Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 876
       
       
       
       
       
       
                                Ì493956UÎ493956                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/14/2017           .                                
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       The Committee on Health Policy (Young) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 546 and 547
    4  insert:
    5         Section 4. Subsections (2) and (3) of section 456.0635,
    6  Florida Statutes, are amended to read:
    7         456.0635 Health care fraud; disqualification for license,
    8  certificate, or registration.—
    9         (2) Each board within the jurisdiction of the department,
   10  or the department if there is no board, shall refuse to admit a
   11  candidate to any examination and refuse to issue a license,
   12  certificate, or registration to any applicant if the candidate
   13  or applicant or any principal, officer, agent, managing
   14  employee, or affiliated person of the candidate or applicant:
   15         (a) Has been convicted of, or entered a plea of guilty or
   16  nolo contendere to, regardless of adjudication, a felony under
   17  chapter 409, chapter 817, or chapter 893, or a similar felony
   18  offense committed in another state or jurisdiction, unless the
   19  candidate or applicant has successfully completed a pretrial
   20  diversion or drug court program for that felony and provides
   21  proof that the plea has been withdrawn or the charges have been
   22  dismissed. Any such conviction or plea shall exclude the
   23  applicant or candidate from licensure, examination,
   24  certification, or registration unless the sentence and any
   25  subsequent period of probation for such conviction or plea
   26  ended:
   27         1. For felonies of the first or second degree, more than 15
   28  years before the date of application.
   29         2. For felonies of the third degree, more than 10 years
   30  before the date of application, except for felonies of the third
   31  degree under s. 893.13(6)(a).
   32         3. For felonies of the third degree under s. 893.13(6)(a),
   33  more than 5 years before the date of application;
   34         (b) Has been convicted of, or entered a plea of guilty or
   35  nolo contendere to, regardless of adjudication, a felony under
   36  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
   37  sentence and any subsequent period of probation for such
   38  conviction or plea ended more than 15 years before the date of
   39  the application;
   40         (c) Has been terminated for cause from the Florida Medicaid
   41  program pursuant to s. 409.913, unless the candidate or
   42  applicant has been in good standing with the Florida Medicaid
   43  program for the most recent 5 years;
   44         (d) Has been terminated for cause, pursuant to the appeals
   45  procedures established by the state, from any other state
   46  Medicaid program, unless the candidate or applicant has been in
   47  good standing with a state Medicaid program for the most recent
   48  5 years and the termination occurred at least 20 years before
   49  the date of the application; or
   50         (e) Is currently listed on the United States Department of
   51  Health and Human Services Office of Inspector General’s List of
   52  Excluded Individuals and Entities.
   53  
   54  This subsection does not apply to an applicant for initial
   55  licensure, certification, or registration who was enrolled on or
   56  before July 1, 2009, in an educational or training program that
   57  was recognized by a board or, if there is no board, recognized
   58  by the department and who applied for licensure, certification,
   59  or registration after July 1, 2012.
   60         (3) The department shall refuse to renew a license,
   61  certificate, or registration of any applicant if the applicant
   62  or any principal, officer, agent, managing employee, or
   63  affiliated person of the applicant:
   64         (a) Has been convicted of, or entered a plea of guilty or
   65  nolo contendere to, regardless of adjudication, a felony under
   66  chapter 409, chapter 817, or chapter 893, or a similar felony
   67  offense committed in another state or jurisdiction, unless the
   68  applicant is currently enrolled in a pretrial diversion or drug
   69  court program that allows the withdrawal of the plea for that
   70  felony upon successful completion of that program. Any such
   71  conviction or plea excludes the applicant from licensure renewal
   72  unless the sentence and any subsequent period of probation for
   73  such conviction or plea ended:
   74         1. For felonies of the first or second degree, more than 15
   75  years before the date of application.
   76         2. For felonies of the third degree, more than 10 years
   77  before the date of application, except for felonies of the third
   78  degree under s. 893.13(6)(a).
   79         3. For felonies of the third degree under s. 893.13(6)(a),
   80  more than 5 years before the date of application.
   81         (b) Has been convicted of, or entered a plea of guilty or
   82  nolo contendere to, regardless of adjudication, a felony under
   83  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1,
   84  2009, unless the sentence and any subsequent period of probation
   85  for such conviction or plea ended more than 15 years before the
   86  date of the application. However, if the applicant was arrested
   87  or charged with such felony before July 1, 2009, he or she is
   88  not excluded from licensure renewal under this paragraph.
   89         (c) Has been terminated for cause from the Florida Medicaid
   90  program pursuant to s. 409.913, unless the applicant has been in
   91  good standing with the Florida Medicaid program for the most
   92  recent 5 years.
   93         (d) Has been terminated for cause, pursuant to the appeals
   94  procedures established by the state, from any other state
   95  Medicaid program, unless the applicant has been in good standing
   96  with a state Medicaid program for the most recent 5 years and
   97  the termination occurred at least 20 years before the date of
   98  the application.
   99         (e) Is currently listed on the United States Department of
  100  Health and Human Services Office of Inspector General’s List of
  101  Excluded Individuals and Entities.
  102  
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete line 47
  106  and insert:
  107         changes made by the act; amending s. 456.0635, F.S.;
  108         providing that a specified board or the department is
  109         not required, under certain circumstances, to refuse
  110         to admit a candidate to an examination, to issue a
  111         license, certificate, or registration to an applicant,
  112         and to renew a license, certificate, or registration
  113         of an applicant if the candidate or applicant has
  114         successfully completed a pretrial diversion program;
  115         providing applicability; amending ss. 456.072,