Senate Bill sb2112c3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
By the Committees on Health and Human Services Appropriations;
Criminal Justice; and Banking and Insurance
603-2418-06
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
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; requiring
16 a specialty clinic to file an audited report
17 with the agency no less frequently than
18 annually; requiring a specialty clinic to
19 maintain compliance with part XIII of ch. 400,
20 F.S.; requiring health care clinics and
21 specialty clinics to display signs containing
22 certain information relating to insurance
23 fraud; authorizing compliance inspections by
24 the Division of Insurance Fraud; requiring
25 clinics to allow inspection access; amending s.
26 400.994, F.S.; granting the agency authority to
27 institute injunctive proceedings against a
28 specialty clinic; amending s. 400.995, F.S.;
29 granting the agency authority to impose
30 administrative penalties against a specialty
31 clinic; creating s. 400.996, F.S.; creating a
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 process whereby the agency receives, documents,
2 and processes complaints about specialty
3 clinics; requiring the agency to request that
4 complaints regarding billing fraud by a
5 specialty clinic be made by sworn affidavit;
6 requiring the agency to refer to the Department
7 of Financial Services, Office of Fiscal
8 Integrity, any sworn affidavit asserting
9 billing fraud by a specialty clinic; requiring
10 the department to report findings regarding
11 billing fraud by a specialty clinic to the
12 agency; requiring the department to refer an
13 investigation to prosecutorial authorities and
14 provide investigative assistance under certain
15 circumstances; providing that it is a
16 first-degree misdemeanor to submit an affidavit
17 asserting billing fraud by a specialty clinic
18 which is without any factual basis; allowing
19 the department to conduct unannounced reviews,
20 investigations, analyses, and audits to
21 investigate complaints of billing fraud by a
22 specialty clinic; authorizing the department to
23 enter upon the premises of a specialty clinic
24 and immediately secure copies of certain
25 documents; requiring a specialty clinic to
26 allow full and immediate access to the premises
27 and records of the clinic to a department
28 officer or employee under s. 400.996, F.S.;
29 providing that failure to provide such access
30 is a ground for emergency suspension of the
31 license of the specialty clinic; permitting the
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 agency to assess a fee against a specialty
2 clinic equal to the cost of conducting a
3 review, investigation, analysis, or audit
4 performed by the agency or the department;
5 providing that all investigators designated by
6 the Chief Financial Officer to perform duties
7 under part XIII of ch. 400, F.S., and certified
8 under s. 943.1395, F.S., are law enforcement
9 officers of the state; amending s. 456.072,
10 F.S.; providing that intentionally placing
11 false information in an application for a
12 certificate of exemption from clinic licensure
13 constitutes grounds for which disciplinary
14 action may be taken; designating the Florida
15 Center for Nursing as the "Florida Barbara B.
16 Lumpkin Center for Nursing"; directing the
17 Department of Health to erect suitable markers;
18 providing an appropriation; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 400.990, Florida Statutes, is
24 amended to read:
25 400.990 Short title; legislative findings.--
26 (1) This part, consisting of ss. 400.990-400.996 ss.
27 400.990-400.995, may be cited as the "Health Care Clinic Act."
28 (2) The Legislature finds that the regulation of
29 health care clinics must be strengthened to prevent
30 significant cost and harm to consumers.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (3) The Legislature further finds the additional
2 regulation of specialty health care clinics is necessary to
3 prevent significant fraudulent practices in the provision of
4 infusion therapy services in this state.
5 (4) The purpose of this part is to provide for the
6 licensure, establishment, and enforcement of basic standards
7 for health care clinics and to provide administrative
8 oversight by the Agency for Health Care Administration.
9 Section 2. Subsection (4) of section 400.9905, Florida
10 Statutes, is amended, and subsections (8), (9), and (10) are
11 added to that section, to read:
12 400.9905 Definitions.--
13 (4) "Clinic" means an entity at which health care
14 services are provided to individuals and which tenders charges
15 for reimbursement for such services, including a mobile clinic
16 and a portable equipment provider. For purposes of this part,
17 the term does not include and the licensure requirements of
18 this part do not apply to:
19 (a) Entities licensed or registered by the state under
20 chapter 395; or entities licensed or registered by the state
21 and providing only health care services within the scope of
22 services authorized under their respective licenses granted
23 under ss. 383.30-383.335, chapter 390, chapter 394, chapter
24 397, this chapter except part XIII, chapter 463, chapter 465,
25 chapter 466, chapter 478, part I of chapter 483, chapter 484,
26 or chapter 651; end-stage renal disease providers authorized
27 under 42 C.F.R. part 405, subpart U; or providers certified
28 under 42 C.F.R. part 485, subpart B or subpart H; or any
29 entity that provides neonatal or pediatric hospital-based
30 health care services by licensed practitioners solely within a
31 hospital licensed under chapter 395.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (b) Entities that own, directly or indirectly,
2 entities licensed or registered by the state pursuant to
3 chapter 395; or entities that own, directly or indirectly,
4 entities licensed or registered by the state and providing
5 only health care services within the scope of services
6 authorized pursuant to their respective licenses granted under
7 ss. 383.30-383.335, chapter 390, chapter 394, chapter 397,
8 this chapter except part XIII, chapter 463, chapter 465,
9 chapter 466, chapter 478, part I of chapter 483, chapter 484,
10 chapter 651; end-stage renal disease providers authorized
11 under 42 C.F.R. part 405, subpart U; or providers certified
12 under 42 C.F.R. part 485, subpart B or subpart H; or any
13 entity that provides neonatal or pediatric hospital-based
14 health care services by licensed practitioners solely within a
15 hospital licensed under chapter 395.
