Senate Bill sb2112c2

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    Florida Senate - 2006                    CS for CS for SB 2112

    By the Committees on Criminal Justice; and Banking and
    Insurance




    591-2319-06

  1                      A bill to be entitled

  2         An act relating to health care clinics;

  3         amending s. 400.990, F.S.; providing additional

  4         legislative findings; amending s. 400.9905,

  5         F.S.; redefining the term "clinic" for purposes

  6         of the Health Care Clinic Act to include

  7         certain additional providers; excluding certain

  8         facilities owned by publicly traded

  9         corporations; defining the terms "specialty

10         clinic," "infusion therapy," and "fraud";

11         amending s. 400.991, F.S.; requiring specialty

12         clinics to be subject to licensure

13         requirements; requiring additional persons to

14         be subject to background screening; revising

15         certain requirements for applying for licensure

16         as a health care clinic; creating additional

17         requirements for applying for licensure as a

18         specialty clinic; providing additional grounds

19         under which an applicant may be denied

20         licensure due to a finding of guilt for

21         committing a felony; providing grounds for the

22         denial of specialty clinic licensure; amending

23         s. 400.9915, F.S.; including specialty clinics

24         within clinic inspection requirements; amending

25         s. 400.992, F.S.; including specialty clinics

26         within requirements for license renewal,

27         transfer of ownership, and provisional

28         licensure; amending s. 400.9925, F.S.;

29         providing the agency with rulemaking authority

30         regarding specialty clinics; stating that the

31         licensure fee for a specialty clinic is

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 1         nonrefundable and may not exceed $2,000;

 2         amending s. 400.993, F.S.; including specialty

 3         clinics within provisions regarding unlicensed

 4         clinics; providing penalties for unlicensed

 5         operation of a specialty clinic; including

 6         specialty clinics within provisions regarding

 7         verification of licensure; amending s.

 8         400.9935, F.S.; including specialty clinics

 9         within provisions regarding clinic

10         responsibilities; revising the responsibilities

11         of the medical director and the clinical

12         director; requiring all persons providing

13         health care services to individuals in a clinic

14         to comply with the licensure laws and rules

15         under which that person is licensed; providing

16         for a certificate of exemption from licensure

17         as a clinic to expire within a specified

18         period; providing for renewal of the

19         certificate of exemption; revising the

20         application procedures for a certificate of

21         exemption; providing grounds for the denial,

22         withdrawal, or emergency suspension of a

23         certificate of exemption by the Agency for

24         Health Care Administration; providing that it

25         is a third-degree felony for an applicant to

26         submit fraudulent or material and misleading

27         information to the agency; requiring a

28         specialty clinic to file an audited report with

29         the agency no less frequently than annually;

30         requiring a specialty clinic to maintain

31         compliance with part XIII of ch. 400, F.S.;

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 1         requiring health care clinics and specialty

 2         clinics to display signs containing certain

 3         information relating to insurance fraud;

 4         authorizing compliance inspections by the

 5         Division of Insurance Fraud; requiring clinics

 6         to allow inspection access; amending s.

 7         400.994, F.S.; granting the agency authority to

 8         institute injunctive proceedings against a

 9         specialty clinic; amending s. 400.995, F.S.;

10         granting the agency authority to impose

11         administrative penalties against a specialty

12         clinic; creating s. 400.996, F.S.; creating a

13         process whereby the agency receives, documents,

14         and processes complaints about specialty

15         clinics; requiring the agency to request that

16         complaints regarding billing fraud by a

17         specialty clinic be made by sworn affidavit;

18         requiring the agency to refer to the Department

19         of Financial Services, Office of Fiscal

20         Integrity, any sworn affidavit asserting

21         billing fraud by a specialty clinic; requiring

22         the department to report findings regarding

23         billing fraud by a specialty clinic to the

24         agency; requiring the department to refer an

25         investigation to prosecutorial authorities and

26         provide investigative assistance under certain

27         circumstances; providing that it is a

28         first-degree misdemeanor to submit an affidavit

29         asserting billing fraud by a specialty clinic

30         which is without any factual basis; allowing

31         the department to conduct unannounced reviews,

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 1         investigations, analyses, and audits to

 2         investigate complaints of billing fraud by a

 3         specialty clinic; authorizing the department to

 4         enter upon the premises of a specialty clinic

 5         and immediately secure copies of certain

 6         documents; requiring a specialty clinic to

 7         allow full and immediate access to the premises

 8         and records of the clinic to a department

 9         officer or employee under s. 400.996, F.S.;

10         providing that failure to provide such access

11         is a ground for emergency suspension of the

12         license of the specialty clinic; permitting the

13         agency to assess a fee against a specialty

14         clinic equal to the cost of conducting a

15         review, investigation, analysis, or audit

16         performed by the agency or the department;

17         providing that all investigators designated by

18         the Chief Financial Officer to perform duties

19         under part XIII of ch. 400, F.S., and certified

20         under s. 943.1395, F.S., are law enforcement

21         officers of the state; amending s. 456.072,

22         F.S.; providing that intentionally placing

23         false information in an application for a

24         certificate of exemption from clinic licensure

25         constitutes grounds for which disciplinary

26         action may be taken; providing an effective

27         date.

28  

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

30  

31  

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 1         Section 1.  Section 400.990, Florida Statutes, is

 2  amended to read:

 3         400.990  Short title; legislative findings.--

 4         (1)  This part, consisting of ss. 400.990-400.996 ss.

 5  400.990-400.995, may be cited as the "Health Care Clinic Act."

 6         (2)  The Legislature finds that the regulation of

 7  health care clinics must be strengthened to prevent

 8  significant cost and harm to consumers.

 9         (3)  The Legislature further finds the additional

10  regulation of specialty health care clinics is necessary to

11  prevent significant fraudulent practices in the provision of

12  infusion therapy services in this state.

13         (4)  The purpose of this part is to provide for the

14  licensure, establishment, and enforcement of basic standards

15  for health care clinics and to provide administrative

16  oversight by the Agency for Health Care Administration.

17         Section 2.  Subsection (4) of section 400.9905, Florida

18  Statutes, is amended, and subsections (8), (9), and (10) are

19  added to that section, to read:

20         400.9905  Definitions.--

21         (4)  "Clinic" means an entity at which health care

22  services are provided to individuals and which tenders charges

23  for reimbursement for such services, including a mobile clinic

24  and a portable equipment provider. For purposes of this part,

25  the term does not include and the licensure requirements of

26  this part do not apply to:

27         (a)  Entities licensed or registered by the state under

28  chapter 395; or entities licensed or registered by the state

29  and providing only health care services within the scope of

30  services authorized under their respective licenses granted

31  under ss. 383.30-383.335, chapter 390, chapter 394, chapter

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 1  397, this chapter except part XIII, chapter 463, chapter 465,

 2  chapter 466, chapter 478, part I of chapter 483, chapter 484,

 3  or chapter 651; end-stage renal disease providers authorized

 4  under 42 C.F.R. part 405, subpart U; or providers certified

 5  under 42 C.F.R. part 485, subpart B or subpart H; or any

 6  entity that provides neonatal or pediatric hospital-based

 7  health care services by licensed practitioners solely within a

 8  hospital licensed under chapter 395.

 9         (b)  Entities that own, directly or indirectly,

10  entities licensed or registered by the state pursuant to

11  chapter 395; or entities that own, directly or indirectly,

12  entities licensed or registered by the state and providing

13  only health care services within the scope of services

14  authorized pursuant to their respective licenses granted under

15  ss. 383.30-383.335, chapter 390, chapter 394, chapter 397,

16  this chapter except part XIII, chapter 463, chapter 465,

17  chapter 466, chapter 478, part I of chapter 483, chapter 484,

18  chapter 651; end-stage renal disease providers authorized

19  under 42 C.F.R. part 405, subpart U; or providers certified

20  under 42 C.F.R. part 485, subpart B or subpart H; or any

21  entity that provides neonatal or pediatric hospital-based

22  health care services by licensed practitioners solely within a

23  hospital licensed under chapter 395.

