| 1 | A bill to be entitled |
| 2 | An act relating to independent diagnostic testing |
| 3 | facilities; creating part XIV of chapter 400, F.S.; |
| 4 | providing a popular name; providing legislative findings; |
| 5 | providing definitions; providing licensing requirements; |
| 6 | providing application requirements and deadlines; |
| 7 | providing for temporary licensure; requiring background |
| 8 | screening of all applicants; restricting the issuance of |
| 9 | licenses under certain circumstances; providing for fees; |
| 10 | providing for inspections of facilities by the Agency for |
| 11 | Health Care Administration; providing for emergency |
| 12 | suspension of licenses; providing for administrative fines |
| 13 | and investigation fees; requiring license renewal and |
| 14 | providing requirements thereof; requiring application for |
| 15 | change of ownership under certain circumstances and |
| 16 | providing requirements thereof; restricting transfers of |
| 17 | licenses; providing for provisional licenses in certain |
| 18 | circumstances; requiring the agency to adopt rules; |
| 19 | requiring the agency to calculate certain fees; providing |
| 20 | requirements; providing for deposit of collected fees in |
| 21 | the Health Care Trust Fund; providing that it is unlawful |
| 22 | to own, operate, or maintain a facility without a license; |
| 23 | providing criminal penalties; providing for fines; |
| 24 | providing penalties for health care providers who fail to |
| 25 | report unlicensed facilities under certain circumstances; |
| 26 | requiring the president, director, medical director, or |
| 27 | chief executive officer of each independent diagnostic |
| 28 | testing facility to accept certain responsibilities; |
| 29 | requiring new independent diagnostic testing facilities to |
| 30 | apply for licensure within a certain timeframe; |
| 31 | restricting eligibility of certain claims; providing |
| 32 | penalties for unlicensed activity; providing penalties for |
| 33 | health care providers in violation; providing authority to |
| 34 | the agency to suspend or revoke licenses issued; providing |
| 35 | for investigations for compliance; providing for exemption |
| 36 | from licensure under certain circumstances; requiring |
| 37 | independent diagnostic testing facilities to display |
| 38 | licenses; requiring accreditation for licensure; granting |
| 39 | full faith and credit to magnetic resonance imaging |
| 40 | independent diagnostic testing facilities under certain |
| 41 | circumstances; authorizing the agency to pursue injunctive |
| 42 | relief under certain circumstances; providing criteria; |
| 43 | providing for a standard of review for agency actions; |
| 44 | authorizing administrative penalties and providing |
| 45 | criteria thereof; providing for procedures to correct |
| 46 | violations; providing for interest on administrative |
| 47 | fines; providing fines; providing for plans of corrective |
| 48 | action in certain circumstances; providing for deposit of |
| 49 | administrative fines in the Health Care Trust Fund; |
| 50 | providing an effective date. |
| 51 |
|
| 52 | Be It Enacted by the Legislature of the State of Florida: |
| 53 |
|
| 54 | Section 1. Part XIV of chapter 400, Florida Statutes, |
| 55 | consisting of sections 400.9970, 400.9971, 400.9972, 400.9973, |
| 56 | 400.9974, 400.9975, 400.9976, 400.9977, 400.9978, 400.9979, and |
| 57 | 400.9980, Florida Statutes, is created to read: |
| 58 | 400.9970 Popular name; legislative findings.-- |
| 59 | (1) This part may be referred to by the popular name the |
| 60 | "Independent Diagnostic Testing Facility Act." |
| 61 | (2) The Legislature finds that the regulation of |
| 62 | independent diagnostic testing facilities must be strengthened |
| 63 | to prevent significant cost and harm to consumers. The purpose |
| 64 | of this part is to provide for the licensure, establishment, and |
| 65 | enforcement of basic standards for independent diagnostic |
| 66 | testing facilities and to provide for the administrative |
| 67 | oversight of such testing facilities by the Agency for Health |
| 68 | Care Administration. |
| 69 | 400.9971 Definitions.--As used in this part: |
| 70 | (1) "Agency" means the Agency for Health Care |
| 71 | Administration. |
| 72 | (2) "Applicant" means an individual, partnership, |
| 73 | corporation, or other business entity that owns or controls 5 |
