Senate Bill sb2594

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    Florida Senate - 2004                                  SB 2594

    By Senator Diaz de la Portilla





    36-1918-04

  1                      A bill to be entitled

  2         An act relating to medicaid provider fraud;

  3         amending s. 409.920, F.S.; revising the

  4         elements of the offense of Medicaid provider

  5         fraud to require that a person must have

  6         willfully engaged in certain prohibited

  7         activities rather than only knowingly engaged

  8         in those prohibited activities; providing that

  9         proof of a false statement or representation

10         gives rise to an inference of the willful

11         submission of a fraudulent claim under certain

12         circumstances; reenacting s. 921.0022(3)(g),

13         F.S., relating to the offense severity ranking

14         chart of the Criminal Punishment Code, to

15         incorporate the amendment to s. 409.920, F.S.,

16         in a reference thereto; providing an effective

17         date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Subsections (2), (5), and (6) of section

22  409.920, Florida Statutes, are amended to read:

23         409.920  Medicaid provider fraud.--

24         (2)  It is unlawful to:

25         (a)  Knowingly and willfully make, cause to be made, or

26  aid and abet in the making of any false statement or false

27  representation of a material fact, by commission or omission,

28  in any claim submitted to the agency or its fiscal agent for

29  payment.

30         (b)  Knowingly and willfully make, cause to be made, or

31  aid and abet in the making of a claim for items or services

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 1  that are not authorized to be reimbursed by the Medicaid

 2  program.

 3         (c)  Knowingly and willfully charge, solicit, accept,

 4  or receive anything of value, other than an authorized

 5  copayment from a Medicaid recipient, from any source in

 6  addition to the amount legally payable for an item or service

 7  provided to a Medicaid recipient under the Medicaid program or

 8  knowingly and willfully fail to credit the agency or its

 9  fiscal agent for any payment received from a third-party

10  source.

11         (d)  Knowingly and willfully make or in any way cause

12  to be made any false statement or false representation of a

13  material fact, by commission or omission, in any document

14  containing items of income and expense that is or may be used

15  by the agency to determine a general or specific rate of

16  payment for an item or service provided by a provider.

17         (e)  Knowingly and willfully solicit, offer, pay, or

18  receive any remuneration, including any kickback, bribe, or

19  rebate, directly or indirectly, overtly or covertly, in cash

20  or in kind, in return for referring an individual to a person

21  for the furnishing or arranging for the furnishing of any item

22  or service for which payment may be made, in whole or in part,

23  under the Medicaid program, or in return for obtaining,

24  purchasing, leasing, ordering, or arranging for or

25  recommending, obtaining, purchasing, leasing, or ordering any

26  goods, facility, item, or service, for which payment may be

27  made, in whole or in part, under the Medicaid program.

28         (f)  Knowingly and willfully submit false or misleading

29  information or statements to the Medicaid program for the

30  purpose of being accepted as a Medicaid provider.

31  

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 1  A person who violates this subsection commits a felony of the

 2  third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084.

 4         (5)  Proof that a claim was submitted to the agency or

 5  its fiscal agent which contained a false statement or a false

 6  representation of a material fact, by commission or omission,

 7  unless satisfactorily explained, gives rise to an inference

 8  that the person whose signature appears as the provider's

 9  authorizing signature on the claim form, or whose signature

10  appears on an agency electronic claim submission agreement

11  submitted for claims made to the fiscal agent by electronic

12  means, had knowledge of and willfully made the false statement

13  or false representation.  This subsection applies whether the

14  signature appears on the claim form or the electronic claim

15  submission agreement by means of handwriting, typewriting,

16  facsimile signature stamp, computer impulse, initials, or

17  otherwise.

18         (6)  Proof of submission to the agency or its fiscal

19  agent of a document containing items of income and expense,

20  which document is used or that may be used by the agency or

21  its fiscal agent to determine a general or specific rate of

22  payment and which document contains a false statement or a

23  false representation of a material fact, by commission or

24  omission, unless satisfactorily explained, gives rise to the

25  inference that the person who signed the certification of the

26  document had knowledge of and willfully made the false

27  statement or representation.  This subsection applies whether

28  the signature appears on the document by means of handwriting,

29  typewriting, facsimile signature stamp, electronic

30  transmission, initials, or otherwise.

31  

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 1         Section 2.  For the purpose of incorporating the

 2  amendment made by this act to section 409.920, Florida

 3  Statutes, in a reference thereto, paragraph (g) of subsection

 4  (3) of section 921.0022, Florida Statutes, is reenacted to

 5  read:

 6         921.0022  Criminal Punishment Code; offense severity

 7  ranking chart.--

 8         (3)  OFFENSE SEVERITY RANKING CHART

 9  

10  Florida           Felony

11  Statute           Degree             Description

12  

13                     

14                              (g)  LEVEL 7

15  316.027(1)(b)      2nd      Accident involving death, failure

16                              to stop; leaving scene.