16 (c) Entities that are owned, directly or indirectly,
17 by an entity licensed or registered by the state pursuant to
18 chapter 395; or entities that are owned, directly or
19 indirectly, by an entity licensed or registered by the state
20 and providing only health care services within the scope of
21 services authorized pursuant to their respective licenses
22 granted under ss. 383.30-383.335, chapter 390, chapter 394,
23 chapter 397, this chapter except part XIII, chapter 463,
24 chapter 465, chapter 466, chapter 478, part I of chapter 483,
25 chapter 484, or chapter 651; end-stage renal disease providers
26 authorized under 42 C.F.R. part 405, subpart U; or providers
27 certified under 42 C.F.R. part 485, subpart B or subpart H; or
28 any entity that provides neonatal or pediatric hospital-based
29 health care services by licensed practitioners solely within a
30 hospital under chapter 395.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (d) Entities that are under common ownership, directly
2 or indirectly, with an entity licensed or registered by the
3 state pursuant to chapter 395; or entities that are under
4 common ownership, directly or indirectly, with an entity
5 licensed or registered by the state and providing only health
6 care services within the scope of services authorized pursuant
7 to their respective licenses granted under ss. 383.30-383.335,
8 chapter 390, chapter 394, chapter 397, this chapter except
9 part XIII, chapter 463, chapter 465, chapter 466, chapter 478,
10 part I of chapter 483, chapter 484, or chapter 651; end-stage
11 renal disease providers authorized under 42 C.F.R. part 405,
12 subpart U; or providers certified under 42 C.F.R. part 485,
13 subpart B or subpart H; or any entity that provides neonatal
14 or pediatric hospital-based health care services by licensed
15 practitioners solely within a hospital licensed under chapter
16 395.
17 (e) An entity that is exempt from federal taxation
18 under 26 U.S.C. s. 501(c)(3) or s. 501(c)(4), any community
19 college or university clinic, and any entity owned or operated
20 by the federal or state government, including agencies,
21 subdivisions, or municipalities thereof.
22 (f) A sole proprietorship, group practice,
23 partnership, or corporation, or other legal entity that
24 provides health care services by physicians and physician
25 assistants licensed under chapter 458, chapter 460, chapter
26 461, or chapter 466 physicians covered by s. 627.419, that is
27 directly supervised by one or more of such physician
28 assistants or physicians, and that is wholly owned by one or
29 more of those physician assistants or physicians or by a
30 physician assistant or physician and the spouse, parent,
31 child, or sibling of physician assistant or that physician.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (g) A sole proprietorship, group practice,
2 partnership, or corporation, or other legal entity that
3 provides health care services by licensed health care
4 practitioners under chapter 457, chapter 458, chapter 459,
5 chapter 460, chapter 461, chapter 462, chapter 463, chapter
6 466, chapter 467, chapter 480, chapter 484, chapter 486,
7 chapter 490, chapter 491, or part I, part III, part X, part
8 XIII, or part XIV of chapter 468, or s. 464.012, which
9 entities are wholly owned by one or more licensed health care
10 practitioners, or the licensed health care practitioners set
11 forth in this paragraph and the spouse, parent, child, or
12 sibling of a licensed health care practitioner, so long as one
13 of the owners who is a licensed health care practitioner is
14 supervising the health care services business activities and
15 is legally responsible for the entity's compliance with all
16 federal and state laws. However, a health care services
17 provided may not exceed the scope of the licensed owner's
18 health care practitioner may not supervise services beyond the
19 scope of the practitioner's license, except that, for the
20 purposes of this part, a clinic owned by a licensee in s.
21 456.053(3)(b) that provides only services authorized pursuant
22 to s. 456.053(3)(b) may be supervised by a licensee specified
23 in s. 456.053(3)(b).
24 (h) Clinical facilities affiliated with an accredited
25 medical school at which training is provided for medical
26 students, residents, or fellows.
27 (i) Entities that provide only oncology or radiation
28 therapy services by physicians licensed under chapter 458 or
29 chapter 459 which are owned by a corporation whose shares are
30 publicly traded on a registered stock exchange.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (j) Clinical facilities affiliated with a college of
2 chiropractic accredited by the Council on Chiropractic
3 Education at which training is provided for chiropractic
4 students.
5 (k) Clinical facilities that are wholly owned,
6 directly or indirectly, by a publicly traded corporation. As
7 used in this paragraph, a "publicly traded corporation" is a
8 corporation that issues securities traded on an exchange
9 registered with the United States Securities and Exchange
10 Commission as a national securities exchange.
11 (8) "Specialty clinic" means a clinic not licensed as
12 a home health agency which provides infusion therapy services
13 either to outpatients who remain less than 24 hours at the
14 facility or to patients who receive such services where they
15 reside. The term does not include:
16 (a) Entities licensed under part II, part III, or part
17 IV; or
18 (b) Entities licensed under chapter 395.
19 (9) "Infusion therapy" includes, but is not limited
20 to, the therapeutic infusion of substances into, or injection
21 of substances through, the venous peripheral system,
22 consisting of activity that includes: observing, initiating,
23 monitoring, discontinuing, maintaining, regulating, adjusting,
24 documenting, planning, intervening, and evaluating. This
25 definition embraces administration of nutrition, antibiotic
26 therapy, and fluid and electrolyte repletion.
27 (10) "Fraud" means deception or misrepresentation made
28 by a person or business entity with the intent that the
29 deception will likely result in an unauthorized benefit to
30 herself or himself or to another person. The term includes any
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 act that constitutes fraud under applicable federal or state
2 law.
3 Section 3. Section 400.991, Florida Statutes, is
4 amended to read:
5 400.991 License requirements; background screenings;
6 prohibitions.--
7 (1)(a) Each clinic and specialty clinic, as defined in
8 s. 400.9905, must be licensed and shall at all times maintain
9 a valid license with the agency. Each clinic and specialty
10 clinic location shall be licensed separately regardless of
11 whether the clinic or specialty clinic is operated under the
12 same business name or management as another clinic.
13 (b) Each mobile clinic and specialty clinic must
14 obtain a separate health care clinic license and must provide
15 to the agency, at least quarterly, its projected street
16 location to enable the agency to locate and inspect such
17 clinic and specialty clinic. A portable equipment provider
18 must obtain a health care clinic license for a single
19 administrative office and is not required to submit quarterly
20 projected street locations.
21 (c) A specialty clinic operating without a specialty
22 clinic license at the time of the effective date of this act
23 shall be given a reasonable time, not to exceed 6 months from
24 the effective date of this act, to obtain a specialty clinic
25 license.
26 (2) The initial clinic license application shall be
27 filed with the agency by all clinics, as defined in s.
28 400.9905, on or before July 1, 2004. A clinic license and
29 specialty clinic license must be renewed biennially.