| 74 | percent or more of an interest in the independent diagnostic |
| 75 | testing facility, but does not include the limited partners in |
| 76 | limited liability partnerships or an individual who is |
| 77 | responsible for the day-to-day operation or financial operation |
| 78 | of the independent diagnostic testing facility. |
| 79 | (3) "Independent diagnostic testing facility" means an |
| 80 | individual, partnership, corporation, or other business entity |
| 81 | that performs the technical components of magnetic resonance |
| 82 | imaging, static radiographs, computer tomography, and position |
| 83 | emission tomography, and provides the professional components of |
| 84 | such services, in a fixed facility that is accredited by the |
| 85 | Joint Commission on Accreditation of Healthcare Organizations |
| 86 | and the American College of Radiology within 1 year after |
| 87 | licensure and: |
| 88 | (a) Does not accept patient referrals prohibited by s. |
| 89 | 456.053(5). |
| 90 | (b) Does not directly or indirectly provide therapy or |
| 91 | treatment services to patients for whom it also provides |
| 92 | diagnostic imaging services. |
| 93 | (c) Does not include any entity which has an investor as |
| 94 | defined by s. 456.053(3) or include any one of the following: |
| 95 | 1. Any individual or entity that is directly or indirectly |
| 96 | an investor in a clinic; or |
| 97 | 2. Any individual or entity that directly or indirectly |
| 98 | provides services to a clinic if such services include the |
| 99 | referral of patients to any provider of diagnostic imaging |
| 100 | services as defined in s. 456.053(3). |
| 101 | (d) Is not a clinic as defined in s. 400.9905. |
| 102 | 400.9972 License requirements; background screenings; |
| 103 | prohibitions.-- |
| 104 | (1) Each independent diagnostic testing facility shall be |
| 105 | licensed and maintain a valid license with the agency. Each |
| 106 | independent diagnostic testing facility location shall be |
| 107 | licensed separately even if the independent diagnostic testing |
| 108 | facility is operated under the same business name or management |
| 109 | as another independent diagnostic testing facility. |
| 110 | (2) The initial independent diagnostic testing facility |
| 111 | license application shall be filed with the agency by all |
| 112 | independent diagnostic testing facilities on or before March 1, |
| 113 | 2005. An independent diagnostic testing facility license shall |
| 114 | be renewed biennially. |
| 115 | (3) Applicants that submit an application on or before |
| 116 | March 1, 2005, which meets all requirements for initial |
| 117 | licensure shall receive a temporary license until the completion |
| 118 | of an initial inspection verifying that the applicant meets all |
| 119 | requirements in the rules authorized by s. 400.9975. However, a |
| 120 | clinic engaged in magnetic resonance imaging services may not |
| 121 | receive a temporary license unless it presents evidence |
| 122 | satisfactory to the agency that such clinic is making a good |
| 123 | faith effort and substantial progress in seeking accreditation |
| 124 | required under s. 400.9935. |
| 125 | (4) Application for an initial independent diagnostic |
| 126 | testing facility license or for renewal of an existing license |
| 127 | shall be notarized on forms furnished by the agency and shall be |
| 128 | accompanied by the appropriate license fee as specified in s. |
| 129 | 400.9975. The agency shall take final action on an initial |
| 130 | license application within 60 days after receipt of all required |
| 131 | documentation. |
| 132 | (5) The application shall contain information that |
| 133 | includes, but need not be limited to, the name, residence and |
| 134 | business addresses, phone numbers, social security number, and |
| 135 | license number of each applicant and each licensed medical |
| 136 | provider employed or under contract with the independent |
| 137 | diagnostic testing facility. |
| 138 | (6) The application shall include satisfactory proof that |
| 139 | the independent diagnostic testing facility is in compliance |
| 140 | with this part and applicable rules, including the number and |
| 141 | discipline of each professional staff member to be employed. |
| 142 | (7) Upon receipt of a completed, signed, and dated |
| 143 | application, the agency shall require background screening of |