17  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

18                              injury.

19  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

20                              bodily injury.

21  402.319(2)         2nd      Misrepresentation and negligence

22                              or intentional act resulting in

23                              great bodily harm, permanent

24                              disfiguration, permanent

25                              disability, or death.

26  409.920(2)         3rd      Medicaid provider fraud.

27  456.065(2)         3rd      Practicing a health care

28                              profession without a license.

29  

30  

31  

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 1  456.065(2)         2nd      Practicing a health care

 2                              profession without a license

 3                              which results in serious bodily

 4                              injury.

 5  458.327(1)         3rd      Practicing medicine without a

 6                              license.

 7  459.013(1)         3rd      Practicing osteopathic medicine

 8                              without a license.

 9  460.411(1)         3rd      Practicing chiropractic medicine

10                              without a license.

11  461.012(1)         3rd      Practicing podiatric medicine

12                              without a license.

13  462.17             3rd      Practicing naturopathy without a

14                              license.

15  463.015(1)         3rd      Practicing optometry without a

16                              license.

17  464.016(1)         3rd      Practicing nursing without a

18                              license.

19  465.015(2)         3rd      Practicing pharmacy without a

20                              license.

21  466.026(1)         3rd      Practicing dentistry or dental

22                              hygiene without a license.

23  467.201            3rd      Practicing midwifery without a

24                              license.

25  468.366            3rd      Delivering respiratory care

26                              services without a license.

27  483.828(1)         3rd      Practicing as clinical laboratory

28                              personnel without a license.

29  483.901(9)         3rd      Practicing medical physics

30                              without a license.

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 1  484.013(1)(c)      3rd      Preparing or dispensing optical

 2                              devices without a prescription.

 3  484.053            3rd      Dispensing hearing aids without a

 4                              license.

 5  494.0018(2)        1st      Conviction of any violation of

 6                              ss. 494.001-494.0077 in which the

 7                              total money and property

 8                              unlawfully obtained exceeded

 9                              $50,000 and there were five or

10                              more victims.

11  560.123(8)(b)1.    3rd      Failure to report currency or

12                              payment instruments exceeding

13                              $300 but less than $20,000 by

14                              money transmitter.

15  560.125(5)(a)      3rd      Money transmitter business by

16                              unauthorized person, currency or

17                              payment instruments exceeding

18                              $300 but less than $20,000.

19  655.50(10)(b)1.    3rd      Failure to report financial

20                              transactions exceeding $300 but

21                              less than $20,000 by financial

22                              institution.

23  782.051(3)         2nd      Attempted felony murder of a

24                              person by a person other than the

25                              perpetrator or the perpetrator of

26                              an attempted felony.

27  782.07(1)          2nd      Killing of a human being by the

28                              act, procurement, or culpable

29                              negligence of another

30                              (manslaughter).

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.07(2)(d)       1st      Aggravated battery on law

19                              enforcement officer.

20  784.074(1)(a)      1st      Aggravated battery on sexually

21                              violent predators facility staff.

22  784.08(2)(a)       1st      Aggravated battery on a person 65

23                              years of age or older.

24  784.081(1)         1st      Aggravated battery on specified

25                              official or employee.

26  784.082(1)         1st      Aggravated battery by detained

27                              person on visitor or other

28                              detainee.

29  784.083(1)         1st      Aggravated battery on code

30                              inspector.

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 1  790.07(4)          1st      Specified weapons violation

 2                              subsequent to previous conviction

 3                              of s. 790.07(1) or (2).

 4  790.16(1)          1st      Discharge of a machine gun under

 5                              specified circumstances.

 6  790.165(2)         2nd      Manufacture, sell, possess, or

 7                              deliver hoax bomb.

 8  790.165(3)         2nd      Possessing, displaying, or

 9                              threatening to use any hoax bomb

10                              while committing or attempting to

11                              commit a felony.

12  790.166(3)         2nd      Possessing, selling, using, or

13                              attempting to use a hoax weapon

14                              of mass destruction.

15  790.166(4)         2nd      Possessing, displaying, or

16                              threatening to use a hoax weapon

17                              of mass destruction while

18                              committing or attempting to

19                              commit a felony.

20  796.03             2nd      Procuring any person under 16

21                              years for prostitution.

22  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

23                              victim less than 12 years of age;

24                              offender less than 18 years.

25  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

26                              victim 12 years of age or older

27                              but less than 16 years; offender

28                              18 years or older.

29  806.01(2)          2nd      Maliciously damage structure by

30                              fire or explosive.

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 1  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 2                              unarmed; no assault or battery.

 3  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 6                              unarmed; no assault or battery.

 7  812.014(2)(a)      1st      Property stolen, valued at

 8                              $100,000 or more; cargo stolen

 9                              valued at $50,000 or more;

10                              property stolen while causing

11                              other property damage; 1st degree

12                              grand theft.