30 (3) Applicants that submit an application on or before
31 July 1, 2004, which meets all requirements for initial
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 licensure as specified in this section shall receive a
2 temporary license until the completion of an initial
3 inspection verifying that the applicant meets all requirements
4 in rules authorized in s. 400.9925. However, a clinic engaged
5 in magnetic resonance imaging services may not receive a
6 temporary license unless it presents evidence satisfactory to
7 the agency that such clinic is making a good faith effort and
8 substantial progress in seeking accreditation required under
9 s. 400.9935.
10 (4) Application for an initial clinic or specialty
11 clinic license or for renewal of an existing license shall be
12 notarized on forms furnished by the agency and must be
13 accompanied by the appropriate license fee as provided in s.
14 400.9925. The agency shall take final action on an initial
15 license application within 60 days after receipt of all
16 required documentation.
17 (5)(a) The application shall contain information that
18 includes, but need not be limited to, information pertaining
19 to the name, residence and business address, phone number,
20 social security number, and license number of the medical or
21 clinic director, of the licensed medical providers employed or
22 under contract with the clinic, and of each person who,
23 directly or indirectly, owns or controls 5 percent or more of
24 an interest in the clinic, or general partners in limited
25 liability partnerships.
26 (b) Any person or entity that has a pecuniary interest
27 in a clinic who may or may not own stock or an equivalent
28 interest in the clinic, but nonetheless has control over or
29 the authority to approve, directly or indirectly, clinic
30 billing, policy, business activities, or personnel decisions,
31 including, but not limited to, contracted or employed
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 third-party billing persons or entities, managers, and
2 management companies, and persons and entities, directly or
3 indirectly, which lend, give, or gift money of any
4 denomination or any thing of value exceeding an aggregate of
5 $5,000, for clinic use, with or without an expectation of a
6 return of the money or thing of value, and regardless of
7 profit motive, are subject to background screening
8 requirements under this part.
9 (c) The agency may adopt rules to administer this
10 subsection.
11 (6) An application for a specialty clinic shall
12 contain, in addition to the information required in subsection
13 (5):
14 (a) The correct business name of each business entity
15 and full name of each individual holding any ownership
16 interest of 5 percent or more, or any pecuniary interest of
17 $5,000 or more, in any legal entity that owns or operates any
18 specialty clinic seeking licensure, whether such ownership or
19 pecuniary interest arose out of a contract, loan, gift,
20 investment, inheritance, or any other source. Individual
21 possession of an ownership or pecuniary interest in any
22 subject specialty clinic includes, but is not limited to, a
23 direct or indirect interest in:
24 1. The business operation, equipment, or legend
25 pharmaceuticals used in the clinic;
26 2. The premises in which the clinic provides its
27 services; or
28 3. Any legal entity that owns any such interest,
29 directly or indirectly, in the business operation of the
30 clinic; the equipment used in providing infusion therapy
31 services at the clinic; the legend pharmaceuticals used at the
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 clinic; or the premises in which the clinic provides its
2 services.
3 (b) In the case of an incorporated business entity
4 that holds any ownership interest of 5 percent or more, or any
5 pecuniary interest of $5,000 or more, in the specialty clinic,
6 copies of the articles of incorporation and bylaws, and the
7 names and addresses of all officers and directors of the
8 corporation.
9 (c) On a form furnished by the agency, a sworn
10 notarized statement by each business entity and individual
11 that holds any ownership interest of 5 percent or more, or any
12 pecuniary interest of $5,000 or more, in the subject specialty
13 clinic which discloses the nature and degree of each such
14 ownership or pecuniary interest, and that discloses the source
15 of funds which gave rise to each such ownership or pecuniary
16 interest.
17 (d) On a form furnished by the agency, a sworn
18 notarized statement by each individual and business entity
19 that holds any ownership interest of 5 percent or more, or any
20 pecuniary interest of $5,000 or more, in the subject specialty
21 clinic which discloses whether he or she has been an owner or
22 part owner, individually or through any business entity, of
23 any business entity whose health care license has been revoked
24 or suspended in any jurisdiction.
25 (e) On a form furnished by the agency, an estimate of
26 the costs for establishing the specialty clinic and the source
27 of funds for payment of those costs and for sustaining the
28 operation of the clinic until its operation produces a
29 positive cash flow.
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 For purposes of this subsection, the term "ownership or
2 pecuniary interest" does not include any individual whose
3 interest in a specialty clinic arises only out of his or her
4 interest in a lending company, insurance company, or banking
5 institution licensed by this state or any other state of the
6 United States; a company regularly trading on a national stock
7 exchange of the United States; or a governmental entity in the
8 United States.
9 (7)(6) The applicant must file with the application
10 satisfactory proof that the clinic or specialty clinic is in
11 compliance with this part and applicable rules, including:
12 (a) A listing of services to be provided either
13 directly by the applicant or through contractual arrangements
14 with existing providers;
15 (b) The number and discipline of each professional
16 staff member to be employed; and
17 (c) Proof of financial ability to operate. An
18 applicant must demonstrate financial ability to operate a
19 clinic or specialty clinic by submitting a balance sheet and
20 an income and expense statement for the first year of
21 operation which provide evidence of the applicant's having
22 sufficient assets, credit, and projected revenues to cover
23 liabilities and expenses. The applicant shall have
24 demonstrated financial ability to operate if the applicant's
25 assets, credit, and projected revenues meet or exceed
26 projected liabilities and expenses. All documents required
27 under this subsection must be prepared in accordance with
28 generally accepted accounting principles, may be in a
29 compilation form, and the financial statement must be signed
30 by a certified public accountant. As an alternative to
31 submitting a balance sheet and an income and expense statement
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 for the first year of operation, the applicant may file a
2 surety bond of at least $500,000 which guarantees that the
3 clinic will act in full conformity with all legal requirements
4 for operating a clinic, payable to the agency. The agency may
5 adopt rules to specify related requirements for such surety
6 bond.
7 (8)(7) Each applicant for licensure shall comply with
8 the following requirements:
9 (a) As used in this subsection, the term "applicant"
10 means an individual individuals owning or controlling,
11 directly or indirectly, 5 percent or more of an interest in a
12 clinic or an individual owning or controlling, directly or
13 indirectly, any interest in a specialty clinic; the medical or
14 clinic director, or a similarly titled person who is
15 responsible for the day-to-day operation of the licensed
16 clinic; the financial officer or similarly titled individual
17 who is responsible for the financial operation of the clinic;
18 and licensed health care practitioners at the clinic.