| 144 | the applicant, in accordance with the level 2 standards for |
| 145 | screening set forth in chapter 435. Proof of compliance with the |
| 146 | level 2 background screening requirements of chapter 435 which |
| 147 | has been submitted within the previous 5 years in compliance |
| 148 | with any other health care licensure requirements of this state |
| 149 | is acceptable in fulfillment of this subsection. |
| 150 | (8) Each applicant shall submit with the application a |
| 151 | description and explanation of any exclusions, permanent |
| 152 | suspensions, or terminations of an applicant from the Medicare |
| 153 | or Medicaid program. Proof of compliance with the requirements |
| 154 | for disclosure of ownership and control interest under the |
| 155 | Medicaid or Medicare program may be accepted in lieu of this |
| 156 | submission. The description and explanation may indicate whether |
| 157 | such exclusions, suspensions, or terminations were voluntary or |
| 158 | involuntary on the part of the applicant. |
| 159 | (9) A license may not be granted to an independent |
| 160 | diagnostic testing facility if the applicant has been found |
| 161 | guilty of, or has entered a plea of nolo contendere or guilty |
| 162 | to, any offense prohibited under the level 2 standards for |
| 163 | screening set forth in chapter 435, or a violation of insurance |
| 164 | fraud under s. 817.234, within the past 5 years. If the |
| 165 | applicant has been convicted of an offense prohibited under the |
| 166 | level 2 standards or insurance fraud in any jurisdiction, the |
| 167 | applicant shall show that his or her civil rights have been |
| 168 | restored prior to submitting an application. |
| 169 | (10) The agency may deny or revoke licensure if the |
| 170 | applicant has falsely represented any material fact or omitted |
| 171 | any material fact from the application required by this part. |
| 172 | (11) Requested information omitted from an application for |
| 173 | licensure, license renewal, or transfer of ownership shall be |
| 174 | filed with the agency within 21 days after receipt of the |
| 175 | agency's request for omitted information or the application |
| 176 | shall be deemed incomplete and withdrawn from further |
| 177 | consideration. |
| 178 | (12) The failure to file a timely renewal application |
| 179 | shall result in a late fee charged to the independent diagnostic |
| 180 | testing facility in an amount equal to 50 percent of the current |
| 181 | license fee. |
| 182 | 400.9973 Independent diagnostic testing facility |
| 183 | inspections; emergency suspension; costs.-- |
| 184 | (1) An authorized officer or employee of the agency shall |
| 185 | make inspections of the independent diagnostic testing facility |
| 186 | as part of the initial license application or renewal |
| 187 | application. The application for an independent diagnostic |
| 188 | testing facility license or renewal issued under this part |
| 189 | constitutes permission for an appropriate agency inspection to |
| 190 | verify the information submitted in connection with the |
| 191 | application or renewal. |
| 192 | (2) An authorized officer or employee of the agency may |
| 193 | make unannounced inspections of independent diagnostic testing |
| 194 | facilities licensed pursuant to this part as are necessary to |
| 195 | determine that such facilities are in compliance with this part |
| 196 | and with applicable rules. A licensed independent diagnostic |
| 197 | testing facility shall allow full and complete access to the |
| 198 | premises and to billing records or information to any |
| 199 | representative of the agency who makes an inspection to |
| 200 | determine compliance with this part and with applicable rules. |
| 201 | (3) Failure by an independent diagnostic testing facility |
| 202 | licensed under this part to allow full and complete access to |
| 203 | the premises and to billing records or information to any |
| 204 | representative of the agency who makes a request to inspect the |
| 205 | independent diagnostic testing facility to determine compliance |
| 206 | with this part constitutes grounds for emergency suspension of |
| 207 | the license by the agency pursuant to s. 120.60(6). |
| 208 | (4) In addition to any administrative fines imposed, the |
| 209 | agency may assess a fee equal to the cost of conducting a |
| 210 | complaint investigation. |
| 211 | 400.9974 License renewal; transfer of ownership; |
