SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 383876
CHAMBER ACTION
Senate House
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04/28/2004 12:13 PM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 63, between lines 16 and 17,
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16 insert:
17 Section 42. Subsection (9) of section 409.907, Florida
18 Statutes, is amended to read:
19 409.907 Medicaid provider agreements.--The agency may
20 make payments for medical assistance and related services
21 rendered to Medicaid recipients only to an individual or
22 entity who has a provider agreement in effect with the agency,
23 who is performing services or supplying goods in accordance
24 with federal, state, and local law, and who agrees that no
25 person shall, on the grounds of handicap, race, color, or
26 national origin, or for any other reason, be subjected to
27 discrimination under any program or activity for which the
28 provider receives payment from the agency.
29 (9) Upon receipt of a completed, signed, and dated
30 application, and completion of any necessary background
31 investigation and criminal history record check, the agency
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 383876
1 must either:
2 (a) Enroll the applicant as a Medicaid provider no
3 earlier than the effective date of the approval of the
4 provider application. With respect to providers who were
5 recently granted a change of ownership and those who primarily
6 provide emergency medical services transportation or emergency
7 services and care pursuant to s. 395.1041 or s. 401.45, or
8 services provided by entities under s. 409.91255, and
9 out-of-state providers, upon approval of the provider
10 application, the effective date of approval is considered to
11 be the date the agency receives the provider application; or
12 (b) Deny the application if the agency finds that it
13 is in the best interest of the Medicaid program to do so. The
14 agency may consider the factors listed in subsection (10), as
15 well as any other factor that could affect the effective and
16 efficient administration of the program, including, but not
17 limited to, the applicant's demonstrated ability to provide
18 services, conduct business, and operate a financially viable
19 concern; the current availability of medical care, services,
20 or supplies to recipients, taking into account geographic
21 location and reasonable travel time; the number of providers
22 of the same type already enrolled in the same geographic area;
23 and the credentials, experience, success, and patient outcomes
24 of the provider for the services that it is making application
25 to provide in the Medicaid program. The agency shall deny the
26 application if the agency finds that a provider; any officer,
27 director, agent, managing employee, or affiliated person; or
28 any partner or shareholder having an ownership interest equal
29 to 5 percent or greater in the provider if the provider is a
30 corporation, partnership, or other business entity, has failed
31 to pay all outstanding fines or overpayments assessed by final
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. ___ Barcode 383876
1 order of the agency or final order of the Centers for Medicare
2 and Medicaid Services, not subject to further appeal, unless
3 the provider agrees to a repayment plan that includes
4 withholding Medicaid reimbursement until the amount due is
5 paid in full.
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7 (Redesignate subsequent sections.)
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11 And the title is amended as follows:
12 On page 7, line 1, after the semicolon,
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14 insert:
15 amending s. 409.907, F.S.; providing criteria
16 for establishing the effective date of approval
17 of certain applications to be a Medicaid
18 provider;
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