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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2339

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Health Care Licensing & Regulation offered

12  the following:

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14         Amendment (with title amendment) 

15         On page 94, lines 5 through 16

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:

19         Section 1.  Subsection (7), (9), and (10) of section

20  409.907, Florida Statutes, are amended to 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         (7)  The agency may require, as a condition of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2339

    Amendment No. 1 (for drafter's use only)





 1  participating in the Medicaid program and before entering into

 2  the provider agreement, that the provider  submit information

 3  concerning the professional, business, and personal background

 4  of the provider and permit an onsite inspection of the

 5  provider's service location by agency staff or other personnel

 6  designated by the agency to perform assist in this function.

 7  Before entering into the provider agreement, or as a condition

 8  of continuing in the Medicaid program, the agency and may also

 9  require that Medicaid providers reimbursed on a

10  fee-for-services basis or fee schedule basis which is not

11  cost-based, post a surety bond from the provider not to exceed

12  $50,000 or the total amount billed by the provider to the

13  program during the currant or most recent calendar year,

14  whichever is greater. For new providers, the amount of the

15  surety bond shall be determined by the agency based on the

16  provider's estimate of its first year's billing. If the

17  provider's billing during the first year exceeds the bond

18  amount, the agency may require the provider to acquire an

19  additional bond equal to the actual billing level of the

20  provider. A provider's bond shall not exceed $50,000 if a

21  physician or group of physicians licensed under chapter 458,

22  chapter 459, or chapter 460 has a 50 percent or greater

23  ownership interest in the provider or if the provider is an

24  assisted living facility licensed under part III of chapter

25  400. The bonds permitted by this section are in addition to

26  the bonds referenced in s. 400.179(4)(d). If the provider is a

27  corporation, partnership, association, or other entity, the

28  agency may require the provider to submit information

29  concerning the background of that entity and of any principal

30  of the entity, including any partner or shareholder having an

31  ownership interest in the entity equal to 5 percent or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2339

    Amendment No. 1 (for drafter's use only)





 1  greater, and any treating provider who participates in or

 2  intends to participate in Medicaid through the entity. The

 3  information must include:

 4         (a)  Proof of holding a valid license or operating

 5  certificate, as applicable, if required by the state or local

 6  jurisdiction in which the provider is located or if required

 7  by the Federal Government.

 8         (b)  Information concerning any prior violation, fine,

 9  suspension, termination, or other administrative action taken

10  under the Medicaid laws, rules, or regulations of this state

11  or of any other state or the Federal Government; any prior

12  violation of the laws, rules, or regulations relating to the

13  Medicare program; any prior violation of the rules or

14  regulations of any other public or private insurer; and any

15  prior violation of the laws, rules, or regulations of any

16  regulatory body of this or any other state.

17         (c)  Full and accurate disclosure of any financial or

18  ownership interest that the provider, or any principal,

19  partner, or major shareholder thereof, may hold in any other

20  Medicaid provider or health care related entity or any other

21  entity that is licensed by the state to provide health or

22  residential care and treatment to persons.

23         (d)  If a group provider, identification of all members

24  of the group and attestation that all members of the group are

25  enrolled in or have applied to enroll in the Medicaid program.

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28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 8, line 10 after the semicolon

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    File original & 9 copies    04/13/00
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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2339

    Amendment No. 1 (for drafter's use only)





 1  insert:

 2         specifying bonding requirements for providers;

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    File original & 9 copies    04/13/00
    hcs0005                     03:41 pm         02339-hcl -314005