19 (b) Upon receipt of a completed, signed, and dated
20 application, the agency shall require background screening of
21 the applicant, in accordance with the level 2 standards for
22 screening set forth in paragraph (d) chapter 435. Proof of
23 compliance with the level 2 background screening requirements
24 of paragraph (d) chapter 435 which has been submitted within
25 the previous 5 years in compliance with the any other health
26 care clinic licensure requirements of this part state is
27 acceptable in fulfillment of this paragraph. Applicants who
28 own less than 10 percent of a health care clinic are not
29 required to submit fingerprints under this section.
30 (c) Each applicant must submit to the agency, with the
31 application, a description and explanation of any exclusions,
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 permanent suspensions, or terminations of an applicant from
2 the Medicare or Medicaid programs. Proof of compliance with
3 the requirements for disclosure of ownership and control
4 interest under the Medicaid or Medicare programs may be
5 accepted in lieu of this submission. The description and
6 explanation may indicate whether such exclusions, suspensions,
7 or terminations were voluntary or not voluntary on the part of
8 the applicant. The agency may deny or revoke licensure based
9 on information received under this paragraph.
10 (d) A license may not be granted to a clinic if the
11 applicant, or a person or entity identified in paragraph
12 (5)(b), has been found guilty of, regardless of adjudication,
13 or has entered a plea of nolo contendere or guilty to, any
14 offense prohibited under the level 2 standards for screening
15 set forth in chapter 435; any felony under chapter 400,
16 chapter 408, chapter 409, chapter 440, chapter 624, chapter
17 626, chapter 627, chapter 812, chapter 817, chapter 831,
18 chapter 837, chapter 838, chapter 895, or chapter 896; or any
19 substantially comparable offense or crime of another state or
20 of the United States, if a felony in that jurisdiction, within
21 the past 10 years. Each person required to provide background
22 screening shall disclose to the agency any arrest for any
23 crime for which any court disposition other than dismissal has
24 been made within the past 10 years. Failure to provide such
25 information shall be considered a material omission in the
26 application process., or a violation of insurance fraud under
27 s. 817.234, within the past 5 years. If the applicant has been
28 convicted of an offense prohibited under the level 2 standards
29 or insurance fraud in any jurisdiction, the applicant must
30 show that his or her civil rights have been restored prior to
31 submitting an application.
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (e) The agency may deny or revoke licensure or
2 exemption if the applicant has falsely represented any
3 material fact or omitted any material fact from the
4 application which is permitted or required by this part.
5 (f) Each applicant that performs the technical
6 component of magnetic resonance imaging, static radiographs,
7 computed tomography, or positron emission tomography, and also
8 provides the professional components of such services through
9 an employee or independent contractor must provide to the
10 agency on a form provided by the agency, the name and address
11 of the clinic, the serial or operating number of each magnetic
12 resonance imaging, static radiograph, computed tomography, and
13 positron emission tomography machine, the name of the
14 manufacturer of the machine, and such other information as
15 required by the agency to identify the machine. The
16 information must be provided to the agency upon renewal of the
17 clinic's licensure and within 30 days after a clinic begins
18 using a machine for which it has not provided the information
19 to the agency.
20 (g) The agency shall deny or revoke a specialty clinic
21 license if an applicant has been found guilty of, regardless
22 of adjudication, or entered a plea of nolo contendere or
23 guilty to, any felony involving dishonesty or making a false
24 statement in any jurisdiction within the preceding 10 years.
25 (h) The agency shall deny a specialty clinic license
26 application when any business entity or individual possessing
27 an ownership or pecuniary interest in the specialty clinic
28 also possessed an ownership or pecuniary interest,
29 individually or through any business entity, in any health
30 care facility whose license was revoked in any jurisdiction
31 during the pendency of that interest.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (i) The agency may not issue a specialty clinic
2 license to any applicant to whom the agency has sent notice
3 that there is a pending question as to whether one or more of
4 the individuals with an ownership of 5 percent or more or with
5 a pecuniary interest of $5,000 or more in the clinic has a
6 disqualifying criminal record. The agency notice shall request
7 the applicant to submit any additional information necessary
8 to resolve the pending criminal background question within 21
9 days after receipt of the notice. The agency shall deny a
10 specialty clinic license application when the applicant has
11 failed to resolve a criminal background screening issue
12 pertaining to an individual who is required to meet criminal
13 background screening requirements of this part and the agency
14 raised such background screening issue by notice as set forth
15 in this part.
16 (9)(8) Requested information omitted from an
17 application for licensure, license renewal, or transfer of
18 ownership must be filed with the agency within 21 days after
19 receipt of the agency's request for omitted information, or
20 the application shall be deemed incomplete and shall be
21 withdrawn from further consideration.
22 (10)(9) The failure to file a timely renewal
23 application shall result in a late fee charged to the facility
24 in an amount equal to 50 percent of the current license fee.
25 Section 4. Section 400.9915, Florida Statutes, is
26 amended to read:
27 400.9915 Clinic inspections; emergency suspension;
28 costs.--
29 (1) Any authorized officer or employee of the agency
30 shall make inspections of the clinic or specialty clinic as
31 part of the initial license application or renewal
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 application. The application for a clinic or specialty clinic
2 license issued under this part or for a renewal license
3 constitutes permission for an appropriate agency inspection to
4 verify the information submitted on or in connection with the
5 application or renewal.
6 (2) An authorized officer or employee of the agency
7 may make unannounced inspections of clinics and specialty
8 clinics licensed pursuant to this part as are necessary to
9 determine that the clinic or specialty clinic is in compliance
10 with this part and with applicable rules. A licensed clinic or
11 specialty clinic shall allow full and complete access to the
12 premises and to billing records or information to any
13 representative of the agency who makes an inspection to
14 determine compliance with this part and with applicable rules.
15 (3) Failure by a clinic or specialty clinic licensed
16 under this part to allow full and complete access to the
17 premises and to billing records or information to any
18 representative of the agency who makes a request to inspect
19 the clinic or specialty clinic to determine compliance with
20 this part or failure by a clinic or specialty clinic to employ
21 a qualified medical director or clinic director constitutes a
22 ground for emergency suspension of the license by the agency
23 pursuant to s. 120.60(6).
