HB 7141

CS

CHAMBER ACTION

1	The Health & Families Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the licensure of health care providers;
7	creating pts. I, II, III, and IV of ch. 408, F.S.;
8	creating s. 408.801, F.S.; providing a short title;
9	providing legislative findings and purpose; creating s.
10	408.802, F.S.; providing applicability; creating s.
11	408.803, F.S.; providing definitions; creating s. 408.804,
12	F.S.; requiring providers to have and display a license;
13	providing limitations; creating s. 408.805, F.S.;
14	establishing license fees and conditions for assessment
15	thereof; providing a method for calculating annual
16	adjustment of fees; providing for inspection fees;
17	providing that fees are nonrefundable; creating s.
18	408.806, F.S.; providing a license application process;
19	requiring specified information to be included on the
20	application; requiring payment of late fees under certain
21	circumstances; requiring inspections; providing an
22	exception; authorizing the Agency for Health Care
23	Administration to establish procedures and rules for
24	electronic transmission of required information; creating
25	s. 408.807, F.S.; providing procedures for change of
26	ownership; requiring the transferor to notify the agency
27	in writing within a specified time period; providing for
28	duties and liability of the transferor; providing for
29	maintenance of certain records; creating s. 408.808, F.S.;
30	providing license categories and requirements therefor;
31	creating s. 408.809, F.S.; requiring background screening
32	of specified employees; providing for submission of proof
33	of compliance, under certain circumstances; providing
34	conditions for granting provisional and standard licenses;
35	providing an exception to screening requirements; creating
36	s. 408.810, F.S.; providing minimum licensure
37	requirements; providing procedures for discontinuance of
38	operation and surrender of license; requiring forwarding
39	of client records; requiring publication of a notice of
40	discontinuance of operation of a provider; providing for
41	statewide toll-free telephone numbers for reporting
42	complaints and abusive, neglectful, and exploitative
43	practices; requiring proof of legal right to occupy
44	property, proof of insurance, and proof of financial
45	viability, under certain circumstances; requiring
46	disclosure of information relating to financial
47	instability; providing a penalty; prohibiting the agency
48	from licensing a health care provider that does not have a
49	certificate of need or an exemption; creating s. 408.811,
50	F.S.; providing for inspections and investigations to
51	determine compliance; providing that inspection reports
52	are public records; requiring retention of records for a
53	specified period of time; creating s. 408.812, F.S.;
54	prohibiting certain unlicensed activity by a provider;
55	requiring unlicensed providers to cease activity;
56	providing penalties; requiring reporting of unlicensed
57	providers; creating s. 408.813, F.S.; authorizing the
58	agency to impose administrative fines; creating s.
59	408.814, F.S.; providing conditions for the agency to
60	impose a moratorium or emergency suspension on a provider;
61	requiring notice; creating s. 408.815, F.S.; providing
62	grounds for denial or revocation of a license or change-
63	of-ownership application; providing conditions to continue
64	operation; exempting renewal applications from provisions
65	requiring the agency to approve or deny an application
66	within a specified period of time, under certain
67	circumstances; creating s. 408.816, F.S.; authorizing the
68	agency to institute injunction proceedings, under certain
69	circumstances; creating s. 408.817, F.S.; providing basis
70	for review of administrative proceedings challenging
71	agency licensure enforcement action; creating s. 408.818,
72	F.S.; requiring fees and fines related to health care
73	licensing to be deposited into the Health Care Trust Fund;
74	creating s. 408.819, F.S.; authorizing the agency to adopt
75	rules; providing a timeframe for compliance; creating s.
76	408.820, F.S.; providing exemptions from specified
77	requirements of pt. II of ch. 408, F.S.; amending s.
78	400.801, F.S.; providing that the definition of homes for
79	special services applies to sites licensed by the agency
80	after a certain date; amending s. 400.9905, F.S.;
81	excluding certain entities from the definition of
82	"clinic"; amending s. 408.036, F.S.; exempting a nursing
83	home created by combining certain licensed beds from
84	requirements for obtaining a certificate of need from the
85	agency; providing for future repeal; amending s. 408.831,
86	F.S.; revising provisions relating to agency action to
87	deny, suspend, or revoke a license, registration,
88	certificate, or application; conforming cross-references;
89	providing for priority of application in case of conflict;
90	authorizing the agency to adjust annual licensure fees to
91	provide biennial licensure fees; requesting interim
92	assistance of the Division of Statutory Revision to
93	prepare conforming legislation for the 2007 Regular
94	Session; authorizing the agency to issue licenses for less
95	than a specified time period and providing conditions
96	therefor; providing an effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Part I of chapter 408, Florida Statutes,
101	consisting of sections 408.031, 408.032, 408.033, 408.034,
102	408.035, 408.036, 408.0361, 408.037, 408.038, 408.039, 408.040,
103	408.041, 408.042, 408.043, 408.044, 408.045, 408.0455, 408.05,
104	408.061, 408.062, 408.063, 408.07, 408.08, 408.09, 408.10,
105	408.15, 408.16, 408.18, 408.185, 408.20, 408.301, 408.302,
106	408.40, 408.50, 408.70, 408.7056, 408.7057, and 408.7071,
107	Florida Statutes, is created and entitled "Health Facility and
108	Services Planning."
109	Section 2.  Part II of chapter 408, Florida Statutes,
110	consisting of sections 408.801, 408.802, 408.803, 408.804,
111	408.805, 408.806, 408.807, 408.808, 408.809, 408.810, 408.811,
112	408.812, 408.813, 408.814, 408.815, 408.816, 408.817, 408.818,
113	408.819, 408.820, and 408.831, Florida Statutes, is created and
114	entitled "Health Care Licensing: General Provisions."
115	Section 3.  Part III of chapter 408, Florida Statutes,
116	consisting of sections 408.90, 408.901, 408.902, 408.903,
117	408.904, 408.905, 408.906, 408.907, 408.908, and 408.909,
118	Florida Statutes, is created and entitled "Health Insurance
119	Access."
120	Section 4.  Part IV of chapter 408, Florida Statutes,
121	consisting of sections 408.911, 408.913, 408.914, 408.915,
122	408.916, 408.917, and 408.918, Florida Statutes, is created and
123	entitled "Health and Human Services Eligibility Access System."