13  812.014(2)(b)3.    2nd      Property stolen, emergency

14                              medical equipment; 2nd degree

15                              grand theft.

16  812.0145(2)(a)     1st      Theft from person 65 years of age

17                              or older; $50,000 or more.

18  812.019(2)         1st      Stolen property; initiates,

19                              organizes, plans, etc., the theft

20                              of property and traffics in

21                              stolen property.

22  812.131(2)(a)      2nd      Robbery by sudden snatching.

23  812.133(2)(b)      1st      Carjacking; no firearm, deadly

24                              weapon, or other weapon.

25  817.234(8)(a)      2nd      Solicitation of motor vehicle

26                              accident victims with intent to

27                              defraud.

28  817.234(9)         2nd      Organizing, planning, or

29                              participating in an intentional

30                              motor vehicle collision.

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 1  817.234(11)(c)     1st      Insurance fraud; property value

 2                              $100,000 or more.

 3  817.2341(2)(b)&

 4   (3)(b)            1st      Making false entries of material

 5                              fact or false statements

 6                              regarding property values

 7                              relating to the solvency of an

 8                              insuring entity which are a

 9                              significant cause of the

10                              insolvency of that entity.

11  825.102(3)(b)      2nd      Neglecting an elderly person or

12                              disabled adult causing great

13                              bodily harm, disability, or

14                              disfigurement.

15  825.103(2)(b)      2nd      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $20,000 or more, but

18                              less than $100,000.

19  827.03(3)(b)       2nd      Neglect of a child causing great

20                              bodily harm, disability, or

21                              disfigurement.

22  827.04(3)          3rd      Impregnation of a child under 16

23                              years of age by person 21 years

24                              of age or older.

25  837.05(2)          3rd      Giving false information about

26                              alleged capital felony to a law

27                              enforcement officer.

28  838.015            2nd      Bribery.

29  838.016            2nd      Unlawful compensation or reward

30                              for official behavior.

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 1  838.021(3)(a)      2nd      Unlawful harm to a public

 2                              servant.

 3  838.22             2nd      Bid tampering.

 4  872.06             2nd      Abuse of a dead human body.

 5  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

 6                              cocaine (or other drug prohibited

 7                              under s. 893.03(1)(a), (1)(b),

 8                              (1)(d), (2)(a), (2)(b), or

 9                              (2)(c)4.) within 1,000 feet of a

10                              child care facility, school, or

11                              state, county, or municipal park

12                              or publicly owned recreational

13                              facility or community center.

14  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

15                              cocaine or other drug prohibited

16                              under s. 893.03(1)(a), (1)(b),

17                              (1)(d), (2)(a), (2)(b), or

18                              (2)(c)4., within 1,000 feet of

19                              property used for religious

20                              services or a specified business

21                              site.

22  893.13(4)(a)       1st      Deliver to minor cocaine (or

23                              other s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4. drugs).

26  893.135(1)(a)1.    1st      Trafficking in cannabis, more

27                              than 25 lbs., less than 2,000

28                              lbs.

29  893.135

30   (1)(b)1.a.        1st      Trafficking in cocaine, more than

31                              28 grams, less than 200 grams.

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 1  893.135

 2   (1)(c)1.a.        1st      Trafficking in illegal drugs,

 3                              more than 4 grams, less than 14

 4                              grams.

 5  893.135

 6   (1)(d)1.          1st      Trafficking in phencyclidine,

 7                              more than 28 grams, less than 200

 8                              grams.

 9  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

10                              than 200 grams, less than 5

11                              kilograms.

12  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

13                              than 14 grams, less than 28

14                              grams.

15  893.135

16   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

17                              grams or more, less than 14

18                              grams.

19  893.135

20   (1)(h)1.a.        1st      Trafficking in

21                              gamma-hydroxybutyric acid (GHB),

22                              1 kilogram or more, less than 5

23                              kilograms.

24  893.135

25   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

26                              kilogram or more, less than 5

27                              kilograms.

28  893.135

29   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

30                              10 grams or more, less than 200

31                              grams.

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 1  896.101(5)(a)      3rd      Money laundering, financial

 2                              transactions exceeding $300 but

 3                              less than $20,000.

 4  896.104(4)(a)1.    3rd      Structuring transactions to evade

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions exceeding $300 but

 8                              less than $20,000.

 9         Section 3.  This act shall take effect July 1, 2004.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Revises the elements of the offense of Medicaid fraud to
      make it unlawful to willfully, rather than just
14    knowingly, provide false or misleading information to the
      Agency of Health Care Administration. Provides that proof
15    that a document was submitted with false or misleading
      information or proof of a false claim creates an
16    inference that the person whose signature appears knew of
      and willfully made the false statement or
17    misrepresentation.

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