24 (4) In addition to any administrative fines imposed,
25 the agency may assess a fee equal to the cost of conducting a
26 complaint investigation.
27 Section 5. Section 400.992, Florida Statutes, is
28 amended to read:
29 400.992 License renewal; transfer of ownership;
30 provisional license.--
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (1) An application for license renewal must contain
2 information as required by the agency.
3 (2) Ninety days before the expiration date, an
4 application for renewal must be submitted to the agency.
5 (3) The clinic or specialty clinic must file with the
6 renewal application satisfactory proof that it is in
7 compliance with this part and applicable rules. If there is
8 evidence of financial instability, the clinic or specialty
9 clinic must submit satisfactory proof of its financial ability
10 to comply with the requirements of this part.
11 (4) When transferring the ownership of a clinic or
12 specialty clinic, the transferee must submit an application
13 for a license at least 60 days before the effective date of
14 the transfer. An application for change of ownership of a
15 clinic or specialty clinic is required only when 45 percent or
16 more of the ownership, voting shares, or controlling interest
17 of a clinic or specialty clinic is transferred or assigned,
18 including the final transfer or assignment of multiple
19 transfers or assignments over a 2-year period that
20 cumulatively total 45 percent or greater.
21 (5) The license may not be sold, leased, assigned, or
22 otherwise transferred, voluntarily or involuntarily, and is
23 valid only for the clinic or specialty clinic owners and
24 location for which originally issued.
25 (6) A clinic or specialty clinic against whom a
26 revocation or suspension proceeding is pending at the time of
27 license renewal may be issued a provisional license effective
28 until final disposition by the agency of such proceedings. If
29 judicial relief is sought from the final disposition, the
30 agency that has jurisdiction may issue a temporary permit for
31 the duration of the judicial proceeding.
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 Section 6. Section 400.9925, Florida Statutes, is
2 amended to read:
3 400.9925 Rulemaking authority; license fees.--
4 (1) The agency shall adopt rules necessary to
5 administer the clinic and specialty clinic administration,
6 regulation, and licensure program, including rules
7 establishing the specific licensure requirements, procedures,
8 forms, and fees. It shall adopt rules establishing a procedure
9 for the biennial renewal of licenses. The agency may issue
10 initial licenses for less than the full 2-year period by
11 charging a prorated licensure fee and specifying a different
12 renewal date than would otherwise be required for biennial
13 licensure. The rules shall specify the expiration dates of
14 licenses, the process of tracking compliance with financial
15 responsibility requirements, and any other conditions of
16 renewal required by law or rule.
17 (2) The agency shall adopt rules specifying
18 limitations on the number of licensed clinics and specialty
19 clinics and licensees for which a medical director or a clinic
20 director may assume responsibility for purposes of this part.
21 In determining the quality of supervision a medical director
22 or a clinic director can provide, the agency shall consider
23 the number of clinic or specialty clinic employees, the clinic
24 or specialty clinic location, and the health care services
25 provided by the clinic or specialty clinic.
26 (3) License application and renewal fees must be
27 reasonably calculated by the agency to cover its costs in
28 carrying out its responsibilities under this part, including
29 the cost of licensure, inspection, and regulation of clinics
30 and specialty clinics, and must be of such amount that the
31 total fees collected do not exceed the cost of administering
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 and enforcing compliance with this part. Clinic and specialty
2 clinic licensure fees are nonrefundable and may not exceed
3 $2,000. The agency shall adjust the license fee annually by
4 not more than the change in the Consumer Price Index based on
5 the 12 months immediately preceding the increase. All fees
6 collected under this part must be deposited in the Health Care
7 Trust Fund for the administration of this part.
8 Section 7. Section 400.993, Florida Statutes, is
9 amended to read:
10 400.993 Unlicensed clinics; penalties; fines;
11 verification of licensure status.--
12 (1) It is unlawful to own, operate, or maintain a
13 clinic or specialty clinic without obtaining a license under
14 this part.
15 (2) Any person who owns, operates, or maintains an
16 unlicensed clinic or specialty clinic commits a felony of the
17 third degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084. Each day of continued operation is a
19 separate offense.
20 (3) Any person found guilty of violating subsection
21 (2) a second or subsequent time commits a felony of the second
22 degree, punishable as provided under s. 775.082, s. 775.083,
23 or s. 775.084. Each day of continued operation is a separate
24 offense.
25 (4) Any person who owns, operates, or maintains an
26 unlicensed clinic or specialty clinic due to a change in this
27 part or a modification in agency rules within 6 months after
28 the effective date of such change or modification and who,
29 within 10 working days after receiving notification from the
30 agency, fails to cease operation or apply for a license under
31 this part commits a felony of the third degree, punishable as
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 provided in s. 775.082, s. 775.083, or s. 775.084. Each day of
2 continued operation is a separate offense.
3 (5) Any clinic or specialty clinic that fails to cease
4 operation after agency notification may be fined for each day
5 of noncompliance pursuant to this part.
6 (6) When a person has an interest in more than one
7 clinic or specialty clinic, and fails to obtain a license for
8 any one of these clinics, the agency may revoke the license,
9 impose a moratorium, or impose a fine pursuant to this part on
10 any or all of the licensed clinics or specialty clinics until
11 such time as the unlicensed clinic or specialty clinic is
12 licensed or ceases operation.
13 (7) Any person aware of the operation of an unlicensed
14 clinic or specialty clinic must report that facility to the
15 agency.
16 (8) Any health care provider who is aware of the
17 operation of an unlicensed clinic or specialty clinic shall
18 report that facility to the agency. Failure to report a clinic
19 or specialty clinic that the provider knows or has reasonable
20 cause to suspect is unlicensed shall be reported to the
21 provider's licensing board.
22 (9) The agency may not issue a license to a clinic or
23 specialty clinic that has any unpaid fines assessed under this
24 part.
25 Section 8. Section 400.9935, Florida Statutes, is
26 amended to read:
27 400.9935 Clinic responsibilities.--
28 (1) Each clinic and specialty clinic shall appoint a
29 medical director or clinic director who shall agree in writing
30 to accept legal responsibility for the following activities on
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 behalf of the clinic. The medical director or the clinic
2 director shall:
3 (a) Have signs identifying the medical director or
4 clinic director posted in a conspicuous location within the
5 clinic readily visible to all patients.