124	Section 5.  Sections 408.801, 408.802, 408.803, 408.804,
125	408.805, 408.806, 408.807, 408.808, 408.809, 408.810, 408.811,
126	408.812, 408.813, 408.814, 408.815, 408.816, 408.817, 408.818,
127	408.819, and 408.820, Florida Statutes, are created to read:
128	408.801  Short title; purpose.--
129	(1)  This part may be cited as the "Health Care Licensing
130	Procedures Act."
131	(2)  The Legislature finds that there is unnecessary
132	duplication and variation in the requirements for licensure by
133	the agency. It is the intent of the Legislature to provide a
134	streamlined and consistent set of basic licensing requirements
135	for all such providers in order to minimize confusion,
136	standardize terminology, and include issues that are otherwise
137	not adequately addressed in the Florida Statutes pertaining to
138	specific providers.
139	408.802  Applicability.--The provisions of this part apply
140	to the provision of services that require licensure as defined
141	in this part and to the following entities licensed, registered,
142	or certified by the agency, as described in chapters 112, 383,
143	390, 394, 395, 400, 440, 483, and 765:
144	(1)  Laboratories authorized to perform testing under the
145	Drug-Free Workplace Act, as provided under ss. 112.0455 and
146	440.102.
147	(2)  Birth centers, as provided under chapter 383.
148	(3)  Abortion clinics, as provided under chapter 390.
149	(4)  Crisis stabilization units, as provided under parts I
150	and IV of chapter 394.
151	(5)  Short-term residential treatment facilities, as
152	provided under parts I and IV of chapter 394.
153	(6)  Residential treatment facilities, as provided under
154	part IV of chapter 394.
155	(7)  Residential treatment centers for children and
156	adolescents, as provided under part IV of chapter 394.
157	(8)  Hospitals, as provided under part I of chapter 395.
158	(9)  Ambulatory surgical centers, as provided under part I
159	of chapter 395.
160	(10)  Mobile surgical facilities, as provided under part I
161	of chapter 395.
162	(11)  Private review agents, as provided under part I of
163	chapter 395.
164	(12)  Health care risk managers, as provided under part I
165	of chapter 395.
166	(13)  Nursing homes, as provided under part II of chapter
167	400.
168	(14)  Assisted living facilities, as provided under part
169	III of chapter 400.
170	(15)  Home health agencies, as provided under part IV of
171	chapter 400.
172	(16)  Nurse registries, as provided under part IV of
173	chapter 400.
174	(17)  Companion services or homemaker services providers,
175	as provided under part IV of chapter 400.
176	(18)  Adult day care centers, as provided under part V of
177	chapter 400.
178	(19)  Hospices, as provided under part VI of chapter 400.
179	(20)  Adult family-care homes, as provided under part VII
180	of chapter 400.
181	(21)  Homes for special services, as provided under part
182	VIII of chapter 400.
183	(22)  Transitional living facilities, as provided under
184	part VIII of chapter 400.
185	(23)  Prescribed pediatric extended care centers, as
186	provided under part IX of chapter 400.
187	(24)  Home medical equipment providers, as provided under
188	part X of chapter 400.
189	(25)  Intermediate care facilities for persons with
190	developmental disabilities, as provided under part XI of chapter
191	400.
192	(26)  Health care services pools, as provided under part
193	XII of chapter 400.
194	(27)  Health care clinics, as provided under part XIII of
195	chapter 400.
196	(28)  Clinical laboratories, as provided under part I of
197	chapter 483.
198	(29)  Multiphasic health testing centers, as provided under
199	part II of chapter 483.
200	(30)  Organ and tissue procurement agencies, as provided
201	under chapter 765.
202	408.803  Definitions.--As used in this part, the term:
203	(1)  "Agency" means the Agency for Health Care
204	Administration, which is the licensing agency under this part.
205	(2)  "Applicant" means an individual, corporation,
206	partnership, firm, association, or governmental entity that
207	submits an application for a license to the agency.
208	(3)  "Authorizing statute" means the statute authorizing
209	the licensed operation of a provider listed in s. 408.802 and
210	includes chapters 112, 383, 390, 394, 395, 400, 440, 483, and
211	765.
212	(4)  "Certification" means certification as a Medicare or
213	Medicaid provider of the services that require licensure, or
214	certification pursuant to the federal Clinical Laboratory
215	Improvement Amendment (CLIA).
216	(5)  "Change of ownership" means an event in which the
217	licensee changes to a different legal entity or in which 45
218	percent or more of the ownership, voting shares, or controlling
219	interest in a corporation whose shares are not publicly traded
220	on a recognized stock exchange is transferred or assigned,
221	including the final transfer or assignment of multiple transfers
222	or assignments over a 2-year period that cumulatively total 45
223	percent or greater. A change solely in the management company or
224	board of directors is not a change of ownership.
225	(6)  "Client" means any person receiving services from a
226	provider listed in s. 408.802.
227	(7)  "Controlling interest" means:
228	(a)  The applicant or licensee;
229	(b)  A person or entity that serves as an officer of, is on
230	the board of directors of, or has a 5-percent or greater
231	ownership interest in the applicant or licensee; or
232	(c)  A person or entity that serves as an officer of, is on
233	the board of directors of, or has a 5-percent or greater
234	ownership interest in the management company or other entity,
235	related or unrelated, with which the applicant or licensee
236	contracts to manage the provider.
237
238	The term does not include a voluntary board member.
239	(8)  "License" means any permit, registration, certificate,
240	or license issued by the agency.
241	(9)  "Licensee" means an individual, corporation,
242	partnership, firm, association, or governmental entity that is
243	issued a permit, registration, certificate, or license by the
244	agency. The licensee is legally responsible for all aspects of
245	the provider operation.
246	(10)  "Moratorium" means a prohibition on the acceptance of
247	new clients.
248	(11)  "Provider" means any activity, service, agency, or
249	facility regulated by the agency and listed in s. 408.802.
250	(12)  "Services that require licensure" means those
251	services, including residential services, that require a valid
252	license before those services may be provided in accordance with
253	authorizing statutes and agency rules.