24         (c)  Entities that are owned, directly or indirectly,

25  by an entity licensed or registered by the state pursuant to

26  chapter 395; or entities that are owned, directly or

27  indirectly, by an entity licensed or registered by the state

28  and providing only health care services within the scope of

29  services authorized pursuant to their respective licenses

30  granted under ss. 383.30-383.335, chapter 390, chapter 394,

31  chapter 397, this chapter except part XIII, chapter 463,

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 1  chapter 465, chapter 466, chapter 478, part I of chapter 483,

 2  chapter 484, or chapter 651; end-stage renal disease providers

 3  authorized under 42 C.F.R. part 405, subpart U; or providers

 4  certified under 42 C.F.R. part 485, subpart B or subpart H; or

 5  any entity that provides neonatal or pediatric hospital-based

 6  health care services by licensed practitioners solely within a

 7  hospital under chapter 395.

 8         (d)  Entities that are under common ownership, directly

 9  or indirectly, with an entity licensed or registered by the

10  state pursuant to chapter 395; or entities that are under

11  common ownership, directly or indirectly, with an entity

12  licensed or registered by the state and providing only health

13  care services within the scope of services authorized pursuant

14  to their respective licenses granted under ss. 383.30-383.335,

15  chapter 390, chapter 394, chapter 397, this chapter except

16  part XIII, chapter 463, chapter 465, chapter 466, chapter 478,

17  part I of chapter 483, chapter 484, or chapter 651; end-stage

18  renal disease providers authorized under 42 C.F.R. part 405,

19  subpart U; or providers certified under 42 C.F.R. part 485,

20  subpart B or subpart H; or any entity that provides neonatal

21  or pediatric hospital-based health care services by licensed

22  practitioners solely within a hospital licensed under chapter

23  395.

24         (e)  An entity that is exempt from federal taxation

25  under 26 U.S.C. s. 501(c)(3) or s. 501(c)(4), any community

26  college or university clinic, and any entity owned or operated

27  by the federal or state government, including agencies,

28  subdivisions, or municipalities thereof.

29         (f)  A sole proprietorship, group practice,

30  partnership, or corporation, or other legal entity that

31  provides health care services by licensed health care

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 1  practitioners licensed under chapter 458, chapter 459, chapter

 2  460, chapter 461, or chapter 466 physicians covered by s.

 3  627.419, that is directly supervised by one or more of such

 4  physicians, and that is wholly owned by one or more of those

 5  physicians or by a physician and the spouse, parent, child, or

 6  sibling of that physician.

 7         (g)  A sole proprietorship, group practice,

 8  partnership, or corporation, or other legal entity that

 9  provides health care services by licensed health care

10  practitioners under chapter 457, chapter 458, chapter 459,

11  chapter 460, chapter 461, chapter 462, chapter 463, chapter

12  466, chapter 467, chapter 480, chapter 484, chapter 486,

13  chapter 490, chapter 491, or part I, part III, part X, part

14  XIII, or part XIV of chapter 468, or s. 464.012, which

15  entities are wholly owned by one or more licensed health care

16  practitioners, or the licensed health care practitioners set

17  forth in this paragraph and the spouse, parent, child, or

18  sibling of a licensed health care practitioner, so long as one

19  of the owners who is a licensed health care practitioner is

20  supervising the health care services business activities and

21  is legally responsible for the entity's compliance with all

22  federal and state laws. However, a health care services

23  provided may not exceed the scope of the licensed owner's

24  health care practitioner may not supervise services beyond the

25  scope of the practitioner's license, except that, for the

26  purposes of this part, a clinic owned by a licensee in s.

27  456.053(3)(b) that provides only services authorized pursuant

28  to s. 456.053(3)(b) may be supervised by a licensee specified

29  in s. 456.053(3)(b).

30  

31  

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 1         (h)  Clinical facilities affiliated with an accredited

 2  medical school at which training is provided for medical

 3  students, residents, or fellows.

 4         (i)  Entities that provide only oncology or radiation

 5  therapy services by physicians licensed under chapter 458 or

 6  chapter 459 which are owned by a corporation whose shares are

 7  publicly traded on a registered stock exchange.

 8         (j)  Clinical facilities affiliated with a college of

 9  chiropractic accredited by the Council on Chiropractic

10  Education at which training is provided for chiropractic

11  students.

12         (k)  Clinical facilities that are wholly owned,

13  directly or indirectly, by a publicly traded corporation. As

14  used in this paragraph, a "publicly traded corporation" is a

15  corporation that issues securities traded on an exchange

16  registered with the United States Securities and Exchange

17  Commission as a national securities exchange.

18         (8)  "Specialty clinic" means a clinic not licensed as

19  a home health agency which provides infusion therapy services

20  either to outpatients who remain less than 24 hours at the

21  facility or to patients who receive such services where they

22  reside. The term does not include:

23         (a)  Entities licensed under part II, part III, or part

24  IV; or

25         (b)  Entities licensed under chapter 395.

26         (9)  "Infusion therapy" includes, but is not limited

27  to, the therapeutic infusion of substances into, or injection

28  of substances through, the venous peripheral system,

29  consisting of activity that includes: observing, initiating,

30  monitoring, discontinuing, maintaining, regulating, adjusting,

31  documenting, planning, intervening, and evaluating.  This

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 1  definition embraces administration of nutrition, antibiotic

 2  therapy, and fluid and electrolyte repletion.

 3         (10)  "Fraud" means deception or misrepresentation made

 4  by a person or business entity with the intent that the

 5  deception will likely result in an unauthorized benefit to

 6  herself or himself or to another person. The term includes any

 7  act that constitutes fraud under applicable federal or state

 8  law.

 9         Section 3.  Section 400.991, Florida Statutes, is

10  amended to read:

11         400.991  License requirements; background screenings;

12  prohibitions.--

13         (1)(a)  Each clinic and specialty clinic, as defined in

14  s. 400.9905, must be licensed and shall at all times maintain

15  a valid license with the agency. Each clinic and specialty

16  clinic location shall be licensed separately regardless of

17  whether the clinic or specialty clinic is operated under the

18  same business name or management as another clinic.

19         (b)  Each mobile clinic and specialty clinic must

20  obtain a separate health care clinic license and must provide

21  to the agency, at least quarterly, its projected street

22  location to enable the agency to locate and inspect such

23  clinic and specialty clinic. A portable equipment provider

24  must obtain a health care clinic license for a single

25  administrative office and is not required to submit quarterly

26  projected street locations.

27         (c)  A specialty clinic operating without a specialty

28  clinic license at the time of the effective date of this act

29  shall be given a reasonable time, not to exceed 6 months from

30  the effective date of this act, to obtain a specialty clinic

31  license.

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 1         (2)  The initial clinic license application shall be

 2  filed with the agency by all clinics, as defined in s.

 3  400.9905, on or before July 1, 2004. A clinic license and

 4  specialty clinic license must be renewed biennially.

 5         (3)  Applicants that submit an application on or before

 6  July 1, 2004, which meets all requirements for initial

 7  licensure as specified in this section shall receive a

 8  temporary license until the completion of an initial

 9  inspection verifying that the applicant meets all requirements

10  in rules authorized in s. 400.9925. However, a clinic engaged

11  in magnetic resonance imaging services may not receive a

12  temporary license unless it presents evidence satisfactory to

13  the agency that such clinic is making a good faith effort and

14  substantial progress in seeking accreditation required under

15  s. 400.9935.

16         (4)  Application for an initial clinic or specialty

17  clinic license or for renewal of an existing license shall be

18  notarized on forms furnished by the agency and must be

19  accompanied by the appropriate license fee as provided in s.

20  400.9925. The agency shall take final action on an initial

21  license application within 60 days after receipt of all

22  required documentation.

23         (5)(a)  The application shall contain information that

24  includes, but need not be limited to, information pertaining

25  to the name, residence and business address, phone number,

26  social security number, and license number of the medical or

27  clinic director, of the licensed medical providers employed or

28  under contract with the clinic, and of each person who,

29  directly or indirectly, owns or controls 5 percent or more of

30  an interest in the clinic, or general partners in limited

31  liability partnerships.