| 212 | provisional license.-- |
| 213 | (1) An application for license renewal shall contain |
| 214 | information as required by the agency. |
| 215 | (2) An application for license renewal shall be submitted |
| 216 | to the agency 90 days before the expiration date of the license. |
| 217 | (3) The independent diagnostic testing facility shall file |
| 218 | with the license renewal application satisfactory proof that it |
| 219 | is in compliance with this part and applicable rules. |
| 220 | (4) When transferring the ownership of an independent |
| 221 | diagnostic testing facility, the transferee shall submit an |
| 222 | application for a license at least 60 days before the effective |
| 223 | date of the transfer. An application for change of ownership of |
| 224 | an independent diagnostic testing facility is required only when |
| 225 | 45 percent or more of the ownership, voting shares, or |
| 226 | controlling interest of an independent diagnostic testing |
| 227 | facility is transferred or assigned, including the final |
| 228 | transfer or assignment of multiple transfers or assignments over |
| 229 | a 2-year period that cumulatively total 45 percent or more. |
| 230 | (5) The license may not be sold, leased, assigned, or |
| 231 | otherwise transferred and is valid only for the independent |
| 232 | diagnostic testing facility owners and location for which |
| 233 | originally issued. |
| 234 | (6) An independent diagnostic testing facility against |
| 235 | whom a revocation or suspension proceeding is pending at the |
| 236 | time of license renewal may be issued a provisional license |
| 237 | until final disposition by the agency of such proceedings. If |
| 238 | judicial relief is sought from the final disposition, the agency |
| 239 | may issue a temporary license for the duration of the judicial |
| 240 | proceeding. |
| 241 | 400.9975 Rulemaking authority; license fees.-- |
| 242 | (1) The agency shall adopt rules necessary to administer |
| 243 | the independent diagnostic testing facility administration, |
| 244 | regulation, and licensure program, including rules establishing |
| 245 | the specific licensure requirements, procedures, forms, and |
| 246 | fees. The agency shall adopt rules establishing a procedure for |
| 247 | the biennial renewal of licenses. The agency may issue initial |
| 248 | licenses for less than the full 2-year period by charging a |
| 249 | prorated licensure fee and specifying a different renewal date |
| 250 | than would otherwise be required for biennial licensure. The |
| 251 | rules shall specify the expiration dates of licenses and any |
| 252 | other conditions of renewal. |
| 253 | (2) License application and renewal fees shall be |
| 254 | reasonably calculated by the agency to cover the agency's costs |
| 255 | in carrying out the agency's responsibilities under this part, |
| 256 | including the cost of licensure, inspection, and regulation of |
| 257 | independent diagnostic testing facilities, and shall be of such |
| 258 | amount that the total fees collected do not exceed the cost of |
| 259 | administering and enforcing compliance with this part. |
| 260 | Independent diagnostic testing facility licensure fees are |
| 261 | nonrefundable and may not exceed $2,000. The agency shall adjust |
| 262 | the license fee annually by not more than the change in the |
| 263 | Consumer Price Index based on the 12 months immediately |
| 264 | preceding the increase. All fees collected under this part shall |
| 265 | be deposited in the Health Care Trust Fund for the |
| 266 | administration of this part. |
| 267 | 400.9976 Unlicensed independent diagnostic testing |
| 268 | facilities; penalties; fines; verification of licensure |
| 269 | status.-- |
| 270 | (1) It is unlawful to own, operate, or maintain an |
| 271 | independent diagnostic testing facility without obtaining a |
| 272 | license under this part. |
| 273 | (2) Any person who owns, operates, or maintains an |
| 274 | unlicensed independent diagnostic testing facility commits a |
| 275 | felony of the third degree, punishable as provided in s. |
| 276 | 775.082, s. 775.083, or s. 775.084. Each day of continued |
| 277 | operation is a separate offense. |
| 278 | (3) Any person who violates subsection (2) a second or |
| 279 | subsequent time commits a felony of the second degree, |
| 280 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 281 | Each day of continued operation is a separate offense. |