254	(13)  "Voluntary board member" means a board member of a
255	not-for-profit corporation or organization who serves solely in
256	a voluntary capacity, does not receive any remuneration for his
257	or her services on the board of directors, and has no financial
258	interest in the corporation or organization. The agency shall
259	recognize a person as a voluntary board member following
260	submission of a statement to the agency by the board member and
261	the not-for-profit corporation or organization that affirms that
262	the board member conforms to this definition. The statement
263	affirming the status of the board member must be submitted to
264	the agency on a form provided by the agency.
265	408.804  License required; display.--
266	(1)  It is unlawful to provide services that require
267	licensure, or operate or maintain a provider that offers or
268	provides services that require licensure, without first
269	obtaining from the agency a license authorizing the provision of
270	such services or the operation or maintenance of such provider.
271	(2)  A license must be displayed in a conspicuous place
272	readily visible to clients who enter at the address that appears
273	on the license and is valid only in the hands of the licensee to
274	whom it is issued and may not be sold, assigned, or otherwise
275	transferred, voluntarily or involuntarily. The license is valid
276	only for the licensee, provider, and location for which the
277	license is issued.
278	408.805  Fees required; adjustments.--Unless otherwise
279	limited by authorizing statutes, license fees must be reasonably
280	calculated by the agency to cover its costs in carrying out its
281	responsibilities under this part, authorizing statutes, and
282	applicable rules, including the cost of licensure, inspection,
283	and regulation of providers.
284	(1)  Licensure fees shall be adjusted to provide for
285	biennial licensure under agency rules.
286	(2)  The agency shall annually adjust licensure fees,
287	including fees paid per bed, by not more than the change in the
288	Consumer Price Index based on the 12 months immediately
289	preceding the increase.
290	(3)  The agency may, by rule, adjust licensure fees to
291	cover the cost of administering this part, authorizing statutes,
292	and applicable rules.
293	(4)  An inspection fee must be paid as required in
294	authorizing statutes.
295	(5)  Fees are nonrefundable.
296	(6)  When a change is reported that requires issuance of a
297	license, a fee may be assessed. The fee must be based on the
298	actual cost of processing and issuing the license.
299	(7)  A fee may be charged to a licensee requesting a
300	duplicate license. The fee may not exceed the actual cost of
301	duplication and postage.
302	(8)  Total fees collected may not exceed the cost of
303	administering this part, authorizing statutes, and applicable
304	rules.
305	408.806  License application process.--
306	(1)  An application for licensure must be made to the
307	agency on forms furnished by the agency, submitted under oath,
308	and accompanied by the appropriate fee in order to be accepted
309	and considered timely. The application must contain information
310	required by authorizing statutes and applicable rules and must
311	include:
312	(a)  The name, address, and social security number of the
313	applicant and each controlling interest if the applicant or
314	controlling interest is an individual.
315	(b)  The name, address, and federal employer identification
316	number or taxpayer identification number of the applicant and
317	each controlling interest if the applicant or controlling
318	interest is not an individual.
319	(c)  The name by which the provider is to be known.
320	(d)  The total number of beds or capacity requested, as
321	applicable.
322	(e)  The name of the person or persons under whose
323	management or supervision the provider will operate and the name
324	of the administrator, if required.
325	(f)  If the applicant offers continuing care agreements as
326	defined in chapter 651, proof shall be furnished that the
327	applicant has obtained a certificate of authority as required
328	for operation under chapter 651.
329	(g)  Other information, including satisfactory inspection
330	results, that the agency finds necessary to determine the
331	ability of the applicant to carry out its responsibilities under
332	this part, authorizing statutes, and applicable rules.
333	(2)(a)  The applicant for a renewal license must submit an
334	application that must be received by the agency at least 60 days
335	prior to the expiration of the current license. If the renewal
336	application and fee are received prior to the license expiration
337	date, the license shall not be deemed to have expired if the
338	license expiration date occurs during the agency's review of the
339	renewal application.
340	(b)  The applicant for initial licensure due to a change of
341	ownership must submit an application that must be received by
342	the agency at least 60 days prior to the date of change of
343	ownership.
344	(c)  For any other application or request, the applicant
345	must submit an application or request that must be received by
346	the agency at least 60 days prior to the requested effective
347	date, unless otherwise specified in authorizing statutes or
348	applicable rules.
349	(d)  The agency shall notify the licensee by mail or
350	electronically at least 90 days prior to the expiration of a
351	license that a renewal license is necessary to continue
352	operation. The failure to timely submit a renewal application
353	and license fee shall result in a $50 per day late fee charged
354	to the licensee by the agency; however, the aggregate amount of
355	the late fee may not exceed 50 percent of the licensure fee or
356	$500, whichever is less. If an application is received after the
357	required filing date and exhibits a hand-canceled postmark
358	obtained from a United States post office dated on or before the
359	required filing date, no fine will be levied.
360	(3)(a)  Upon receipt of an application for a license, the
361	agency shall examine the application and, within 30 days after
362	receipt, notify the applicant in writing of any apparent errors
363	or omissions and request any additional information required.
364	(b)  Requested information omitted from an application for
365	licensure, license renewal, or change of ownership, other than
366	an inspection, must be filed with the agency within 21 days
367	after the agency's request for omitted information or the
368	application shall be deemed incomplete and shall be withdrawn
369	from further consideration and the fees shall be forfeited.
370	(c)  Within 60 days after the receipt of a complete
371	application, the agency shall approve or deny the application.
372	(4)(a)  Licensees subject to the provisions of this part
373	shall be issued biennial licenses unless conditions of the
374	license category specify a shorter license period.
375	(b)  Each license issued shall indicate the name of the
376	licensee, the type of provider or service that the licensee is
377	required or authorized to operate or offer, the date the license
378	is effective, the expiration date of the license, the maximum
379	capacity of the licensed premises, if applicable, and any other
380	information required or deemed necessary by the agency.
381	(5)  In accordance with authorizing statutes and applicable
382	rules, proof of compliance with s. 408.810 must be submitted
383	with an application for licensure.
384	(6)  The agency may not issue an initial license to a
385	health care provider subject to the certificate-of-need
386	provisions in part I of this chapter if the licensee has not
387	been issued a certificate of need or certificate-of-need
388	exemption, when applicable. Failure to apply for the renewal of
389	a license prior to the expiration date renders the license void.