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 1         (b)  Any person or entity that has a pecuniary interest

 2  in a clinic who may or may not own stock or an equivalent

 3  interest in the clinic, but nonetheless has control over or

 4  the authority to approve, directly or indirectly, clinic

 5  billing, policy, business activities, or personnel decisions,

 6  including, but not limited to, contracted or employed

 7  third-party billing persons or entities, managers, and

 8  management companies, and persons and entities, directly or

 9  indirectly, which lend, give, or gift money of any

10  denomination or any thing of value exceeding an aggregate of

11  $5,000, for clinic use, with or without an expectation of a

12  return of the money or thing of value, and regardless of

13  profit motive, are subject to background screening

14  requirements under this part.

15         (c)  The agency may adopt rules to administer this

16  subsection.

17         (6)  An application for a specialty clinic shall

18  contain, in addition to the information required in subsection

19  (5):

20         (a)  The correct business name of each business entity

21  and full name of each individual holding any ownership

22  interest of 5 percent or more, or any pecuniary interest of

23  $5,000 or more, in any legal entity that owns or operates any

24  specialty clinic seeking licensure, whether such ownership or

25  pecuniary interest arose out of a contract, loan, gift,

26  investment, inheritance, or any other source. Individual

27  possession of an ownership or pecuniary interest in any

28  subject specialty clinic includes, but is not limited to, a

29  direct or indirect interest in:

30         1.  The business operation, equipment, or legend

31  pharmaceuticals used in the clinic;

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 1         2.  The premises in which the clinic provides its

 2  services; or

 3         3.  Any legal entity that owns any such interest,

 4  directly or indirectly, in the business operation of the

 5  clinic; the equipment used in providing infusion therapy

 6  services at the clinic; the legend pharmaceuticals used at the

 7  clinic; or the premises in which the clinic provides its

 8  services.

 9         (b)  In the case of an incorporated business entity

10  that holds any ownership interest of 5 percent or more, or any

11  pecuniary interest of $5,000 or more, in the specialty clinic,

12  copies of the articles of incorporation and bylaws, and the

13  names and addresses of all officers and directors of the

14  corporation.

15         (c)  On a form furnished by the agency, a sworn

16  notarized statement by each business entity and individual

17  that holds any ownership interest of 5 percent or more, or any

18  pecuniary interest of $5,000 or more, in the subject specialty

19  clinic which discloses the nature and degree of each such

20  ownership or pecuniary interest, and that discloses the source

21  of funds which gave rise to each such ownership or pecuniary

22  interest.

23         (d)  On a form furnished by the agency, a sworn

24  notarized statement by each individual and business entity

25  that holds any ownership interest of 5 percent or more, or any

26  pecuniary interest of $5,000 or more, in the subject specialty

27  clinic which discloses whether he or she has been an owner or

28  part owner, individually or through any business entity, of

29  any business entity whose health care license has been revoked

30  or suspended in any jurisdiction.

31  

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 1         (e)  On a form furnished by the agency, an estimate of

 2  the costs for establishing the specialty clinic and the source

 3  of funds for payment of those costs and for sustaining the

 4  operation of the clinic until its operation produces a

 5  positive cash flow.

 6  

 7  For purposes of this subsection, the term "ownership or

 8  pecuniary interest" does not include any individual whose

 9  interest in a specialty clinic arises only out of his or her

10  interest in a lending company, insurance company, or banking

11  institution licensed by this state or any other state of the

12  United States; a company regularly trading on a national stock

13  exchange of the United States; or a governmental entity in the

14  United States.

15         (7)(6)  The applicant must file with the application

16  satisfactory proof that the clinic or specialty clinic is in

17  compliance with this part and applicable rules, including:

18         (a)  A listing of services to be provided either

19  directly by the applicant or through contractual arrangements

20  with existing providers;

21         (b)  The number and discipline of each professional

22  staff member to be employed; and

23         (c)  Proof of financial ability to operate. An

24  applicant must demonstrate financial ability to operate a

25  clinic or specialty clinic by submitting a balance sheet and

26  an income and expense statement for the first year of

27  operation which provide evidence of the applicant's having

28  sufficient assets, credit, and projected revenues to cover

29  liabilities and expenses. The applicant shall have

30  demonstrated financial ability to operate if the applicant's

31  assets, credit, and projected revenues meet or exceed

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 1  projected liabilities and expenses. All documents required

 2  under this subsection must be prepared in accordance with

 3  generally accepted accounting principles, may be in a

 4  compilation form, and the financial statement must be signed

 5  by a certified public accountant. As an alternative to

 6  submitting a balance sheet and an income and expense statement

 7  for the first year of operation, the applicant may file a

 8  surety bond of at least $500,000 which guarantees that the

 9  clinic will act in full conformity with all legal requirements

10  for operating a clinic, payable to the agency. The agency may

11  adopt rules to specify related requirements for such surety

12  bond.

13         (8)(7)  Each applicant for licensure shall comply with

14  the following requirements:

15         (a)  As used in this subsection, the term "applicant"

16  means an individual individuals owning or controlling,

17  directly or indirectly, 5 percent or more of an interest in a

18  clinic or an individual owning or controlling, directly or

19  indirectly, any interest in a specialty clinic; the medical or

20  clinic director, or a similarly titled person who is

21  responsible for the day-to-day operation of the licensed

22  clinic; the financial officer or similarly titled individual

23  who is responsible for the financial operation of the clinic;

24  and licensed health care practitioners at the clinic.

25         (b)  Upon receipt of a completed, signed, and dated

26  application, the agency shall require background screening of

27  the applicant, in accordance with the level 2 standards for

28  screening set forth in paragraph (d) chapter 435. Proof of

29  compliance with the level 2 background screening requirements

30  of paragraph (d) chapter 435 which has been submitted within

31  the previous 5 years in compliance with the any other health

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 1  care clinic licensure requirements of this part state is

 2  acceptable in fulfillment of this paragraph. Applicants who

 3  own less than 10 percent of a health care clinic are not

 4  required to submit fingerprints under this section.

 5         (c)  Each applicant must submit to the agency, with the

 6  application, a description and explanation of any exclusions,

 7  permanent suspensions, or terminations of an applicant from

 8  the Medicare or Medicaid programs. Proof of compliance with

 9  the requirements for disclosure of ownership and control

10  interest under the Medicaid or Medicare programs may be

11  accepted in lieu of this submission. The description and

12  explanation may indicate whether such exclusions, suspensions,

13  or terminations were voluntary or not voluntary on the part of

14  the applicant. The agency may deny or revoke licensure based

15  on information received under this paragraph.

16         (d)  A license may not be granted to a clinic if the

17  applicant, or a person or entity identified in paragraph

18  (5)(b), has been found guilty of, regardless of adjudication,

19  or has entered a plea of nolo contendere or guilty to, any

20  offense prohibited under the level 2 standards for screening

21  set forth in chapter 435; any felony under chapter 400,

22  chapter 408, chapter 409, chapter 440, chapter 624, chapter

23  626, chapter 627, chapter 812, chapter 817, chapter 831,

24  chapter 837, chapter 838, chapter 895, or chapter 896; or any

25  substantially comparable offense or crime of another state or

26  of the United States, if a felony in that jurisdiction, within

27  the past 10 years. Each person required to provide background

28  screening shall disclose to the agency any arrest for any

29  crime for which any court disposition other than dismissal has

30  been made within the past 10 years. Failure to provide such

31  information shall be considered a material omission in the

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 1  application process., or a violation of insurance fraud under

 2  s. 817.234, within the past 5 years. If the applicant has been

 3  convicted of an offense prohibited under the level 2 standards

 4  or insurance fraud in any jurisdiction, the applicant must

 5  show that his or her civil rights have been restored prior to

 6  submitting an application.

 7         (e)  The agency may deny or revoke licensure or

 8  exemption if the applicant has falsely represented any

 9  material fact or omitted any material fact from the

10  application which is permitted or required by this part.

