SENATE AMENDMENT
    Bill No. CS for CS for SB 1064
    Amendment No. ___   Barcode 444122
                            CHAMBER ACTION
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       04/14/2004 11:28 AM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 78, line 9, through
15            page 79, line 24, delete those lines
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17  and insert:  
18         Section 11.  Subsection (1) of section 465.188, Florida
19  Statutes, is amended, and subsection (4) is added to that
20  section, to read:
21         465.188  Medicaid audits of pharmacies.--
22         (1)  Notwithstanding any other law, when an audit of
23  the Medicaid-related records of a pharmacy licensed under
24  chapter 465 is conducted, such audit must be conducted as
25  provided in this section.
26         (a)  The agency conducting the audit must give the
27  pharmacist at least 1 week's prior notice of the initial audit
28  for each audit cycle.
29         (b)  An audit must be conducted by a pharmacist
30  licensed in this state.
31         (c)  Any clerical or recordkeeping error, such as a
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    5:24 PM   04/01/04                              s1064c2c-37t37

SENATE AMENDMENT Bill No. CS for CS for SB 1064 Amendment No. ___ Barcode 444122 1 typographical error, scrivener's error, or computer error 2 regarding a document or record required under the Medicaid 3 program does not constitute a willful violation and is not 4 subject to criminal penalties without proof of intent to 5 commit fraud. 6 (d) A pharmacist may use the physician's record or 7 other order for drugs or medicinal supplies written or 8 transmitted by any means of communication for purposes of 9 validating the pharmacy record with respect to orders or 10 refills of a legend or narcotic drug. 11 (e) A finding of an overpayment or underpayment must 12 be based on the actual overpayment or underpayment and may not 13 be a projection based on the number of patients served having 14 a similar diagnosis or on the number of similar orders or 15 refills for similar drugs. 16 (f) Each pharmacy shall be audited under the same 17 standards and parameters. 18 (g) A pharmacist must be allowed at least 10 days in 19 which to produce documentation to address any discrepancy 20 found during an audit. 21 (h) The period covered by an audit may not exceed 1 22 calendar year. 23 (i) An audit may not be scheduled during the first 5 24 days of any month due to the high volume of prescriptions 25 filled during that time. 26 (j) The audit report must be delivered to the 27 pharmacist within 90 days after conclusion of the audit. A 28 final audit report shall be delivered to the pharmacist within 29 6 months after receipt of the preliminary audit report or 30 final appeal, as provided for in subsection (2), whichever is 31 later. 2 5:24 PM 04/01/04 s1064c2c-37t37
SENATE AMENDMENT Bill No. CS for CS for SB 1064 Amendment No. ___ Barcode 444122 1 (k) The audit criteria set forth in this section 2 applies only to audits of claims submitted for payment 3 subsequent to July 11, 2003. 4 (4) This section does not apply to any investigative 5 audit conducted by the Agency for Health Care Administration 6 when the agency has reliable evidence that the claim that is 7 the subject of the audit involves fraud, willful 8 misrepresentation, or abuse under the Medicaid program. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 5, line 9, after the first semicolon, 14 15 insert: 16 providing that the specified Medicaid audit 17 procedures do not apply to any investigative 18 audit conducted by the agency when the agency 19 has reliable evidence that the claim that is 20 the subject of the audit involves fraud, 21 willful misrepresentation, or abuse under the 22 Medicaid program; 23 24 25 26 27 28 29 30 31 3 5:24 PM 04/01/04 s1064c2c-37t37