390	(7)(a)  An applicant must demonstrate compliance with the
391	requirements in this part, authorizing statutes, and applicable
392	rules during an inspection pursuant to s. 408.811, as required
393	by authorizing statutes.
394	(b)  An initial inspection is not required for companion
395	services or homemaker services providers, as provided under part
396	IV of chapter 400, or for health care services pools, as
397	provided under part XII of chapter 400.
398	(c)  If an inspection is required by the authorizing
399	statute for a license application other than an initial
400	application, the inspection must be unannounced. This paragraph
401	does not apply to inspections required pursuant to ss. 383.324,
402	395.0161(4), and 483.061(2).
403	(d)  If a provider is not available when an inspection is
404	attempted, the application shall be denied.
405	(8)  The agency may establish procedures for the electronic
406	notification and submission of required information, including,
407	but not limited to:
408	(a)  Licensure applications.
409	(b)  Required signatures.
410	(c)  Payment of fees.
411	(d)  Notarization of applications.
412
413	Requirements for electronic submission of any documents required
414	by this part or authorizing statutes may be established by rule.
415	408.807  Change of ownership.--Whenever a change of
416	ownership occurs:
417	(1)  The transferor shall notify the agency in writing at
418	least 60 days before the anticipated date of the change of
419	ownership.
420	(2)  The transferee shall make application to the agency
421	for a license within the timeframes required in s. 408.806.
422	(3)  The transferor shall be responsible and liable for:
423	(a)  The lawful operation of the provider and the welfare
424	of the clients served until the date the transferee is licensed
425	by the agency.
426	(b)  Any and all penalties imposed against the transferor
427	for violations occurring before the date of change of ownership.
428	(4)  Any restriction on licensure, including a conditional
429	license existing at the time of a change of ownership, shall
430	remain in effect until the agency determines that the grounds
431	for the restriction are corrected.
432	(5)  The transferee shall maintain records of the
433	transferor as required in this part, authorizing statutes, and
434	applicable rules, including:
435	(a)  All client records.
436	(b)  Inspection reports.
437	(c)  All records required to be maintained pursuant to s.
438	409.913, if applicable.
439	408.808  License categories.--
440	(1)  STANDARD LICENSE.--A standard license may be issued to
441	an applicant at the time of initial licensure, license renewal,
442	or change of ownership. A standard license shall be issued when
443	the applicant is in compliance with all statutory requirements
444	and agency rules. Unless sooner revoked, a standard license
445	expires 2 years after the date of issue.
446	(2)  PROVISIONAL LICENSE.--A provisional license may be
447	issued to an applicant pursuant to s. 408.809(3). An applicant
448	against whom a proceeding denying or revoking a license is
449	pending at the time of license renewal may be issued a
450	provisional license effective until final action not subject to
451	further appeal.
452	(3)  INACTIVE LICENSE.--An inactive license may be issued
453	to a health care provider subject to the certificate-of-need
454	provisions in part I of this chapter when the provider is
455	currently licensed, does not have a provisional license, and
456	will be temporarily unable to provide services but is reasonably
457	expected to resume services within 12 months. Such designation
458	may be made for a period not to exceed 12 months but may be
459	renewed by the agency for up to 12 additional months upon
460	demonstration by the licensee of the provider's progress toward
461	reopening. A request by a licensee for an inactive license or to
462	extend the previously approved inactive period must be submitted
463	to the agency and must include a written justification for the
464	inactive license with the beginning and ending dates of
465	inactivity specified, a plan for the transfer of any clients to
466	other providers, and the appropriate licensure fees. The agency
467	may not accept a request that is submitted after initiating
468	closure, after any suspension of service, or after notifying
469	clients of closure or suspension of service, unless the action
470	is a result of a disaster at the licensed premises. For the
471	purposes of this section, the term "disaster" means a sudden
472	emergency occurrence beyond the control of the licensee, whether
473	natural, technological, or manmade, which renders the provider
474	inoperable at the premises. Upon agency approval, the provider
475	shall notify clients of any necessary discharge or transfer as
476	required by authorizing statutes or applicable rules. The
477	beginning of the inactive license period is the date the
478	provider ceases operations. The end of the inactive license
479	period shall become the license expiration date. All licensure
480	fees must be current, must be paid in full, and may be prorated.
481	Reactivation of an inactive license requires the approval of a
482	renewal application, including payment of licensure fees and
483	agency inspections indicating compliance with all requirements
484	of this part, authorizing statutes, and applicable rules.
485	(4)  OTHER LICENSES.--Other types of license categories may
486	be issued pursuant to authorizing statutes or applicable rules.
487	408.809  Background screening; prohibited offenses.--
488	(1)  Level 2 background screening pursuant to chapter 435
489	must be conducted through the agency on each of the following
490	persons, who shall be considered an employee for the purposes of
491	conducting screening under chapter 435:
492	(a)  The licensee, if an individual.
493	(b)  The administrator or a similarly titled person who is
494	responsible for the day-to-day operation of the provider.
495	(c)  The financial officer or similarly titled individual
496	who is responsible for the financial operation of the licensee
497	or provider.
498	(d)  Any person who is a controlling interest if the agency
499	has reason to believe that such person has been convicted of any
500	offense prohibited by s. 435.04. For each controlling interest
501	who has been convicted of any such offense, the licensee shall
502	submit to the agency a description and explanation of the
503	conviction at the time of license application.
504	(2)  Proof of compliance with level 2 screening standards
505	submitted within the previous 5 years to meet any provider or
506	professional licensure requirements of the agency, the
507	Department of Health, the Agency for Persons with Disabilities,
508	or the Department of Children and Family Services satisfies the
509	requirements of this section, provided that such proof is
510	accompanied, under penalty of perjury, by an affidavit of
511	compliance with the provisions of chapter 435 using forms
512	provided by the agency. Proof of compliance with the background
513	screening requirements of the Department of Financial Services
514	submitted within the previous 5 years for an applicant for a
515	certificate of authority to operate a continuing care retirement
516	community under chapter 651 satisfies the Department of Law
517	Enforcement and Federal Bureau of Investigation portions of a
518	level 2 background check.