| 282 | (4) Any person who owns, operates, or maintains an |
| 283 | unlicensed independent diagnostic testing facility due to a |
| 284 | change in this part or a modification in agency rules within 6 |
| 285 | months after the effective date of such change or modification |
| 286 | and who, within 10 working days after receiving notification |
| 287 | from the agency, fails to cease operation or apply for a license |
| 288 | under this part commits a felony of the third degree, punishable |
| 289 | as provided in s. 775.082, s. 775.083, or s. 775.084. Each day |
| 290 | of continued operation is a separate offense. |
| 291 | (5) Any independent diagnostic testing facility that fails |
| 292 | to cease operation after agency notification may be fined for |
| 293 | each day of noncompliance pursuant to this part. |
| 294 | (6) Any person aware of the operation of an unlicensed |
| 295 | independent diagnostic testing facility shall report that |
| 296 | facility to the agency. |
| 297 | (7) Any health care provider who is aware of the operation |
| 298 | of an unlicensed independent diagnostic testing facility shall |
| 299 | report that facility to the agency. Failure to report an |
| 300 | independent diagnostic testing facility that the provider knows |
| 301 | or has reasonable cause to suspect is unlicensed shall be |
| 302 | reported to the provider's licensing board. |
| 303 | (8) The agency may not issue a license to an independent |
| 304 | diagnostic testing facility that has any unpaid fines assessed |
| 305 | under this part. |
| 306 | 400.9977 Independent diagnostic testing facility |
| 307 | responsibilities.-- |
| 308 | (1) The president, director, medical director, or chief |
| 309 | executive officer of each independent diagnostic testing |
| 310 | facility shall agree in writing to accept legal responsibility |
| 311 | for the following activities on behalf of the independent |
| 312 | diagnostic testing facility: |
| 313 | (a) Ensuring that all practitioners providing health care |
| 314 | services or supplies to patients maintain a current active and |
| 315 | unencumbered Florida license. |
| 316 | (b) Reviewing any patient referral contracts or agreements |
| 317 | executed by the independent diagnostic testing facility. |
| 318 | (c) Ensuring that all health care practitioners at the |
| 319 | independent diagnostic testing facility have active, appropriate |
| 320 | certification or licensure for the level of care being provided. |
| 321 | (d) Serving as the independent diagnostic testing facility |
| 322 | records owner as defined in s. 456.057. |
| 323 | (e) Ensuring compliance with the recordkeeping, office |
| 324 | surgery, and adverse incident reporting requirements of chapter |
| 325 | 456, the respective practice acts, and rules adopted under this |
| 326 | part. |
| 327 | (f) Conducting systematic reviews of independent |
| 328 | diagnostic testing facility billings to ensure that the billings |
| 329 | are not fraudulent or unlawful. Upon discovery of an unlawful |
| 330 | charge, the medical director or independent diagnostic testing |
| 331 | facility director shall take immediate corrective action. |
| 332 | (2) Any business that becomes an independent diagnostic |
| 333 | testing facility after commencing operations shall, within 5 |
| 334 | days after becoming an independent diagnostic testing facility, |
| 335 | file a license application under this part and shall be subject |
| 336 | to all provisions of this part applicable to an independent |
| 337 | diagnostic testing facility. |
| 338 | (3) All charges or reimbursement claims made by or on |
| 339 | behalf of an independent diagnostic testing facility that is |
| 340 | required to be licensed under this part but that is not so |
| 341 | licensed, or that is otherwise operating in violation of this |
| 342 | part, are unlawful charges and therefore are noncompensable and |
| 343 | unenforceable. |
| 344 | (4) Any person establishing, operating, or managing an |
| 345 | unlicensed independent diagnostic testing facility otherwise |
| 346 | required to be licensed under this part, or any person who |
| 347 | knowingly files a false or misleading license application or |
| 348 | license renewal application, or false or misleading information |
| 349 | related to such application or department rule, commits a felony |
| 350 | of the third degree, punishable as provided in s. 775.082, s. |