11         (f)  Each applicant that performs the technical

12  component of magnetic resonance imaging, static radiographs,

13  computed tomography, or positron emission tomography, and also

14  provides the professional components of such services through

15  an employee or independent contractor must provide to the

16  agency on a form provided by the agency, the name and address

17  of the clinic, the serial or operating number of each magnetic

18  resonance imaging, static radiograph, computed tomography, and

19  positron emission tomography machine, the name of the

20  manufacturer of the machine, and such other information as

21  required by the agency to identify the machine. The

22  information must be provided to the agency upon renewal of the

23  clinic's licensure and within 30 days after a clinic begins

24  using a machine for which it has not provided the information

25  to the agency.

26         (g)  The agency shall deny or revoke a specialty clinic

27  license if an applicant has been found guilty of, regardless

28  of adjudication, or entered a plea of nolo contendere or

29  guilty to, any felony involving dishonesty or making a false

30  statement in any jurisdiction within the preceding 10 years.

31  

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 1         (h)  The agency shall deny a specialty clinic license

 2  application when any business entity or individual possessing

 3  an ownership or pecuniary interest in the specialty clinic

 4  also possessed an ownership or pecuniary interest,

 5  individually or through any business entity, in any health

 6  care facility whose license was revoked in any jurisdiction

 7  during the pendency of that interest.

 8         (i)  The agency may not issue a specialty clinic

 9  license to any applicant to whom the agency has sent notice

10  that there is a pending question as to whether one or more of

11  the individuals with an ownership of 5 percent or more or with

12  a pecuniary interest of $5,000 or more in the clinic has a

13  disqualifying criminal record. The agency notice shall request

14  the applicant to submit any additional information necessary

15  to resolve the pending criminal background question within 21

16  days after receipt of the notice. The agency shall deny a

17  specialty clinic license application when the applicant has

18  failed to resolve a criminal background screening issue

19  pertaining to an individual who is required to meet criminal

20  background screening requirements of this part and the agency

21  raised such background screening issue by notice as set forth

22  in this part.

23         (9)(8)  Requested information omitted from an

24  application for licensure, license renewal, or transfer of

25  ownership must be filed with the agency within 21 days after

26  receipt of the agency's request for omitted information, or

27  the application shall be deemed incomplete and shall be

28  withdrawn from further consideration.

29         (10)(9)  The failure to file a timely renewal

30  application shall result in a late fee charged to the facility

31  in an amount equal to 50 percent of the current license fee.

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 1         Section 4.  Section 400.9915, Florida Statutes, is

 2  amended to read:

 3         400.9915  Clinic inspections; emergency suspension;

 4  costs.--

 5         (1)  Any authorized officer or employee of the agency

 6  shall make inspections of the clinic or specialty clinic as

 7  part of the initial license application or renewal

 8  application. The application for a clinic or specialty clinic

 9  license issued under this part or for a renewal license

10  constitutes permission for an appropriate agency inspection to

11  verify the information submitted on or in connection with the

12  application or renewal.

13         (2)  An authorized officer or employee of the agency

14  may make unannounced inspections of clinics and specialty

15  clinics licensed pursuant to this part as are necessary to

16  determine that the clinic or specialty clinic is in compliance

17  with this part and with applicable rules. A licensed clinic or

18  specialty clinic shall allow full and complete access to the

19  premises and to billing records or information to any

20  representative of the agency who makes an inspection to

21  determine compliance with this part and with applicable rules.

22         (3)  Failure by a clinic or specialty clinic licensed

23  under this part to allow full and complete access to the

24  premises and to billing records or information to any

25  representative of the agency who makes a request to inspect

26  the clinic or specialty clinic to determine compliance with

27  this part or failure by a clinic or specialty clinic to employ

28  a qualified medical director or clinic director constitutes a

29  ground for emergency suspension of the license by the agency

30  pursuant to s. 120.60(6).

31  

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 1         (4)  In addition to any administrative fines imposed,

 2  the agency may assess a fee equal to the cost of conducting a

 3  complaint investigation.

 4         Section 5.  Section 400.992, Florida Statutes, is

 5  amended to read:

 6         400.992  License renewal; transfer of ownership;

 7  provisional license.--

 8         (1)  An application for license renewal must contain

 9  information as required by the agency.

10         (2)  Ninety days before the expiration date, an

11  application for renewal must be submitted to the agency.

12         (3)  The clinic or specialty clinic must file with the

13  renewal application satisfactory proof that it is in

14  compliance with this part and applicable rules. If there is

15  evidence of financial instability, the clinic or specialty

16  clinic must submit satisfactory proof of its financial ability

17  to comply with the requirements of this part.

18         (4)  When transferring the ownership of a clinic or

19  specialty clinic, the transferee must submit an application

20  for a license at least 60 days before the effective date of

21  the transfer. An application for change of ownership of a

22  clinic or specialty clinic is required only when 45 percent or

23  more of the ownership, voting shares, or controlling interest

24  of a clinic or specialty clinic is transferred or assigned,

25  including the final transfer or assignment of multiple

26  transfers or assignments over a 2-year period that

27  cumulatively total 45 percent or greater.

28         (5)  The license may not be sold, leased, assigned, or

29  otherwise transferred, voluntarily or involuntarily, and is

30  valid only for the clinic or specialty clinic owners and

31  location for which originally issued.

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 1         (6)  A clinic or specialty clinic against whom a

 2  revocation or suspension proceeding is pending at the time of

 3  license renewal may be issued a provisional license effective

 4  until final disposition by the agency of such proceedings. If

 5  judicial relief is sought from the final disposition, the

 6  agency that has jurisdiction may issue a temporary permit for

 7  the duration of the judicial proceeding.

 8         Section 6.  Section 400.9925, Florida Statutes, is

 9  amended to read:

10         400.9925  Rulemaking authority; license fees.--

11         (1)  The agency shall adopt rules necessary to

12  administer the clinic and specialty clinic administration,

13  regulation, and licensure program, including rules

14  establishing the specific licensure requirements, procedures,

15  forms, and fees. It shall adopt rules establishing a procedure

16  for the biennial renewal of licenses. The agency may issue

17  initial licenses for less than the full 2-year period by

18  charging a prorated licensure fee and specifying a different

19  renewal date than would otherwise be required for biennial

20  licensure. The rules shall specify the expiration dates of

21  licenses, the process of tracking compliance with financial

22  responsibility requirements, and any other conditions of

23  renewal required by law or rule.

24         (2)  The agency shall adopt rules specifying

25  limitations on the number of licensed clinics and specialty

26  clinics and licensees for which a medical director or a clinic

27  director may assume responsibility for purposes of this part.

28  In determining the quality of supervision a medical director

29  or a clinic director can provide, the agency shall consider

30  the number of clinic or specialty clinic employees, the clinic

31  

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 1  or specialty clinic location, and the health care services

 2  provided by the clinic or specialty clinic.

 3         (3)  License application and renewal fees must be

 4  reasonably calculated by the agency to cover its costs in

 5  carrying out its responsibilities under this part, including

 6  the cost of licensure, inspection, and regulation of clinics

 7  and specialty clinics, and must be of such amount that the

 8  total fees collected do not exceed the cost of administering

 9  and enforcing compliance with this part. Clinic and specialty

10  clinic licensure fees are nonrefundable and may not exceed

11  $2,000. The agency shall adjust the license fee annually by

12  not more than the change in the Consumer Price Index based on

13  the 12 months immediately preceding the increase. All fees

14  collected under this part must be deposited in the Health Care

15  Trust Fund for the administration of this part.

16         Section 7.  Section 400.993, Florida Statutes, is

17  amended to read:

18         400.993  Unlicensed clinics; penalties; fines;

19  verification of licensure status.--

20         (1)  It is unlawful to own, operate, or maintain a

21  clinic or specialty clinic without obtaining a license under

22  this part.

23         (2)  Any person who owns, operates, or maintains an

24  unlicensed clinic or specialty clinic commits a felony of the

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

26  775.083, or s. 775.084. Each day of continued operation is a

27  separate offense.

