Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. HB 441
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .          Floor: SA1/C          
             04/23/2015 10:50 AM       .      04/24/2015 05:43 PM       

       Senator Grimsley moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 400.474, Florida
    6  Statutes, is amended to read:
    7         400.474 Administrative penalties.—
    8         (7) A home health agency shall submit to the agency, with
    9  each license renewal application, the number of patients who
   10  receive home health services from the home health agency on the
   11  day that the license renewal application is filed, within 15
   12  days after the end of each calendar quarter, a written report
   13  that includes the following data as they existed on the last day
   14  of the quarter:
   15         (a) The number of insulin-dependent diabetic patients who
   16  receive insulin-injection services from the home health agency.
   17         (b) The number of patients who receive both home health
   18  services from the home health agency and hospice services.
   19         (c) The number of patients who receive home health services
   20  from the home health agency.
   21         (d) The name and license number of each nurse whose primary
   22  job responsibility is to provide home health services to
   23  patients and who received remuneration from the home health
   24  agency in excess of $25,000 during the calendar quarter.
   26         If the home health agency fails to submit the written
   27  quarterly report within 15 days after the end of each calendar
   28  quarter, the Agency for Health Care Administration shall impose
   29  a fine against the home health agency in the amount of $200 per
   30  day until the Agency for Health Care Administration receives the
   31  report, except that the total fine imposed pursuant to this
   32  subsection may not exceed $5,000 per quarter. A home health
   33  agency is exempt from submission of the report and the
   34  imposition of the fine if it is not a Medicaid or Medicare
   35  provider or if it does not share a controlling interest with a
   36  licensee, as defined in s. 408.803, which bills the Florida
   37  Medicaid program or the Medicare program.
   38         Section 2. Paragraph (t) is added to subsection (3) of
   39  section 408.036, Florida Statutes, to read:
   40         408.036 Projects subject to review; exemptions.—
   41         (3) EXEMPTIONS.—Upon request, the following projects are
   42  subject to exemption from the provisions of subsection (1):
   43         (t) For the establishment of a health care facility or
   44  project that meets all of the following criteria:
   45         1. The applicant was previously licensed within the past 21
   46  days as a health care facility or provider that is subject to
   47  subsection (1).
   48         2. The applicant failed to submit a renewal application and
   49  the license expired on or after January 1, 2015.
   50         3. The applicant does not have a license denial or
   51  revocation action pending with the agency at the time of the
   52  request.
   53         4. The applicant’s request is for the same service type,
   54  district, service area, and site for which the applicant was
   55  previously licensed.
   56         5. The applicant’s request, if applicable, includes the
   57  same number and type of beds as were previously licensed.
   58         6. The applicant agrees to the same conditions that were
   59  previously imposed on the certificate of need or on an exemption
   60  related to the applicant’s previously licensed health care
   61  facility or project.
   62         7. The applicant applies for initial licensure as required
   63  under s. 408.806 within 21 days after the agency approves the
   64  exemption request. If the applicant fails to apply in a timely
   65  manner, the exemption expires on the 22nd day following the
   66  agency’s approval of the exemption.
   68         Notwithstanding subparagraph 1., an applicant whose license
   69  expired between January 1, 2015 and the effective date of this
   70  act may apply for an exemption within 30 days of this act
   71  becoming law.
   72         Section 3. This act shall take effect upon becoming a law.
   74  ================= T I T L E  A M E N D M E N T ================
   75  And the title is amended as follows:
   76         Delete everything before the enacting clause
   77  and insert:
   78                        A bill to be entitled                      
   79         An act relating to the regulation of health care
   80         facilities and services; amending s. 400.474, F.S.;
   81         revising the information that a home health agency is
   82         required to submit to the Agency for Health Care
   83         Administration for license renewal; removing the
   84         requirement that a home health agency submit quarterly
   85         reports; amending s. 408.036, F.S.; providing an
   86         exemption from a certificate-of-need review for
   87         applicants that were previously licensed within a
   88         specified period as a health care facility or provider
   89         and that meet certain criteria; providing an exception
   90         for an applicant whose license expired during a
   91         specified time period to apply for an exemption from
   92         the review; providing an effective date.