519	(3)  A provisional license may be granted to an applicant
520	when each individual required by this section to undergo
521	background screening has met the standards for the Department of
522	Law Enforcement background check but the agency has not yet
523	received background screening results from the Federal Bureau of
524	Investigation. A standard license may be granted to the licensee
525	upon the agency's receipt of a report of the results of the
526	Federal Bureau of Investigation background screening for each
527	individual required by this section to undergo background
528	screening that confirms that all standards have been met or upon
529	the granting of an exemption from disqualification by the agency
530	as set forth in chapter 435.
531	(4)  When a person is newly employed in a capacity that
532	requires screening under this section, the licensee must notify
533	the agency of the change within the time period specified in the
534	authorizing statute or rules and must submit to the agency
535	information necessary to conduct level 2 screening or provide
536	evidence of compliance with background screening requirements of
537	this section. The person may serve in his or her capacity
538	pending the agency's receipt of the report from the Federal
539	Bureau of Investigation if he or she has met the standards for
540	the Department of Law Enforcement background check. However, the
541	person may not continue to serve in his or her capacity if the
542	report indicates any violation of background screening standards
543	unless an exemption from disqualification has been granted by
544	the agency as set forth in chapter 435.
545	(5)  Background screening is not required to obtain a
546	certificate of exemption issued under s. 483.106.
547	408.810  Minimum licensure requirements.--In addition to
548	the licensure requirements specified in this part, authorizing
549	statutes, and applicable rules, each applicant and licensee must
550	comply with the requirements of this section in order to obtain
551	and maintain a license.
552	(1)  An applicant for licensure must comply with the
553	background screening requirements of s. 408.809.
554	(2)  An applicant for licensure must provide a description
555	and explanation of any exclusions, suspensions, or terminations
556	of the applicant from the Medicare, Medicaid, or federal
557	Clinical Laboratory Improvement Amendment (CLIA) programs.
558	(3)  Unless otherwise specified in this part, authorizing
559	statutes, or applicable rules, any information required to be
560	reported to the agency must be submitted within 21 calendar days
561	after the report period or effective date of the information.
562	(4)  Whenever a licensee discontinues operation of a
563	provider:
564	(a)  The licensee must inform the agency not less than 30
565	days prior to the discontinuance of operation and inform clients
566	of such discontinuance as required by authorizing statutes.
567	Immediately upon discontinuance of operation by a provider, the
568	licensee shall surrender the license to the agency and the
569	license shall be canceled.
570	(b)  The licensee shall remain responsible for retaining
571	and appropriately distributing all records within the timeframes
572	prescribed in authorizing statutes and applicable rules. In
573	addition, the licensee or, in the event of death or dissolution
574	of a licensee, the estate or agent of the licensee shall:
575	1.  Make arrangements to forward records for each client to
576	one of the following, based upon the client's choice: the client
577	or the client's legal representative, the client's attending
578	physician, or the health care provider where the client
579	currently receives services; or
580	2.  Cause a notice to be published in the newspaper of
581	greatest general circulation in the county in which the provider
582	was located that advises clients of the discontinuance of the
583	provider operation. The notice must inform clients that they may
584	obtain copies of their records and specify the name, address,
585	and telephone number of the person from whom the copies of
586	records may be obtained. The notice must appear at least once a
587	week for 4 consecutive weeks.
588	(5)(a)  On or before the first day services are provided to
589	a client, a licensee must inform the client and his or her
590	immediate family or representative, if appropriate, of the right
591	to report:
592	1.  Complaints. The statewide toll-free telephone number
593	for reporting complaints to the agency must be provided to
594	clients in a manner that is clearly legible and must include the
595	words: "To report a complaint regarding the services you
596	receive, please call toll-free (phone number)."
597	2.  Abusive, neglectful, or exploitative practices. The
598	statewide toll-free telephone number for the central abuse
599	hotline must be provided to clients in a manner that is clearly
600	legible and must include the words: "To report abuse, neglect,
601	or exploitation, please call toll-free (phone number)." The
602	agency shall publish a minimum of a 90-day advance notice of a
603	change in the toll-free telephone numbers.
604	(b)  Each licensee shall establish appropriate policies and
605	procedures for providing such notice to clients.
606	(6)  An applicant must provide the agency with proof of the
607	applicant's legal right to occupy the property before a license
608	may be issued. Proof may include, but need not be limited to,
609	copies of warranty deeds, lease or rental agreements, contracts
610	for deeds, quitclaim deeds, or other such documentation.
611	(7)  If proof of insurance is required by the authorizing
612	statute, that insurance must be in compliance with chapter 624,
613	chapter 626, chapter 627, or chapter 628 and with agency rules.
614	(8)  Upon application for initial licensure or change of
615	ownership licensure, the applicant shall furnish satisfactory
616	proof of the applicant's financial ability to operate in
617	accordance with the requirements of this part, authorizing
618	statutes, and applicable rules. The agency shall establish
619	standards for this purpose, including information concerning the
620	applicant's controlling interests. The agency shall also
621	establish documentation requirements, to be completed by each
622	applicant, that show anticipated provider revenues and
623	expenditures, the basis for financing the anticipated cash-flow
624	requirements of the provider, and an applicant's access to
625	contingency financing. A current certificate of authority,
626	pursuant to chapter 651, may be provided as proof of financial
627	ability to operate. The agency may require a licensee to provide
628	proof of financial ability to operate at any time if there is
629	evidence of financial instability, including, but not limited
630	to, unpaid expenses necessary for the basic operations of the
631	provider.
632	(9)  A controlling interest may not withhold from the
633	agency any evidence of financial instability, including, but not
634	limited to, checks returned due to insufficient funds,
635	delinquent accounts, nonpayment of withholding taxes, unpaid
636	utility expenses, nonpayment for essential services, or adverse
637	court action concerning the financial viability of the provider
638	or any other provider licensed under this part that is under the
639	control of the controlling interest. Any person who violates
640	this subsection commits a misdemeanor of the second degree,
641	punishable as provided in s. 775.082 or s. 775.083. Each day of
642	continuing violation is a separate offense.
643	(10)  The agency may not issue a license to a health care
644	provider subject to the certificate-of-need provisions in part I
645	of this chapter if the health care provider has not been issued
646	a certificate of need or an exemption. Upon initial licensure of
647	any such provider, the authorization contained in the
648	certificate of need shall be considered fully implemented and
649	merged into the license and shall have no force and effect upon
650	termination of the license for any reason.