28         (3)  Any person found guilty of violating subsection

29  (2) a second or subsequent time commits a felony of the second

30  degree, punishable as provided under s. 775.082, s. 775.083,

31  

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 1  or s. 775.084. Each day of continued operation is a separate

 2  offense.

 3         (4)  Any person who owns, operates, or maintains an

 4  unlicensed clinic or specialty clinic due to a change in this

 5  part or a modification in agency rules within 6 months after

 6  the effective date of such change or modification and who,

 7  within 10 working days after receiving notification from the

 8  agency, fails to cease operation or apply for a license under

 9  this part commits a felony of the third degree, punishable as

10  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

11  continued operation is a separate offense.

12         (5)  Any clinic or specialty clinic that fails to cease

13  operation after agency notification may be fined for each day

14  of noncompliance pursuant to this part.

15         (6)  When a person has an interest in more than one

16  clinic or specialty clinic, and fails to obtain a license for

17  any one of these clinics, the agency may revoke the license,

18  impose a moratorium, or impose a fine pursuant to this part on

19  any or all of the licensed clinics or specialty clinics until

20  such time as the unlicensed clinic or specialty clinic is

21  licensed or ceases operation.

22         (7)  Any person aware of the operation of an unlicensed

23  clinic or specialty clinic must report that facility to the

24  agency.

25         (8)  Any health care provider who is aware of the

26  operation of an unlicensed clinic or specialty clinic shall

27  report that facility to the agency. Failure to report a clinic

28  or specialty clinic that the provider knows or has reasonable

29  cause to suspect is unlicensed shall be reported to the

30  provider's licensing board.

31  

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 1         (9)  The agency may not issue a license to a clinic or

 2  specialty clinic that has any unpaid fines assessed under this

 3  part.

 4         Section 8.  Section 400.9935, Florida Statutes, is

 5  amended to read:

 6         400.9935  Clinic responsibilities.--

 7         (1)  Each clinic and specialty clinic shall appoint a

 8  medical director or clinic director who shall agree in writing

 9  to accept legal responsibility for the following activities on

10  behalf of the clinic. The medical director or the clinic

11  director shall:

12         (a)  Have signs identifying the medical director or

13  clinic director posted in a conspicuous location within the

14  clinic readily visible to all patients.

15         (b)  Ensure that all practitioners providing health

16  care services or supplies to patients maintain a current

17  active and unencumbered Florida license.

18         (c)  Review any patient referral contracts or

19  agreements executed by the clinic.

20         (d)  Ensure that all health care practitioners at the

21  clinic have active appropriate certification or licensure for

22  the level of care being provided.

23         (e)  Ensure that all health care practitioners at the

24  clinic provide health care services in accordance with the

25  requirements of subsection (6).

26         (f)(e)  Serve as the clinic records owner as defined in

27  s. 456.057.

28         (g)(f)  Ensure compliance with the recordkeeping,

29  office surgery, and adverse incident reporting requirements of

30  chapter 456, the respective practice acts, and rules adopted

31  under this part.

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 1         (h)(g)  Conduct systematic reviews of clinic billings

 2  to ensure that the billings are not fraudulent or unlawful.

 3  Upon discovery of an unlawful charge, the medical director or

 4  clinic director shall take immediate corrective action. If the

 5  clinic performs only the technical component of magnetic

 6  resonance imaging, static radiographs, computed tomography, or

 7  positron emission tomography, and provides the professional

 8  interpretation of such services, in a fixed facility that is

 9  accredited by the Joint Commission on Accreditation of

10  Healthcare Organizations or the Accreditation Association for

11  Ambulatory Health Care, and the American College of Radiology;

12  and if, in the preceding quarter, the percentage of scans

13  performed by that clinic which was billed to all personal

14  injury protection insurance carriers was less than 15 percent,

15  the chief financial officer of the clinic may, in a written

16  acknowledgment provided to the agency, assume the

17  responsibility for the conduct of the systematic reviews of

18  clinic billings to ensure that the billings are not fraudulent

19  or unlawful.

20         (i)  Serve in that capacity for no more than a maximum

21  of five health care clinics that have a cumulative total of no

22  more than 200 employees and persons under contract with the

23  health care clinic at a given time. A medical or clinic

24  director may not supervise a health care clinic more than 200

25  miles away from any other health care clinic supervised by the

26  same medical or clinic director. The agency may allow for

27  waivers to the limitations of this paragraph upon a showing of

28  good cause and a determination by the agency that the medical

29  director will be able to adequately perform the requirements

30  of this subsection.

31  

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 1         (2)  Any business that becomes a clinic or specialty

 2  clinic after commencing operations must, within 5 days after

 3  becoming a clinic or specialty clinic, file a license

 4  application under this part and shall be subject to all

 5  provisions of this part applicable to a clinic or specialty

 6  clinic.

 7         (3)  Any contract to serve as a medical director or a

 8  clinic director entered into or renewed by a physician or a

 9  licensed health care practitioner in violation of this part is

10  void as contrary to public policy. This subsection shall apply

11  to contracts entered into or renewed on or after March 1,

12  2004.

13         (4)  All charges or reimbursement claims made by or on

14  behalf of a clinic or specialty clinic that is required to be

15  licensed under this part, but that is not so licensed, or that

16  is otherwise operating in violation of this part, are unlawful

17  charges, and therefore are noncompensable and unenforceable.

18         (5)  Any person establishing, operating, or managing an

19  unlicensed clinic or specialty clinic otherwise required to be

20  licensed under this part, or any person who knowingly files a

21  false or misleading license application or license renewal

22  application, or false or misleading information related to

23  such application or department rule, commits a felony of the

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

25  775.083, or s. 775.084.

26         (6)  All persons providing health care services to

27  individuals must comply with the licensure laws and rules

28  under which that person is licensed to provide such services

29  or as otherwise provided by law.

30  

31  

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 1         (7)(6)  Any licensed health care provider who violates

 2  this part is subject to discipline in accordance with this

 3  chapter and his or her respective practice act.

 4         (8)(7)  The agency may fine, or suspend or revoke the

 5  license of, any clinic or specialty clinic licensed under this

 6  part for operating in violation of the requirements of this

 7  part or the rules adopted by the agency.

 8         (9)(8)  The agency shall investigate allegations of

 9  noncompliance with this part and the rules adopted under this

10  part.

11         (10)(9)  Any person or entity providing health care

12  services which is not a clinic or specialty clinic, as defined

13  under s. 400.9905, may voluntarily apply for a certificate of

14  exemption from licensure under its exempt status. Certificates

15  of exemption shall expire in 2 years and may be renewed. with

16  the agency on a form that sets forth its name or names and

17  addresses, a statement of the reasons why it cannot be defined

18  as a clinic, and other information deemed necessary by the

19  agency. An exemption is not transferable. The agency may

20  charge an applicant for a certificate of exemption in an

21  amount equal to $100 or the actual cost of processing the

22  certificate, whichever is less.

23         (a)  The agency shall provide a form that requires the

24  name or names and addresses, a statement of the reasons why

25  the applicant is exempt from licensure as a health care clinic

26  or specialty clinic, and other information deemed necessary by

27  the agency. The signature on an application for a certificate

28  of exemption must be notarized and signed by persons having

29  knowledge of the truth of its contents. An exemption is not

30  transferable and is valid only for the reasons, location,

31  persons, and entity set forth on the application form. A

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 1  person or entity claiming an exemption under this part or

 2  issued a current certificate of exemption must be exempt from

 3  the licensing provisions of this part at all times, or such

 4  claim or certificate shall be invalid from the date that such

 5  person or entity is not exempt.

 6         (b)  The agency shall charge an applicant for a

 7  certificate of exemption a fee of $100 to cover the cost of

 8  processing the certificate or the actual cost of processing

 9  the certificate, whichever is less.