6 (b) Ensure that all practitioners providing health
7 care services or supplies to patients maintain a current
8 active and unencumbered Florida license.
9 (c) Review any patient referral contracts or
10 agreements executed by the clinic.
11 (d) Ensure that all health care practitioners at the
12 clinic have active appropriate certification or licensure for
13 the level of care being provided.
14 (e) Ensure that all health care practitioners at the
15 clinic provide health care services in accordance with the
16 requirements of subsection (6).
17 (f)(e) Serve as the clinic records owner as defined in
18 s. 456.057.
19 (g)(f) Ensure compliance with the recordkeeping,
20 office surgery, and adverse incident reporting requirements of
21 chapter 456, the respective practice acts, and rules adopted
22 under this part.
23 (h)(g) Conduct systematic reviews of clinic billings
24 to ensure that the billings are not fraudulent or unlawful.
25 Upon discovery of an unlawful charge, the medical director or
26 clinic director shall take immediate corrective action. If the
27 clinic performs only the technical component of magnetic
28 resonance imaging, static radiographs, computed tomography, or
29 positron emission tomography, and provides the professional
30 interpretation of such services, in a fixed facility that is
31 accredited by the Joint Commission on Accreditation of
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 Healthcare Organizations or the Accreditation Association for
2 Ambulatory Health Care, and the American College of Radiology;
3 and if, in the preceding quarter, the percentage of scans
4 performed by that clinic which was billed to all personal
5 injury protection insurance carriers was less than 15 percent,
6 the chief financial officer of the clinic may, in a written
7 acknowledgment provided to the agency, assume the
8 responsibility for the conduct of the systematic reviews of
9 clinic billings to ensure that the billings are not fraudulent
10 or unlawful.
11 (i) Serve in that capacity for no more than a maximum
12 of five health care clinics that have a cumulative total of no
13 more than 200 employees and persons under contract with the
14 health care clinic at a given time. A medical or clinic
15 director may not supervise a health care clinic more than 200
16 miles away from any other health care clinic supervised by the
17 same medical or clinic director. The agency may allow for
18 waivers to the limitations of this paragraph upon a showing of
19 good cause and a determination by the agency that the medical
20 director will be able to adequately perform the requirements
21 of this subsection.
22 (2) Any business that becomes a clinic or specialty
23 clinic after commencing operations must, within 5 days after
24 becoming a clinic or specialty clinic, file a license
25 application under this part and shall be subject to all
26 provisions of this part applicable to a clinic or specialty
27 clinic.
28 (3) Any contract to serve as a medical director or a
29 clinic director entered into or renewed by a physician or a
30 licensed health care practitioner in violation of this part is
31 void as contrary to public policy. This subsection shall apply
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 to contracts entered into or renewed on or after March 1,
2 2004.
3 (4) All charges or reimbursement claims made by or on
4 behalf of a clinic or specialty clinic that is required to be
5 licensed under this part, but that is not so licensed, or that
6 is otherwise operating in violation of this part, are unlawful
7 charges, and therefore are noncompensable and unenforceable.
8 (5) Any person establishing, operating, or managing an
9 unlicensed clinic or specialty clinic otherwise required to be
10 licensed under this part, or any person who knowingly files a
11 false or misleading license application or license renewal
12 application, or false or misleading information related to
13 such application or department rule, commits a felony of the
14 third degree, punishable as provided in s. 775.082, s.
15 775.083, or s. 775.084.
16 (6) All persons providing health care services to
17 individuals must comply with the licensure laws and rules
18 under which that person is licensed to provide such services
19 or as otherwise provided by law.
20 (7)(6) Any licensed health care provider who violates
21 this part is subject to discipline in accordance with this
22 chapter and his or her respective practice act.
23 (8)(7) The agency may fine, or suspend or revoke the
24 license of, any clinic or specialty clinic licensed under this
25 part for operating in violation of the requirements of this
26 part or the rules adopted by the agency.
27 (9)(8) The agency shall investigate allegations of
28 noncompliance with this part and the rules adopted under this
29 part.
30 (10)(9) Any person or entity providing health care
31 services which is not a clinic or specialty clinic, as defined
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 under s. 400.9905, may voluntarily apply for a certificate of
2 exemption from licensure under its exempt status with the
3 agency on a form that sets forth its name or names and
4 addresses, a statement of the reasons why it cannot be defined
5 as a clinic, and other information deemed necessary by the
6 agency. An exemption is not transferable. The agency may
7 charge an applicant for a certificate of exemption in an
8 amount equal to $100 or the actual cost of processing the
9 certificate, whichever is less.
10 (11)(10) The clinic or specialty clinic shall display
11 its license in a conspicuous location within the clinic
12 readily visible to all patients.
13 (12)(11)(a) Each clinic engaged in magnetic resonance
14 imaging services must be accredited by the Joint Commission on
15 Accreditation of Healthcare Organizations, the American
16 College of Radiology, or the Accreditation Association for
17 Ambulatory Health Care, within 1 year after licensure.
18 However, a clinic may request a single, 6-month extension if
19 it provides evidence to the agency establishing that, for good
20 cause shown, such clinic can not be accredited within 1 year
21 after licensure, and that such accreditation will be completed
22 within the 6-month extension. After obtaining accreditation as
23 required by this subsection, each such clinic must maintain
24 accreditation as a condition of renewal of its license.
25 (b) The agency may deny the application or revoke the
26 license of any entity formed for the purpose of avoiding
27 compliance with the accreditation provisions of this
28 subsection and whose principals were previously principals of
29 an entity that was unable to meet the accreditation
30 requirements within the specified timeframes. The agency may
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 adopt rules as to the accreditation of magnetic resonance
2 imaging clinics.
3 (13)(12) The agency shall give full faith and credit
4 pertaining to any past variance and waiver granted to a
5 magnetic resonance imaging clinic from rule 64-2002, Florida
6 Administrative Code, by the Department of Health, until
7 September 2004. After that date, such clinic must request a
8 variance and waiver from the agency under s. 120.542.
