Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2658
       
       
       
       
       
       
                                Barcode 928070                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/30/2009 11:29 AM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 30 - 95
    4  and insert:
    5         408.8065Additional licensure requirements for home health
    6  agencies, home medical equipment providers, and health care
    7  clinics.—
    8         (1)An applicant for initial licensure, or initial
    9  licensure due to a change of ownership, as a home health agency,
   10  home medical equipment provider, or health care clinic shall:
   11         (a)Demonstrate financial ability to operate, as required
   12  under s. 408.810(8) and this section. If the applicant’s assets,
   13  credit, and projected revenues meet or exceed projected
   14  liabilities and expenses and the applicant provides independent
   15  evidence that the funds necessary for startup costs, working
   16  capital, and contingency financing exist and will be available
   17  as needed, the applicant has demonstrated the financial ability
   18  to operate.
   19         (b)Submit pro forma financial statements, including a
   20  balance sheet, income and expense statement, and a statement of
   21  cash flows for the first 2 years of operation which provide
   22  evidence that the applicant has sufficient assets, credit, and
   23  projected revenues to cover liabilities and expenses.
   24         (c)Submit a statement of the applicant’s estimated startup
   25  costs and sources of funds through the break-even point in
   26  operations demonstrating that the applicant has the ability to
   27  fund all startup costs, working capital costs, and contingency
   28  financing requirements. The statement must show that the
   29  applicant has at a minimum 3 months of average projected
   30  expenses to cover startup costs, working capital costs, and
   31  contingency financing requirements. The minimum amount for
   32  contingency funding may not be less than 1 month of average
   33  projected expenses.
   34  
   35  All documents required under this subsection must be prepared in
   36  accordance with generally accepted accounting principles and may
   37  be in a compilation form. The financial statements must be
   38  signed by a certified public accountant.
   39         (2)For initial, renewal, or change of ownership licenses
   40  for a home health agency, a home medical equipment provider, or
   41  a health care clinic, applicants and controlling interests who
   42  are nonimmigrant aliens, as described in 8 U.S.C. s. 1101, must
   43  file a surety bond of at least $500,000, payable to the agency,
   44  which guarantees that the home health agency, home medical
   45  equipment provider, or health care clinic will act in full
   46  conformity with all legal requirements for operation.
   47         (3)In addition to the requirements of s. 408.812, any
   48  person who offers services that require licensure under part VII
   49  or part X of chapter 400, or who offers skilled services that
   50  require licensure under part III of chapter 400, without
   51  obtaining a valid license; any person who knowingly files a
   52  false or misleading license or license renewal application or
   53  who submits false or misleading information related to such
   54  application, and any person who violates or conspires to violate
   55  this section, commits a felony of the third degree, punishable
   56  as provided in s. 775.082, s. 775.083, or s. 775.084.
   57         Section 3. Subsection (10) is added to section 400.471,
   58  Florida Statutes, to read:
   59         400.471 Application for license; fee.—
   60         (10)(a)The agency may not issue an initial license to a
   61  home health agency under part II of chapter 408 or this part for
   62  the purpose of opening a new home health agency until July 1,
   63  2010, in any county that has at least one actively licensed home
   64  health agency and a population of persons 65 years of age or
   65  older, as indicated in the most recent population estimates
   66  published by the Executive Office of the Governor, of fewer than
   67  1,200 per home health agency. In such counties, for any
   68  application received by the agency prior to July 1, 2009, which
   69  has been deemed by the agency to be complete except for proof of
   70  accreditation, the agency may issue an initial ownership license
   71  only if the applicant has applied for accreditation before May
   72  1, 2009, from an accrediting organization that is recognized by
   73  the agency.
   74         (b)Effective October 1, 2009, the agency may not issue a
   75  change of ownership license to a home health agency under part
   76  II of chapter 408 or this part until July 1, 2010, in any county
   77  that has at least one actively licensed home health agency and a
   78  population of persons 65 years of age or older, as indicated in
   79  the most recent population estimates published by the Executive
   80  Office of the Governor, of fewer than 1,200 per home health
   81  agency. In such counties, for any application received by the
   82  agency prior to October 1, 2009, which has been deemed by the
   83  agency to be complete except for proof of accreditation, the
   84  agency may issue a change of ownership license only if the
   85  applicant has applied for accreditation before August 1, 2009,
   86  from an accrediting organization that is recognized by the
   87  agency.
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90         And the title is amended as follows:
   91         Delete lines 7 - 17
   92  and insert:
   93  additional licensure requirements for home health agencies, home
   94  medical equipment providers, and health care clinics; requiring
   95  the posting of a surety bond in a specified minimum amount under
   96  certain circumstances; imposing criminal penalties against a
   97  person who knowingly submits misleading information to the
   98  Agency for Health Care Administration in connection with
   99  applications for certain licenses; amending s. 400.471, F.S.;
  100  providing limitations on the licensure of home health agencies
  101  in certain counties; providing an exception; providing an
  102  effective date.