651	408.811  Right of inspection; copies; inspection reports.--
652	(1)  An authorized officer or employee of the agency may
653	make or cause to be made any inspection or investigation deemed
654	necessary by the agency to determine the state of compliance
655	with this part, authorizing statutes, and applicable rules. The
656	right of inspection extends to any business that the agency has
657	reason to believe is being operated as a provider without a
658	license, but inspection of any business suspected of being
659	operated without the appropriate license may not be made without
660	the permission of the owner or person in charge unless a warrant
661	is first obtained from a circuit court. Any application for a
662	license issued under this part, authorizing statutes, or
663	applicable rules constitutes permission for an appropriate
664	inspection to verify the information submitted on or in
665	connection with the application.
666	(a)  All inspections shall be unannounced, except as
667	specified in s. 408.806.
668	(b)  Inspections for relicensure shall be conducted
669	biennially unless otherwise specified by authorizing statutes or
670	applicable rules.
671	(2)  Inspections conducted in conjunction with
672	certification may be accepted in lieu of a complete licensure
673	inspection. However, a licensure inspection may also be
674	conducted to review any licensure requirements that are not also
675	requirements for certification.
676	(3)  The agency shall have access to and the licensee shall
677	provide copies of all provider records required during an
678	inspection at no cost to the agency.
679	(4)(a)  Each licensee shall maintain as public information,
680	available upon request, records of all inspection reports
681	pertaining to that provider that have been filed by the agency
682	unless those reports are exempt from or contain information that
683	is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
684	Constitution or is otherwise made confidential by law. Effective
685	October 1, 2006, copies of such reports shall be retained in the
686	records of the provider for at least 3 years following the date
687	the reports are filed and issued, regardless of a change of
688	ownership.
689	(b)  A licensee shall, upon the request of any person who
690	has completed a written application with intent to be admitted
691	by such provider, any person who is a client of such provider,
692	or any relative, spouse, or guardian of any such person, furnish
693	to the requester a copy of the last inspection report pertaining
694	to the licensed provider that was issued by the agency or by an
695	accrediting organization if such report is used in lieu of a
696	licensure inspection.
697	408.812  Unlicensed activity.--
698	(1)  A person or entity may not offer or advertise services
699	that require licensure as defined by this part, authorizing
700	statutes, or applicable rules to the public without obtaining a
701	valid license from the agency. A licenseholder may not advertise
702	or hold out to the public that he or she holds a license for
703	other than that for which he or she actually holds the license.
704	(2)  The operation or maintenance of an unlicensed provider
705	or the performance of any services that require licensure
706	without proper licensure is a violation of this part and
707	authorizing statutes. Unlicensed activity constitutes harm that
708	materially affects the health, safety, and welfare of clients.
709	The agency or any state attorney may, in addition to other
710	remedies provided in this part, bring an action for an
711	injunction to restrain such violation, or to enjoin the future
712	operation or maintenance of the unlicensed provider or the
713	performance of any services in violation of this part and
714	authorizing statutes, until compliance with this part,
715	authorizing statutes, and agency rules has been demonstrated to
716	the satisfaction of the agency.
717	(3)  It is unlawful for any person or entity to own,
718	operate, or maintain an unlicensed provider. If after receiving
719	notification from the agency, such person or entity fails to
720	cease operation and apply for a license under this part and
721	authorizing statutes, the person or entity shall be subject to
722	penalties as prescribed by authorizing statutes and applicable
723	rules. Each day of continued operation is a separate offense.
724	(4)  Any person or entity that fails to cease operation
725	after agency notification may be fined $1,000 for each day of
726	noncompliance.
727	(5)  When a controlling interest or licensee has an
728	interest in more than one provider and fails to license a
729	provider rendering services that require licensure, the agency
730	may revoke all licenses and impose actions under s. 408.814 and
731	a fine of $1,000 per day, unless otherwise specified by
732	authorizing statutes, against each licensee until such time as
733	the appropriate license is obtained for the unlicensed
734	operation.
735	(6)  In addition to granting injunctive relief pursuant to
736	subsection (2), if the agency determines that a person or entity
737	is operating or maintaining a provider without obtaining a
738	license and determines that a condition exists that poses a
739	threat to the health, safety, or welfare of a client of the
740	provider, the person or entity is subject to the same actions
741	and fines imposed against a licensee as specified in this part,
742	authorizing statutes, and agency rules.
743	(7)  Any person aware of the operation of an unlicensed
744	provider must report that provider to the agency.
745	408.813  Administrative fines.--As a penalty for any
746	violation of this part, authorizing statutes, or applicable
747	rules, the agency may impose an administrative fine. Unless the
748	amount or aggregate limitation of the fine is prescribed by
749	authorizing statutes or applicable rules, the agency may
750	establish criteria by rule for the amount or aggregate
751	limitation of administrative fines applicable to this part,
752	authorizing statutes, and applicable rules. Each day of
753	violation constitutes a separate violation and is subject to a
754	separate fine. For fines imposed by final order of the agency
755	and not subject to further appeal, the violator shall pay the
756	fine plus interest at the rate specified in s. 55.03 for each
757	day beyond the date set by the agency for payment of the fine.
758	408.814  Moratorium; emergency suspension.--
759	(1)  The agency may impose an immediate moratorium or
760	emergency suspension as defined in s. 120.60 on any provider if
761	the agency determines that any condition related to the provider
762	or licensee presents a threat to the health, safety, or welfare
763	of a client.
764	(2)  A provider or licensee, the license of which is denied
765	or revoked, may be subject to immediate imposition of a
766	moratorium or emergency suspension to run concurrently with
767	licensure denial, revocation, or injunction.
768	(3)  A moratorium or emergency suspension remains in effect
769	after a change of ownership, unless the agency has determined
770	that the conditions that created the moratorium, emergency
771	suspension, or denial of licensure have been corrected.
772	(4)  When a moratorium or emergency suspension is placed on
773	a provider or licensee, notice of the action shall be posted and
774	visible to the public at the location of the provider until the
775	action is lifted.
776	408.815  License or application denial; revocation.--
777	(1)  In addition to the grounds provided in authorizing
778	statutes, grounds that may be used by the agency for denying and
779	revoking a license or change of ownership application include
780	any of the following actions by a controlling interest:
781	(a)  False representation of a material fact in the license
782	application or omission of any material fact from the
783	application.