10         (c)  An application for the renewal of a certificate of

11  exemption must be submitted to the agency prior to the

12  expiration of the certificate of exemption. The agency may

13  investigate any applicant, person, or entity claiming an

14  exemption for purposes of determining compliance when a

15  certificate of exemption is sought. Authorized personnel of

16  the agency shall have access to the premises of any

17  certificateholder, applicant, or specialty clinic for the sole

18  purpose of determining compliance with an exemption under this

19  part. The agency shall have access to all billings and records

20  indicated in s. 400.9915(2) and agency rules. The agency may

21  deny or withdraw a certificate of exemption when a person or

22  entity does not qualify under this part.

23         (d)  A certificate of exemption is considered withdrawn

24  when the agency determines that an exempt status cannot be

25  confirmed. The provisions applicable to the unlicensed

26  operation of a health care clinic or specialty clinic apply to

27  any health care provider that self-determines or claims an

28  exemption or that is issued a certificate of exemption if, in

29  fact, such clinic does not meet the exemption claimed.

30         (e)  Any person or entity that submits an application

31  for a certificate of exemption which contains fraudulent or

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 1  material and misleading information commits a felony of the

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

 3  775.083, or s. 775.084.

 4         (f)  A response to a request in writing for additional

 5  information or clarification must be filed with the agency no

 6  later than 21 days after receipt of the request or the

 7  application shall be denied.

 8         (g)  The agency shall grant or deny an application for

 9  a certificate of exemption in accordance with s. 120.60(1).

10         (h)  A person or entity that qualifies as a health care

11  clinic or specialty clinic and has been denied a certificate

12  of exemption must file an initial application and pay the fee.

13  A certificate of exemption is valid only when issued and

14  current.

15         (i)  The agency shall issue an emergency order of

16  suspension of a certificate of exemption when the agency finds

17  that the applicant has provided false or misleading material

18  information or omitted any material fact from the application

19  for a certificate of exemption which is permitted or required

20  by this part, or has submitted false or misleading information

21  to the agency when self-determining an exempt status and

22  materially misleading the agency as to such status.

23         (11)(10)  The clinic or specialty clinic shall display

24  its license in a conspicuous location within the clinic

25  readily visible to all patients.

26         (12)(11)(a)  Each clinic engaged in magnetic resonance

27  imaging services must be accredited by the Joint Commission on

28  Accreditation of Healthcare Organizations, the American

29  College of Radiology, or the Accreditation Association for

30  Ambulatory Health Care, within 1 year after licensure.

31  However, a clinic may request a single, 6-month extension if

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 1  it provides evidence to the agency establishing that, for good

 2  cause shown, such clinic can not be accredited within 1 year

 3  after licensure, and that such accreditation will be completed

 4  within the 6-month extension. After obtaining accreditation as

 5  required by this subsection, each such clinic must maintain

 6  accreditation as a condition of renewal of its license.

 7         (b)  The agency may deny the application or revoke the

 8  license of any entity formed for the purpose of avoiding

 9  compliance with the accreditation provisions of this

10  subsection and whose principals were previously principals of

11  an entity that was unable to meet the accreditation

12  requirements within the specified timeframes. The agency may

13  adopt rules as to the accreditation of magnetic resonance

14  imaging clinics.

15         (13)(12)  The agency shall give full faith and credit

16  pertaining to any past variance and waiver granted to a

17  magnetic resonance imaging clinic from rule 64-2002, Florida

18  Administrative Code, by the Department of Health, until

19  September 2004. After that date, such clinic must request a

20  variance and waiver from the agency under s. 120.542.

21         (14)  Every licensed specialty clinic shall file with

22  the agency no less frequently than annually, including

23  concurrently with the filing of any change of ownership

24  application, upon forms to be furnished by the agency, an

25  audited report showing the following information:

26         (a)  The number of patients served by the specialty

27  clinic during the previous 12-month period, which report may

28  exclude any partial month for the month when the report was

29  prepared;

30         (b)  Total specialty clinic operating expenses;

31  

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 1         (c)  Gross patient charges by payor category, including

 2  Medicare, Medicaid, county indigent programs, any other

 3  governmental programs, private insurance, self-paying

 4  patients, nonpaying patients and other payees;

 5         (d)  The cost of operation of the specialty clinic

 6  during the previous 12-month period, excluding any partial

 7  month during which time the report was prepared;

 8         (e)  Unless the specialty clinic can demonstrate that

 9  the clinic already has furnished the required information

10  regarding a particular subject individual, the full name of

11  any individual who became an owner or became possessed of any

12  pecuniary interest in the subject clinic since the last report

13  to the agency, along with the disclosure of the information

14  required by s. 400.9961(2) as to such individual; and

15         (f)  A current statement of the source of funds for

16  payment of the costs of establishing the specialty clinic and

17  for sustaining the operation of the specialty clinic until its

18  operation produces a positive cash flow.

19         (15)  Every licensee of a specialty clinic has a

20  continuing obligation to comply with this part and to report

21  to the agency any change of circumstance related to the

22  clinic's continuing compliance with this part. Such change of

23  circumstance includes, but is not limited to, any change in

24  the ownership of the specialty clinic, the addition of any

25  individual or business entity possessing a pecuniary interest

26  in the specialty clinic, the employment of any individual as a

27  member of the specialty clinic's staff who would be required

28  to undergo a criminal background screening if such individual

29  had been an employee at the time of the initial licensure, and

30  any change in the medical or clinic director. The clinic shall

31  furnish the information required about and of such individuals

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 1  under this part and s. 400.991 within 30 days of the

 2  occurrence of such change of circumstance.

 3         (16)  The clinic or specialty clinic shall display a

 4  sign in a conspicuous location within the clinic readily

 5  visible to all patients indicating that, pursuant to s.

 6  626.9892, the Department of Financial Services may pay rewards

 7  of up to $25,000 to persons providing information leading to

 8  the arrest and conviction of persons committing crimes

 9  investigated by the Division of Insurance Fraud arising from

10  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989,

11  or s. 817.234. An authorized employee of the Division of

12  Insurance Fraud may make unannounced inspections of a clinic

13  or specialty clinic licensed under this part as necessary to

14  determine whether the clinic is in compliance with this

15  subsection. A licensed clinic or specialty clinic shall allow

16  full and complete access to the premises to such authorized

17  employee of the division who makes an inspection to determine

18  compliance with this subsection.

19         Section 9.  Section 400.994, Florida Statutes, is

20  amended to read:

21         400.994  Injunctions.--

22         (1)  The agency may institute injunctive proceedings in

23  a court of competent jurisdiction in order to:

24         (a)  Enforce the provisions of this part or any minimum

25  standard, rule, or order issued or entered into pursuant to

26  this part if the attempt by the agency to correct a violation

27  through administrative fines has failed; if the violation

28  materially affects the health, safety, or welfare of clinic or

29  specialty clinic patients; or if the violation involves any

30  operation of an unlicensed clinic or specialty clinic.

31  

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 1         (b)  Terminate the operation of a clinic or specialty

 2  clinic if a violation of any provision of this part, or any

 3  rule adopted pursuant to this part, materially affects the

 4  health, safety, or welfare of clinic or specialty clinic

 5  patients.

 6         (2)  Such injunctive relief may be temporary or

 7  permanent.

 8         (3)  If action is necessary to protect clinic or

 9  specialty clinic patients from life-threatening situations,

10  the court may allow a temporary injunction without bond upon

11  proper proof being made. If it appears by competent evidence

12  or a sworn, substantiated affidavit that a temporary

13  injunction should issue, the court, pending the determination

14  on final hearing, shall enjoin operation of the clinic or

15  specialty clinic.

16         Section 10.  Section 400.995, Florida Statutes, is

17  amended to read:

18         400.995  Agency administrative penalties.--

19         (1)  The agency may deny the application for a license

20  renewal, revoke or suspend the license, and impose

21  administrative fines of up to $5,000 per violation for

22  violations of the requirements of this part or rules of the

23  agency. In determining if a penalty is to be imposed and in

24  fixing the amount of the fine, the agency shall consider the

25  following factors:

26         (a)  The gravity of the violation, including the

27  probability that death or serious physical or emotional harm

28  to a patient will result or has resulted, the severity of the

29  action or potential harm, and the extent to which the

30  provisions of the applicable laws or rules were violated.