| 351 | 775.083, or s. 775.084. |
| 352 | (5) Any licensed health care provider who violates this |
| 353 | part is subject to discipline in accordance with this chapter |
| 354 | and his or her respective practice act. |
| 355 | (6) The agency may fine, or suspend or revoke the license |
| 356 | of, any independent diagnostic testing facility licensed under |
| 357 | this part for operating in violation of the requirements of this |
| 358 | part or the rules adopted by the agency. |
| 359 | (7) The agency shall investigate allegations of |
| 360 | noncompliance with this part and the rules adopted under this |
| 361 | part. |
| 362 | (8) Any person or entity providing health care services |
| 363 | which is not an independent diagnostic testing facility may |
| 364 | voluntarily apply for a certificate of exemption from licensure |
| 365 | under its exempt status with the agency on a form that sets |
| 366 | forth its name, or names and addresses, a statement of the |
| 367 | reasons it cannot be defined as an independent diagnostic |
| 368 | testing facility, and other information deemed necessary by the |
| 369 | agency. |
| 370 | (9) The independent diagnostic testing facility shall |
| 371 | display its license in a conspicuous location within the |
| 372 | independent diagnostic testing facility readily visible to all |
| 373 | patients. |
| 374 | (10)(a) In order to remain licensed, an independent |
| 375 | diagnostic testing facility shall be accredited by the Joint |
| 376 | Commission on Accreditation of Healthcare Organizations and the |
| 377 | American College of Radiology within 1 year after licensure. |
| 378 | However, an independent diagnostic testing facility may request |
| 379 | a single, 6-month extension if it provides evidence to the |
| 380 | agency establishing that, for good cause shown, such independent |
| 381 | diagnostic testing facility cannot be accredited within 1 year |
| 382 | after licensure and that such accreditation will be completed |
| 383 | within the 6-month extension. After obtaining accreditation as |
| 384 | required by this paragraph, each such independent diagnostic |
| 385 | testing facility shall maintain accreditation as a condition of |
| 386 | renewal of its license. |
| 387 | (b) The agency may disallow the application of any entity |
| 388 | formed for the purpose of avoiding compliance with the |
| 389 | accreditation provisions of this subsection and whose principals |
| 390 | were previously principals of an entity that was unable to meet |
| 391 | the accreditation requirements within the specified timeframes. |
| 392 | The agency may adopt rules as to the accreditation of magnetic |
| 393 | resonance imaging independent diagnostic testing facilities. |
| 394 | (11) The agency shall give full faith and credit |
| 395 | pertaining to any past variance and waiver granted to a magnetic |
| 396 | resonance imaging independent diagnostic testing facility from |
| 397 | Rule 64-2002, Florida Administrative Code, by the Department of |
| 398 | Health, until September 1, 2004. After that date, such |
| 399 | independent diagnostic testing facility shall request a variance |
| 400 | and waiver from the agency under s. 120.542. |
| 401 | 400.9978 Injunctions.-- |
| 402 | (1) The agency may institute injunctive proceedings in a |
| 403 | court of competent jurisdiction in order to: |
| 404 | (a) Enforce the provisions of this part or any minimum |
| 405 | standard, rule, or order issued or entered into pursuant to this |
| 406 | part if the attempt by the agency to correct a violation through |
| 407 | administrative fines has failed; if the violation materially |
| 408 | affects the health, safety, or welfare of independent diagnostic |
| 409 | testing facility patients; or if the violation involves any |
| 410 | operation of an unlicensed independent diagnostic testing |
| 411 | facility. |
| 412 | (b) Terminate the operation of an independent diagnostic |
| 413 | testing facility if a violation of any provision of this part, |
| 414 | or any rule adopted pursuant to this part, materially affects |
| 415 | the health, safety, or welfare of independent diagnostic testing |
| 416 | facility patients. |
| 417 | (2) Such injunctive relief may be temporary or permanent. |
| 418 | (3) If action is necessary to protect independent |
| 419 | diagnostic testing facility patients from life-threatening |