784	(b)  An intentional or negligent act materially affecting
785	the health or safety of a client of the provider.
786	(c)  A violation of this part, authorizing statutes, or
787	applicable rules.
788	(d)  A demonstrated pattern of deficient performance.
789	(e)  The applicant, licensee, or controlling interest has
790	been or is currently excluded, suspended, or terminated from
791	participation in the state Medicaid program, the Medicaid
792	program of any other state, or the Medicare program.
793	(2)  If a licensee lawfully continues to operate while a
794	denial or revocation is pending in litigation, the licensee must
795	continue to meet all other requirements of this part,
796	authorizing statutes, and applicable rules and must file
797	subsequent renewal applications for licensure and pay all
798	licensure fees. The provisions of ss. 120.60(1) and
799	408.806(3)(c) shall not apply to renewal applications filed
800	during the time period in which the litigation of the denial or
801	revocation is pending until that litigation is final.
802	(3)  An action under s. 408.814 or denial of the license of
803	the transferor may be grounds for denial of a change of
804	ownership application of the transferee.
805	408.816  Injunctions.--
806	(1)  In addition to the other powers provided by this part,
807	authorizing statutes, and applicable rules, the agency may
808	institute injunction proceedings in a court of competent
809	jurisdiction to:
810	(a)  Restrain or prevent the establishment or operation of
811	a provider that does not have a license or is in violation of
812	any provision of this part, authorizing statutes, or applicable
813	rules. The agency may also institute injunction proceedings in a
814	court of competent jurisdiction when a violation of this part,
815	authorizing statutes, or applicable rules constitutes an
816	emergency affecting the immediate health and safety of a client.
817	(b)  Enforce the provisions of this part, authorizing
818	statutes, or any minimum standard, rule, or order issued or
819	entered into pursuant thereto when the attempt by the agency to
820	correct a violation through administrative sanctions has failed
821	or when the violation materially affects the health, safety, or
822	welfare of clients or involves any operation of an unlicensed
823	provider.
824	(c)  Terminate the operation of a provider when a violation
825	of any provision of this part, authorizing statutes, or any
826	standard or rule adopted pursuant thereto exists that materially
827	affects the health, safety, or welfare of a client.
828
829	Such injunctive relief may be temporary or permanent.
830	(2)  If action is necessary to protect clients of providers
831	from immediate, life-threatening situations, the court may allow
832	a temporary injunction without bond upon proper proofs being
833	made. If it appears by competent evidence or a sworn,
834	substantiated affidavit that a temporary injunction should be
835	issued, the court, pending the determination on final hearing,
836	shall enjoin the operation of the provider.
837	408.817  Administrative proceedings.--Administrative
838	proceedings challenging agency licensure enforcement action
839	shall be reviewed on the basis of the facts and conditions that
840	resulted in the agency action.
841	408.818  Health Care Trust Fund.--Unless otherwise
842	prescribed by authorizing statutes, all fees and fines collected
843	under this part, authorizing statutes, and applicable rules
844	shall be deposited into the Health Care Trust Fund, created in
845	s. 408.16, and used to pay the costs of the agency in
846	administering the provider program paying the fees or fines.
847	408.819  Rules.--The agency is authorized to adopt rules as
848	necessary to administer this part. Any licensed provider that is
849	in operation at the time of adoption of any applicable rule
850	under this part or authorizing statutes shall be given a
851	reasonable time under the particular circumstances, not to
852	exceed 6 months after the date of such adoption, within which to
853	comply with such rule, unless otherwise specified by rule.
854	408.820  Exemptions.--Except as prescribed in authorizing
855	statutes, the following exemptions shall apply to specified
856	requirements of this part:
857	(1)  Laboratories authorized to perform testing under the
858	Drug-Free Workplace Act, as provided under ss. 112.0455 and
859	440.102, are exempt from s. 408.810(5)-(10).
860	(2)  Birth centers, as provided under chapter 383, are
861	exempt from s. 408.810(7)-(10).
862	(3)  Abortion clinics, as provided under chapter 390, are
863	exempt from s. 408.810(7)-(10).
864	(4)  Crisis stabilization units, as provided under parts I
865	and IV of chapter 394, are exempt from s. 408.810(8)-(10).
866	(5)  Short-term residential treatment facilities, as
867	provided under parts I and IV of chapter 394, are exempt from s.
868	408.810(8)-(10).
869	(6)  Residential treatment facilities, as provided under
870	part IV of chapter 394, are exempt from s. 408.810(8)-(10).
871	(7)  Residential treatment centers for children and
872	adolescents, as provided under part IV of chapter 394, are
873	exempt from s. 408.810(8)-(10).
874	(8)  Hospitals, as provided under part I of chapter 395,
875	are exempt from s. 408.810(7)-(9).
876	(9)  Ambulatory surgical centers, as provided under part I
877	of chapter 395, are exempt from s. 408.810(7)-(10).
878	(10)  Mobile surgical facilities, as provided under part I
879	of chapter 395, are exempt from s. 408.810(7)-(10).
880	(11)  Private review agents, as provided under part I of
881	chapter 395, are exempt from ss. 408.806(7), 408.810, and
882	408.811.
883	(12)  Health care risk managers, as provided under part I
884	of chapter 395, are exempt from ss. 408.806(7), 408.810, and
885	408.811.
886	(13)  Nursing homes, as provided under part II of chapter
887	400, are exempt from s. 408.810(7).
888	(14)  Assisted living facilities, as provided under part
889	III of chapter 400, are exempt from s. 408.810(10).
890	(15)  Home health agencies, as provided under part IV of
891	chapter 400, are exempt from s. 408.810(10).
892	(16)  Nurse registries, as provided under part IV of
893	chapter 400, are exempt from s. 408.810(6) and (10).
894	(17)  Companion services or homemaker services providers,
895	as provided under part IV of chapter 400, are exempt from s.
896	408.810(6)-(10).
897	(18)  Adult day care centers, as provided under part V of
898	chapter 400, are exempt from s. 408.810(10).
899	(19)  Adult family-care homes, as provided under part VII
900	of chapter 400, are exempt from s. 408.810(7)-(10).
