CODING: Words stricken are deletions; words underlined are additions.

House Bill 1445

Florida House of Representatives - 1997 HB 1445 By Representative Arnall 1 A bill to be entitled 2 An act relating to Medicaid provider 3 agreements; amending s. 409.907, F.S.; 4 requiring state and national criminal-history 5 checks of those who apply to be providers; 6 defining the term "applicant"; allowing the 7 Agency for Health Care Administration to permit 8 an agency to become a provider pending the 9 results of such checks, and to revoke 10 permission in specified circumstances; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Present subsections (9) and (10) of section 16 409.907, Florida Statutes, 1996 Supplement, are redesignated 17 as subsections (10) and (11), respectively, present subsection 18 (8) of that section is redesignated as subsection (9) and 19 amended, and a new subsection (8) is added to that section, to 20 read: 21 409.907 Medicaid provider agreements.--The agency may 22 make payments for medical assistance and related services 23 rendered to Medicaid recipients only to an individual or 24 entity who has a provider agreement in effect with the agency, 25 who is performing services or supplying goods in accordance 26 with federal, state, and local law, and who agrees that no 27 person shall, on the grounds of handicap, race, color, or 28 national origin, or for any other reason, be subjected to 29 discrimination under any program or activity for which the 30 provider receives payment from the agency. 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1445 54-330-97 1 (8) Upon receipt of a completed, signed, and dated 2 application, the agency shall investigate the applicant. In 3 connection with the investigation, each applicant must file a 4 full set of his or her fingerprints with the agency so that a 5 criminal-background investigation of the applicant can be 6 conducted. The agency shall submit the applicant's 7 fingerprints to the Department of Law Enforcement, and the 8 Department of Law Enforcement must conduct a state 9 criminal-history record check and must forward the 10 fingerprints to the Federal Bureau of Investigation for a 11 national criminal-history record check. As used in this 12 subsection, the term "applicant" includes the provider, or any 13 officer, director, agent, managing employee, or affiliated 14 person, or any partner or shareholder who has an ownership 15 interest equal to 5 percent or more in the provider if the 16 provider is a corporation, partnership, or other business 17 entity. The actual cost of the state and national 18 criminal-history record checks must be borne by the applicant. 19 The agency may permit an applicant to become a provider 20 pending the results of the criminal-history background check, 21 but such permission is fully revocable by the agency if it 22 subsequently determines that any matters set forth in the 23 application are not true or are incorrectly represented. 24 (9)(8) Upon completion of the background investigation 25 receipt of a completed, signed, and dated application, and 26 after any necessary investigation by the agency, which may 27 include Florida Department of Law Enforcement background 28 checks, the agency must either: 29 (a) Enroll the applicant as a Medicaid provider; or 30 (b) Deny the application if, based on the grounds 31 listed in subsection (10), (9) it is in the best interest of 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1445 54-330-97 1 the Medicaid program to do so, specifying the reasons for 2 denial. 3 Section 2. This act shall take effect July 1, 1997. 4 5 ***************************************** 6 SENATE SUMMARY 7 Requires state and national criminal-history background checks of all who apply to be Medicaid providers. Defines 8 the term "applicant." Allows the Agency for Health Care Administration to permit an applicant to become a 9 provider pending the results of the criminal-history background check, and to revoke such permission if 10 matters set forth in the application are found to be untrue or incorrectly represented. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3