31  

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 1         (b)  Actions taken by the owner, medical director, or

 2  clinic director to correct violations.

 3         (c)  Any previous violations.

 4         (d)  The financial benefit to the clinic or specialty

 5  clinic of committing or continuing the violation.

 6         (2)  Each day of continuing violation after the date

 7  fixed for termination of the violation, as ordered by the

 8  agency, constitutes an additional, separate, and distinct

 9  violation.

10         (3)  Any action taken to correct a violation shall be

11  documented in writing by the owner, medical director, or

12  clinic director of the clinic or specialty clinic and verified

13  through followup visits by agency personnel. The agency may

14  impose a fine and, in the case of an owner-operated clinic or

15  specialty clinic, revoke or deny a clinic's license when a

16  clinic medical director or clinic director knowingly

17  misrepresents actions taken to correct a violation.

18         (4)  For fines that are upheld following administrative

19  or judicial review, the violator shall pay the fine, plus

20  interest at the rate as specified in s. 55.03, for each day

21  beyond the date set by the agency for payment of the fine.

22         (5)  Any unlicensed clinic or specialty clinic that

23  continues to operate after agency notification is subject to a

24  $1,000 fine per day.

25         (6)  Any licensed clinic or specialty clinic whose

26  owner, medical director, or clinic director concurrently

27  operates an unlicensed clinic or specialty clinic shall be

28  subject to an administrative fine of $5,000 per day.

29         (7)  Any clinic or specialty clinic whose owner fails

30  to apply for a change-of-ownership license in accordance with

31  

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 1  s. 400.992 and operates the clinic or specialty clinic under

 2  the new ownership is subject to a fine of $5,000.

 3         (8)  The agency, as an alternative to or in conjunction

 4  with an administrative action against a clinic or specialty

 5  clinic for violations of this part and adopted rules, shall

 6  make a reasonable attempt to discuss each violation and

 7  recommended corrective action with the owner, medical

 8  director, or clinic director of the clinic or specialty

 9  clinic, prior to written notification. The agency, instead of

10  fixing a period within which the clinic or specialty clinic

11  shall enter into compliance with standards, may request a plan

12  of corrective action from the clinic or specialty clinic which

13  demonstrates a good faith effort to remedy each violation by a

14  specific date, subject to the approval of the agency.

15         (9)  Administrative fines paid by any clinic or

16  specialty clinic under this section shall be deposited into

17  the Health Care Trust Fund.

18         (10)  If the agency issues a notice of intent to deny a

19  license application after a temporary license has been issued

20  pursuant to s. 400.991(3), the temporary license shall expire

21  on the date of the notice and may not be extended during any

22  proceeding for administrative or judicial review pursuant to

23  chapter 120.

24         Section 11.  Section 400.996, Florida Statutes, is

25  created to read:

26         400.996  Specialty clinics; complaints; audits;

27  referrals.--

28         (1)  The agency shall receive, document, and process

29  complaints about specialty clinics. Upon receipt of any

30  complaint that asserts the existence of facts evidencing

31  possible billing fraud by a specialty clinic or by any

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 1  employee of a specialty clinic, the agency shall request the

 2  complainant to make such assertions by sworn affidavit.

 3         (2)  Upon receipt of any sworn affidavit that asserts

 4  the existence of facts evidencing possible billing fraud by a

 5  specialty clinic or any of its employees, the agency shall

 6  refer the complaint to the Office of Fiscal Integrity within

 7  the Department of Financial Services.

 8         (3)  The Department of Financial Services shall report

 9  findings to the agency for any appropriate licensure action.

10  Such report shall include a statement of facts as determined

11  by the Department of Financial Services to exist, specifically

12  with regard to the possible violations of licensure

13  requirements. If during an investigation the department has

14  reason to believe that any criminal law of this state has or

15  may have been violated, the department shall refer such

16  investigation to appropriate prosecutorial agencies and shall

17  provide investigative assistance to those agencies as

18  required.

19         (4)  The investigating authority and the agency shall

20  cooperate with each other with respect to preparing a record

21  and sharing information from which the agency may determine if

22  any action for sanctions under this part by the agency is

23  warranted.

24         (5)  Any person submitting a sworn complaint that

25  initiates a complaint investigation pursuant to this section,

26  which sworn complaint is determined to be totally without any

27  factual basis to support the assertions made in the complaint

28  that facts existed evidencing possible fraudulent practices by

29  a specialty clinic or any of its employees, shall be guilty of

30  a misdemeanor of the first degree, punishable as provided in

31  s. 775.082 or s. 775.083.

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 1         (6)  The Office of Fiscal Integrity within the

 2  Department of Financial Services shall conduct unannounced

 3  reviews, investigations, analyses, and audits to investigate

 4  complaints and, as necessary, to determine whether specialty

 5  clinic billings are fraudulent or unlawful. The Department of

 6  Financial Services is expressly authorized to enter upon the

 7  premises of the clinic during regular business hours and

 8  demand and immediately secure copies of billing and other

 9  records of the clinic that will enable the Department of

10  Financial Services to investigate complaints or determine

11  whether specialty clinic billings are fraudulent or unlawful.

12         (7)  A licensed specialty clinic shall allow full,

13  complete, and immediate access to the premises and to billing

14  records or information to any such officer or employee who

15  conducts a review, investigation, analysis, or audit to

16  determine compliance with this part and with applicable rules.

17  Failure to allow full, complete, and immediate access to the

18  premises and to billing records or information to any

19  representative of the agency or Department of Financial

20  Services who attempts to conduct a review, investigation,

21  analysis, or audit to determine compliance with this part

22  constitutes a ground for emergency suspension of the license

23  by the agency pursuant to s. 120.60(6).

24         (8)  In addition to any administrative fines imposed,

25  the agency may assess a fee equal to the cost of conducting

26  any review, investigation, analysis, or audit performed by the

27  agency or the department.

28         (9)  All investigators designated by the Chief

29  Financial Officer to perform duties under this part and who

30  are certified under s. 943.1395 are law enforcement officers

31  of the state. Such investigators have the authority to conduct

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 1  criminal investigations, bear arms, make arrests, and apply

 2  for, serve, and execute search warrants, arrest warrants,

 3  capias, and other process throughout the state pertaining to

 4  fraud investigations under this section.

 5         Section 12.  Paragraph (hh) is added to subsection (1)

 6  of section 456.072, Florida Statutes, to read:

 7         456.072  Grounds for discipline; penalties;

 8  enforcement.--

 9         (1)  The following acts shall constitute grounds for

10  which the disciplinary actions specified in subsection (2) may

11  be taken:

12         (hh)  Intentionally providing false information on an

13  application for a certificate of exemption from clinic

14  licensure under part XIII of chapter 400.

15         Section 13.  This act shall take effect January 1,

16  2007.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2112

 3                                 

 4  -    Provides for a legislative finding regarding additional
         regulation of specialty health care clinics, and defines
 5       the terms "specialty clinic," "infusion therapy," and
         "fraud."
 6  
    -    Requires that each specialty clinic be licensed and
 7       maintain a valid license with the Agency for Health Care
         Administration (AHCA or agency), that the clinic location
 8       be licensed separately regardless of whether the clinic
         is operated under the same business name or management as
 9       another clinic, and that the clinic obtain a separate
         health care clinic license and provide to the AHCA, at
10       least quarterly, its projected street location.