9 (14) Every licensed specialty clinic shall file with
10 the agency no less frequently than annually, including
11 concurrently with the filing of any change of ownership
12 application, upon forms to be furnished by the agency, an
13 audited report showing the following information:
14 (a) The number of patients served by the specialty
15 clinic during the previous 12-month period, which report may
16 exclude any partial month for the month when the report was
17 prepared;
18 (b) Total specialty clinic operating expenses;
19 (c) Gross patient charges by payor category, including
20 Medicare, Medicaid, county indigent programs, any other
21 governmental programs, private insurance, self-paying
22 patients, nonpaying patients and other payees;
23 (d) The cost of operation of the specialty clinic
24 during the previous 12-month period, excluding any partial
25 month during which time the report was prepared;
26 (e) Unless the specialty clinic can demonstrate that
27 the clinic already has furnished the required information
28 regarding a particular subject individual, the full name of
29 any individual who became an owner or became possessed of any
30 pecuniary interest in the subject clinic since the last report
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 to the agency, along with the disclosure of the information
2 required by s. 400.9961(2) as to such individual; and
3 (f) A current statement of the source of funds for
4 payment of the costs of establishing the specialty clinic and
5 for sustaining the operation of the specialty clinic until its
6 operation produces a positive cash flow.
7 (15) Every licensee of a specialty clinic has a
8 continuing obligation to comply with this part and to report
9 to the agency any change of circumstance related to the
10 clinic's continuing compliance with this part. Such change of
11 circumstance includes, but is not limited to, any change in
12 the ownership of the specialty clinic, the addition of any
13 individual or business entity possessing a pecuniary interest
14 in the specialty clinic, the employment of any individual as a
15 member of the specialty clinic's staff who would be required
16 to undergo a criminal background screening if such individual
17 had been an employee at the time of the initial licensure, and
18 any change in the medical or clinic director. The clinic shall
19 furnish the information required about and of such individuals
20 under this part and s. 400.991 within 30 days of the
21 occurrence of such change of circumstance.
22 (16) The clinic or specialty clinic shall display a
23 sign in a conspicuous location within the clinic readily
24 visible to all patients indicating that, pursuant to s.
25 626.9892, the Department of Financial Services may pay rewards
26 of up to $25,000 to persons providing information leading to
27 the arrest and conviction of persons committing crimes
28 investigated by the Division of Insurance Fraud arising from
29 violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989,
30 or s. 817.234. An authorized employee of the Division of
31 Insurance Fraud may make unannounced inspections of a clinic
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 or specialty clinic licensed under this part as necessary to
2 determine whether the clinic is in compliance with this
3 subsection. A licensed clinic or specialty clinic shall allow
4 full and complete access to the premises to such authorized
5 employee of the division who makes an inspection to determine
6 compliance with this subsection.
7 Section 9. Section 400.994, Florida Statutes, is
8 amended to read:
9 400.994 Injunctions.--
10 (1) The agency may institute injunctive proceedings in
11 a court of competent jurisdiction in order to:
12 (a) Enforce the provisions of this part or any minimum
13 standard, rule, or order issued or entered into pursuant to
14 this part if the attempt by the agency to correct a violation
15 through administrative fines has failed; if the violation
16 materially affects the health, safety, or welfare of clinic or
17 specialty clinic patients; or if the violation involves any
18 operation of an unlicensed clinic or specialty clinic.
19 (b) Terminate the operation of a clinic or specialty
20 clinic if a violation of any provision of this part, or any
21 rule adopted pursuant to this part, materially affects the
22 health, safety, or welfare of clinic or specialty clinic
23 patients.
24 (2) Such injunctive relief may be temporary or
25 permanent.
26 (3) If action is necessary to protect clinic or
27 specialty clinic patients from life-threatening situations,
28 the court may allow a temporary injunction without bond upon
29 proper proof being made. If it appears by competent evidence
30 or a sworn, substantiated affidavit that a temporary
31 injunction should issue, the court, pending the determination
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 on final hearing, shall enjoin operation of the clinic or
2 specialty clinic.
3 Section 10. Section 400.995, Florida Statutes, is
4 amended to read:
5 400.995 Agency administrative penalties.--
6 (1) The agency may deny the application for a license
7 renewal, revoke or suspend the license, and impose
8 administrative fines of up to $5,000 per violation for
9 violations of the requirements of this part or rules of the
10 agency. In determining if a penalty is to be imposed and in
11 fixing the amount of the fine, the agency shall consider the
12 following factors:
13 (a) The gravity of the violation, including the
14 probability that death or serious physical or emotional harm
15 to a patient will result or has resulted, the severity of the
16 action or potential harm, and the extent to which the
17 provisions of the applicable laws or rules were violated.
18 (b) Actions taken by the owner, medical director, or
19 clinic director to correct violations.
20 (c) Any previous violations.
21 (d) The financial benefit to the clinic or specialty
22 clinic of committing or continuing the violation.
23 (2) Each day of continuing violation after the date
24 fixed for termination of the violation, as ordered by the
25 agency, constitutes an additional, separate, and distinct
26 violation.
27 (3) Any action taken to correct a violation shall be
28 documented in writing by the owner, medical director, or
29 clinic director of the clinic or specialty clinic and verified
30 through followup visits by agency personnel. The agency may
31 impose a fine and, in the case of an owner-operated clinic or
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 specialty clinic, revoke or deny a clinic's license when a
2 clinic medical director or clinic director knowingly
3 misrepresents actions taken to correct a violation.
4 (4) For fines that are upheld following administrative
5 or judicial review, the violator shall pay the fine, plus
6 interest at the rate as specified in s. 55.03, for each day
7 beyond the date set by the agency for payment of the fine.
8 (5) Any unlicensed clinic or specialty clinic that
9 continues to operate after agency notification is subject to a
10 $1,000 fine per day.
11 (6) Any licensed clinic or specialty clinic whose
12 owner, medical director, or clinic director concurrently
13 operates an unlicensed clinic or specialty clinic shall be
14 subject to an administrative fine of $5,000 per day.
15 (7) Any clinic or specialty clinic whose owner fails
16 to apply for a change-of-ownership license in accordance with
17 s. 400.992 and operates the clinic or specialty clinic under
18 the new ownership is subject to a fine of $5,000.
19 (8) The agency, as an alternative to or in conjunction
20 with an administrative action against a clinic or specialty
21 clinic for violations of this part and adopted rules, shall
22 make a reasonable attempt to discuss each violation and
23 recommended corrective action with the owner, medical
24 director, or clinic director of the clinic or specialty
25 clinic, prior to written notification. The agency, instead of
26 fixing a period within which the clinic or specialty clinic
27 shall enter into compliance with standards, may request a plan
28 of corrective action from the clinic or specialty clinic which
29 demonstrates a good faith effort to remedy each violation by a
30 specific date, subject to the approval of the agency.