| 420 | situations, the court may allow a temporary injunction without |
| 421 | bond upon proper proof being made. If it appears by competent |
| 422 | evidence or a sworn, substantiated affidavit that a temporary |
| 423 | injunction should be issued, the court, pending the |
| 424 | determination on final hearing, shall enjoin operation of the |
| 425 | independent diagnostic testing facility. |
| 426 | 400.9979 Agency actions.--Administrative proceedings |
| 427 | challenging agency licensure enforcement action shall be |
| 428 | reviewed on the basis of the facts and conditions that resulted |
| 429 | in the agency action. |
| 430 | 400.9980 Agency administrative penalties.-- |
| 431 | (1) The agency may impose administrative penalties against |
| 432 | independent diagnostic testing facilities of up to $5,000 per |
| 433 | violation for violations of the requirements of this part. In |
| 434 | determining whether a penalty is to be imposed and in fixing the |
| 435 | amount of the fine, the agency shall consider the following |
| 436 | factors: |
| 437 | (a) The gravity of the violation, including the |
| 438 | probability that death or serious physical or emotional harm to |
| 439 | a patient will result or has resulted, the severity of the |
| 440 | action or potential harm, and the extent to which the provisions |
| 441 | of the applicable laws or rules were violated. |
| 442 | (b) Actions taken by the owner, medical director, or |
| 443 | independent diagnostic testing facility director to correct |
| 444 | violations. |
| 445 | (c) Any previous violations. |
| 446 | (d) The financial benefit to the independent diagnostic |
| 447 | testing facility of committing or continuing the violation. |
| 448 | (2) Each day of continuing violation after the date fixed |
| 449 | for termination of the violation, as ordered by the agency, |
| 450 | constitutes an additional, separate, and distinct violation. |
| 451 | (3) Any action taken to correct a violation shall be |
| 452 | documented in writing by the owner, medical director, or |
| 453 | independent diagnostic testing facility director and verified |
| 454 | through followup visits by agency personnel. The agency may |
| 455 | impose a fine and, in the case of an owner-operated independent |
| 456 | diagnostic testing facility, revoke or deny an independent |
| 457 | diagnostic testing facility's license when an independent |
| 458 | diagnostic testing facility medical director or independent |
| 459 | diagnostic testing facility director fraudulently misrepresents |
| 460 | actions taken to correct a violation. |
| 461 | (4) For fines that are upheld following administrative or |
| 462 | judicial review, the violator shall pay the fine, plus interest |
| 463 | at the rate as specified in s. 55.03, for each day beyond the |
| 464 | date set by the agency for payment of the fine. |
| 465 | (5) Any unlicensed independent diagnostic testing facility |
| 466 | that continues to operate after agency notification is subject |
| 467 | to a $1,000 fine per day. |
| 468 | (6) Any independent diagnostic testing facility whose |
| 469 | owner fails to apply for a change-of-ownership license in |
| 470 | accordance with s. 400.9974 and operates the independent |
| 471 | diagnostic testing facility under the new ownership is subject |
| 472 | to a fine of $5,000. |
| 473 | (7) The agency, as an alternative to or in conjunction |
| 474 | with an administrative action against an independent diagnostic |
| 475 | testing facility for violations of this part and adopted rules, |
| 476 | shall, prior to written notification, make a reasonable attempt |
| 477 | to discuss each violation and recommended corrective action with |
| 478 | the owner, director, or medical director of the independent |
| 479 | diagnostic testing facility. The agency, instead of fixing a |
| 480 | period within which the independent diagnostic testing facility |
| 481 | shall enter into compliance with standards, may request a plan |
| 482 | of corrective action from the independent diagnostic testing |
| 483 | facility which demonstrates a good faith effort to remedy each |
| 484 | violation by a specific date, subject to the approval of the |
| 485 | agency. |
| 486 | (8) Administrative fines paid by any independent |
| 487 | diagnostic testing facility under this section shall be |
| 488 | deposited into the Health Care Trust Fund. |
| 489 | Section 2. This act shall take effect July 1, 2004. |