11  -    Provides that a specialty clinic operating without a
         specialty clinic license at the time of the effective
12       date of the bill must be given a reasonable time to
         obtain this license.
13  
    -    Requires biannual renewal of a specialty clinic license.
14  
    -    Requires notarization of an application for a specialty
15       clinic license or for renewal of an existing license on
         forms furnished by the AHCA and must be accompanied by a
16       specified license fee, and also specifies information
         that must be included in the application in addition to
17       information currently required under the Health Care
         Clinic Act.
18  
    -    Provides that the requirements for an applicant for
19       clinic licensure, including the background screening of
         the applicant, pertain to an individual owning or
20       controlling, directly or indirectly, any interest in a
         specialty clinic.
21  
    -    Requires the AHCA to deny or revoke a specialty clinic
22       license if: an applicant has been found guilty of,
         regardless of adjudication, or entered a plea of nolo
23       contendere or guilty to, a specified offense; or any
         business entity or individual possessing an ownership or
24       pecuniary interest in the specialty clinic also possessed
         an ownership or pecuniary interest, individually or
25       through any business entity, in any health care facility
         whose license was revoked in any jurisdiction during the
26       pendency of that interest.

27  -    Provides that the AHCA may not issue a specialty clinic
         license to any applicant to whom the agency has sent
28       notice that there is a pending question as to whether one
         or more of the individuals with an ownership of 5 percent
29       or more or with a pecuniary interest of $5,000 or more in
         the clinic has a disqualifying criminal record.
30  
    -    Requires the AHCA to deny a specialty clinic license
31       application when the applicant has failed to resolve a
         criminal background screening issue.
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 1  -    Provides that specialty clinics will be subject to
         requirements applicable to health care clinics regarding
 2       AHCA inspections as part of the initial license
         application or renewal application and unannounced AHCA
 3       inspections to determine compliance with licensure laws
         and rules, and provides for emergency suspension of the
 4       clinic's license when it does not allow the AHCA access
         to the clinic premises and billing or other specified
 5       records as part of an inspection or the clinic fails to
         employ a qualified medical director.
 6  
    -    Provides that specialty clinics are also subject to
 7       provisions requiring the filing of satisfactory proof of
         compliance with licensure laws and rules and financial
 8       ability to comply; specifying what is necessary for an
         application for transfer or change of ownership;
 9       restricting the selling, leasing, assignment, or
         otherwise, transfer of a license and limiting its
10       validity to the clinic owners and location for which
         originally issued; and directing when a provisional
11       license or temporary permit may be issued.

12  -    Authorizing the AHCA to enact rules relevant to: the
         administration of the clinic administration, regulation,
13       and licensure program, including specific licensure
         requirements, procedures, forms, and fees; limitations on
14       the number of licensed clinics and licensees; and other
         matters.
15  
    -    Provides that it is a third degree felony for any person
16       to own, operate, or maintain a specialty clinic without
         obtaining a license, and a second or subsequent violation
17       is a second degree felony, and also provides for other
         third degree felony penalties relating to unlawful acts
18       involving a specialty clinic and fines, revocations of
         licenses, and other sanctions regarding non-compliance
19       with certain requirements relating to specialty clinics.

20  -    Requires the medical or clinic director of a specialty
         clinic to ensure that all health care practitioners at
21       the clinic provide health care services in accordance
         with law.
22  
    -    Requires any business that becomes a specialty clinic
23       after commencing operations, within 5 days after becoming
         a specialty clinic, to file a license application, and
24       provide the clinic is subject to all provisions of law
         applicable to a specialty clinic.
25  
    -    Provides that all charges or reimbursement claims made by
26       or on behalf of a specialty clinic that is required to be
         licensed, but that is not so licensed, or that is
27       otherwise operating in violation of the law, are unlawful
         charges, and therefore are noncompensable and
28       unenforceable.

29  -    Provides that any person establishing, operating, or
         managing an unlicensed specialty clinic otherwise
30       required to be licensed, or any person who knowingly
         files a false or misleading license application or
31       license renewal application, or false or misleading
         information relating to such application or department
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 1       rule, commits a third degree felony.

 2  -    Provides that the AHCA may fine, or suspend or revoke the
         license of, any licensed specialty clinic for operating
 3       in violation of the law.

 4  -    Provides that any person or entity providing health care
         services which is not a specialty clinic may apply for a
 5       certificate of exemption from licensure under its exempt
         status, and that a certificate of exemption expires in 2
 6       years and may be renewed.

 7  -    Requires the AHCA to provide a form and require certain
         information of an applicant for exemption from licensure
 8       as a specialty clinic, and requires a person or entity
         that qualifies as a specialty clinic and has been denied
 9       a certificate of exemption to file an initial application
         and pay a fee.
10  
    -    Requires a specialty clinic to display its license in a
11       conspicuous location within the clinic readily visible to
         all patients, and also display an antifraud sign as
12       specified.

13  -    Requires each licensed specialty clinic to file with the
         AHCA an audited report showing specified information.
14  
    -    Authorizes the AHCA to institute injunctive proceedings
15       in a court of competent jurisdiction if a violation of
         the provisions of the Health Care Clinic Act or any
16       minimum standard, rule, or order issued or entered into
         pursuant to the Act materially affects the health,
17       safety, or welfare of specialty clinic patients or if the
         violation involves any operation of an unlicensed
18       specialty clinic, and also to terminate the operation of
         a specialty clinic based on such violation.
19  
    -    Provides that if action is necessary to protect specialty
20       clinic patients from life-threatening situations, the
         court may allow a temporary injunction without bond upon
21       proper proof being made.

22  -    Provides, in regard to administrative penalties the AHCA
         is authorized to impose for a violation, that the AHCA
23       must consider the financial benefit to the specialty
         clinic of committing or continuing the violation.
24  
    -    Provides that an action taken to correct a violation must
25       be documented in writing by the owner, medical director,
         or clinic director of the specialty clinic and verified
26       through follow-up visits by AHCA personnel.

27  -    Authorizes the AHCA to impose a fine and, in the case of
         an owner-operated specialty clinic, revoke or deny a
28       clinic's license, when a clinic medical director or
         clinic director knowingly misrepresents actions taken to
29       correct a violation, and also impose an administrative
         fine on an unlicensed specialty clinic that continues to
30       operate after AHCA notification and on any specialty
         clinic whose owner fails to apply for a
31       change-of-ownership license and operates the clinic under
         the new ownership.
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 1  -    Provides that the AHCA, as an alternative to or in
         conjunction with an administrative action against a
 2       specialty clinic for violations, must make a reasonable
         attempt to discuss each violation and recommended
 3       corrective action with the owner, medical director, or
         clinic director of the specialty clinic, prior to written
 4       notification, and that the AHCA may request a plan of
         corrective action as specified.
 5  
    -    Provides that certain administrative fines imposed on a
 6       specialty clinic be deposited into the Health Care Trust
         Fund.
 7  
    -    Requires the AHCA to receive, document, and process
 8       complaints about specialty clinics and complaints to the
         Office of Fiscal Integrity (OIF) of the Division of
 9       Insurance Fraud (DIF) upon receipt of any sworn affidavit
         that asserts the existence of facts evidencing possible
10       billing fraud, and requires the DIF to report findings to
         the AHCA for any appropriate licensure action and refer
11       possible criminal law violations to appropriate
         prosecutorial agencies and provide investigative
12       assistance to those agencies as required.

13  -    Provides that any person submitting a sworn complaint
         that is determined to be totally without factual basis
14       commits a first degree misdemeanor.

15  -    Requires the OIF to conduct unannounced reviews,
         investigations, analyses, and audits to investigate
16       complaints and to determine whether specialty clinic
         billings are fraudulent or unlawful, and authorizes the
17       DIF to enter upon the premises of the clinic during
         regular business hours and demand and immediately secure
18       copies of billing and other records of the clinic that
         will enable it to investigate complaints or determine
19       fraud or unlawful actions.

20  -    Provides that a licensed specialty clinic must allow
         access to the premises and to billing records or other
21       information to determine compliance with laws, and
         provides sanctions for failure to allow such access.
22  
    -    Provides that all investigators who are designated by the
23       Chief Financial Officer to perform duties under the
         Health Care Clinic Act and who are certified law
24       enforcement officers are law enforcement officers of the
         state authorized to conduct criminal investigations, bear
25       arms, make arrests, and apply for, serve, and execute
         search warrants, arrest warrants, capias, and other
26       process throughout the state pertaining to fraud
         investigations as provided.
27  

28  

29  

30  

31  

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