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 (9) Administrative fines paid by any clinic or
2 specialty clinic under this section shall be deposited into
3 the Health Care Trust Fund.
4 (10) If the agency issues a notice of intent to deny a
5 license application after a temporary license has been issued
6 pursuant to s. 400.991(3), the temporary license shall expire
7 on the date of the notice and may not be extended during any
8 proceeding for administrative or judicial review pursuant to
9 chapter 120.
10 Section 11. Section 400.996, Florida Statutes, is
11 created to read:
12 400.996 Specialty clinics; complaints; audits;
13 referrals.--
14 (1) The agency shall receive, document, and process
15 complaints about specialty clinics. Upon receipt of any
16 complaint that asserts the existence of facts evidencing
17 possible billing fraud by a specialty clinic or by any
18 employee of a specialty clinic, the agency shall request the
19 complainant to make such assertions by sworn affidavit.
20 (2) Upon receipt of any sworn affidavit that asserts
21 the existence of facts evidencing possible billing fraud by a
22 specialty clinic or any of its employees, the agency shall
23 refer the complaint to the Office of Fiscal Integrity within
24 the Department of Financial Services.
25 (3) The Department of Financial Services shall report
26 findings to the agency for any appropriate licensure action.
27 Such report shall include a statement of facts as determined
28 by the Department of Financial Services to exist, specifically
29 with regard to the possible violations of licensure
30 requirements. If during an investigation the department has
31 reason to believe that any criminal law of this state has or
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 may have been violated, the department shall refer such
2 investigation to appropriate prosecutorial agencies and shall
3 provide investigative assistance to those agencies as
4 required.
5 (4) The investigating authority and the agency shall
6 cooperate with each other with respect to preparing a record
7 and sharing information from which the agency may determine if
8 any action for sanctions under this part by the agency is
9 warranted.
10 (5) Any person submitting a sworn complaint that
11 initiates a complaint investigation pursuant to this section,
12 which sworn complaint is determined to be totally without any
13 factual basis to support the assertions made in the complaint
14 that facts existed evidencing possible fraudulent practices by
15 a specialty clinic or any of its employees, shall be guilty of
16 a misdemeanor of the first degree, punishable as provided in
17 s. 775.082 or s. 775.083.
18 (6) The Office of Fiscal Integrity within the
19 Department of Financial Services shall conduct unannounced
20 reviews, investigations, analyses, and audits to investigate
21 complaints and, as necessary, to determine whether specialty
22 clinic billings are fraudulent or unlawful. The Department of
23 Financial Services is expressly authorized to enter upon the
24 premises of the clinic during regular business hours and
25 demand and immediately secure copies of billing and other
26 records of the clinic that will enable the Department of
27 Financial Services to investigate complaints or determine
28 whether specialty clinic billings are fraudulent or unlawful.
29 (7) A licensed specialty clinic shall allow full,
30 complete, and immediate access to the premises and to billing
31 records or information to any such officer or employee who
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 conducts a review, investigation, analysis, or audit to
2 determine compliance with this part and with applicable rules.
3 Failure to allow full, complete, and immediate access to the
4 premises and to billing records or information to any
5 representative of the agency or Department of Financial
6 Services who attempts to conduct a review, investigation,
7 analysis, or audit to determine compliance with this part
8 constitutes a ground for emergency suspension of the license
9 by the agency pursuant to s. 120.60(6).
10 (8) In addition to any administrative fines imposed,
11 the agency may assess a fee equal to the cost of conducting
12 any review, investigation, analysis, or audit performed by the
13 agency or the department.
14 (9) All investigators designated by the Chief
15 Financial Officer to perform duties under this part and who
16 are certified under s. 943.1395 are law enforcement officers
17 of the state. Such investigators have the authority to conduct
18 criminal investigations, bear arms, make arrests, and apply
19 for, serve, and execute search warrants, arrest warrants,
20 capias, and other process throughout the state pertaining to
21 fraud investigations under this section.
22 Section 12. Paragraph (hh) is added to subsection (1)
23 of section 456.072, Florida Statutes, to read:
24 456.072 Grounds for discipline; penalties;
25 enforcement.--
26 (1) The following acts shall constitute grounds for
27 which the disciplinary actions specified in subsection (2) may
28 be taken:
29 (hh) Intentionally providing false information on an
30 application for a certificate of exemption from clinic
31 licensure under part XIII of chapter 400.
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for CS for CS for SB 2112
603-2418-06
1 Section 13. Florida Barbara B. Lumpkin Center for
2 Nursing designated; Department of Health to erect suitable
3 markers.--
4 (1) The Florida Center for Nursing, created by s.
5 464.0195, Florida Statutes, and located in Orlando is
6 designated as the "Florida Barbara B. Lumpkin Center for
7 Nursing."
8 (2) The Department of Health is directed to erect
9 suitable markers designating the Florida Barbara B. Lumpkin
10 Center for Nursing as described in subsection (1).
11 Section 14. The sums of $212,528 in recurring funds
12 from the Health Care Trust Fund, and $25,347 in nonrecurring
13 funds from the Health Care Trust Fund are appropriated to the
14 Agency for Health Care Administration and 4 full time
15 equivalent positions and associated salary rate of 134,455 are
16 authorized, for the 2006-2007 fiscal year for the purpose of
17 implementing the provisions of this act.
18 Section 15. This act shall take effect January 1,
19 2007.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 CS for CS for SB 2112
23
24 Exempts clinics wholly owned by physicians and physician
assistants licensed under chapter 458, chapter 460, chapter
25 461, or chapter 466, that provide health care services that
are supervised by one or more physician assistants or
26 physicians from the Health Care Clinic Act.
27 Replaces existing language allowing clinics and specialty
clinics to voluntarily apply for a certificate of exemption
28 from licensure under its exempt status on forms containing
information as specified by the agency.
29
Requires the Department of Health to erect markers designating
30 the Florida Barbara B. Lumpkin Center for Nursing.
31 Provides an appropriation.
36
CODING: Words stricken are deletions; words underlined are additions.