901	(20)  Homes for special services, as provided under part
902	VIII of chapter 400, are exempt from s. 408.810(7)-(10).
903	(21)  Transitional living facilities, as provided under
904	part VIII of chapter 400, are exempt from s. 408.810(7)-(10).
905	(22)  Prescribed pediatric extended care centers, as
906	provided under part IX of chapter 400, are exempt from s.
907	408.810(10).
908	(23)  Home medical equipment providers, as provided under
909	part X of chapter 400, are exempt from s. 408.810(10).
910	(24)  Intermediate care facilities for persons with
911	developmental disabilities, as provided under part XI of chapter
912	400, are exempt from s. 408.810(7).
913	(25)  Health care services pools, as provided under part
914	XII of chapter 400, are exempt from s. 408.810(6)-(10).
915	(26)  Health care clinics, as provided under part XIII of
916	chapter 400, are exempt from ss. 408.809 and 408.810(1), (6),
917	(7), and (10).
918	(27)  Clinical laboratories, as provided under part I of
919	chapter 483, are exempt from s. 408.810(5)-(10).
920	(28)  Multiphasic health testing centers, as provided under
921	part II of chapter 483, are exempt from s. 408.810(5)-(10).
922	(29)  Organ and tissue procurement agencies, as provided
923	under chapter 765, are exempt from s. 408.810(5)-(10).
924	Section 6.  Paragraph (b) of subsection (1) of section
925	400.801, Florida Statutes, is amended to read:
926	400.801  Homes for special services.--
927	(1)  As used in this section, the term:
928	(b)  "Home for special services" means a site licensed by
929	the agency prior to January 1, 2006, where specialized health
930	care services are provided, including personal and custodial
931	care, but not continuous nursing services.
932	Section 7.  Paragraphs (e) and (i) of subsection (4) of
933	section 400.9905, Florida Statutes, are amended, and paragraph
934	(k) is added to that subsection, to read:
935	400.9905  Definitions.--
936	(4)  "Clinic" means an entity at which health care services
937	are provided to individuals and which tenders charges for
938	reimbursement for such services, including a mobile clinic and a
939	portable equipment provider. For purposes of this part, the term
940	does not include and the licensure requirements of this part do
941	not apply to:
942	(e)  An entity that is exempt from federal taxation under
943	26 U.S.C. s. 501(c)(3) or s. 501(c)(4), an employee stock
944	ownership plan under 26 U.S.C. s. 409 that has a board of
945	trustees not less than two-thirds of which are Florida-licensed
946	health care practitioners and provides only physical therapy
947	services under physician orders, any community college or
948	university clinic, and any entity owned or operated by the
949	federal or state government, including agencies, subdivisions,
950	or municipalities thereof.
951	(i)  Entities that provide only oncology or radiation
952	therapy services by physicians licensed under chapter 458 or
953	chapter 459 which are owned by a corporation whose shares are
954	publicly traded on a recognized stock exchange.
955	(k)  Entities that provide licensed practitioners to staff
956	emergency departments or to deliver anesthesia services in
957	facilities licensed under chapter 395 and that derive at least
958	90 percent of their gross annual revenues from the provision of
959	such services. Entities claiming an exemption from licensure
960	under this paragraph must provide documentation demonstrating
961	compliance.
962	Section 8.  Paragraphs (f) through (s) of subsection (3) of
963	section 408.036, Florida Statutes, are redesignated as
964	paragraphs (g) through (t), respectively, and a new paragraph
965	(f) is added to that subsection to read:
966	408.036  Projects subject to review; exemptions.--
967	(3)  EXEMPTIONS.--Upon request, the following projects are
968	subject to exemption from the provisions of subsection (1):
969	(f)  For the creation of a single nursing home within a
970	district by combining licensed beds from two or more licensed
971	nursing homes within such district, regardless of subdistrict
972	boundaries, if 50 percent of the beds in the created nursing
973	home are transferred from the only nursing home in a county and
974	its utilization data demonstrate that it had an occupancy rate
975	of less than 75 percent for the 12-month period ending 90 days
976	before the request for the exemption. This paragraph is repealed
977	upon the expiration of the moratorium established in s.
978	651.1185(1).
979	Section 9.  Subsections (1) and (3) of section 408.831,
980	Florida Statutes, are amended to read:
981	408.831  Denial, suspension, or revocation of a license,
982	registration, certificate, or application.--
983	(1)  In addition to any other remedies provided by law, the
984	agency may deny each application or suspend or revoke each
985	license, registration, or certificate of entities regulated or
986	licensed by it:
987	(a)  If the applicant, licensee, or a licensee subject to
988	this part which shares a common controlling interest with the
989	applicant registrant, or certificateholder, or, in the case of a
990	corporation, partnership, or other business entity, if any
991	officer, director, agent, or managing employee of that business
992	entity or any affiliated person, partner, or shareholder having
993	an ownership interest equal to 5 percent or greater in that
994	business entity, has failed to pay all outstanding fines, liens,
995	or overpayments assessed by final order of the agency or final
996	order of the Centers for Medicare and Medicaid Services, not
997	subject to further appeal, unless a repayment plan is approved
998	by the agency; or
999	(b)  For failure to comply with any repayment plan.
1000	(3)  This section provides standards of enforcement
1001	applicable to all entities licensed or regulated by the Agency
1002	for Health Care Administration. This section controls over any
1003	conflicting provisions of chapters 39, 381, 383, 390, 391, 393,
1004	394, 395, 400, 408, 468, 483, and 765 641 or rules adopted
1005	pursuant to those chapters.
1006	Section 10.  In case of conflict between the provisions of
1007	part II of chapter 408, Florida Statutes, and the authorizing
1008	statutes governing the licensure of health care providers by the
1009	Agency for Health Care Administration found in s. 112.0455 and
1010	chapters 383, 390, 394, 395, 400, 440, 483, and 765, Florida
1011	Statutes, the provisions of part II of chapter 408, Florida
1012	Statutes, shall prevail.
1013	Section 11.  All provisions that apply to the entities
1014	specified in s. 408.802, Florida Statutes, as created by this
1015	act, in effect on October 1, 2006, that provide for annual
1016	licensure fees are hereby adjusted to provide for biennial
1017	licensure fees with a corresponding doubling of the amount.
1018	Section 12.  The Legislature recognizes that there is a
1019	need to conform the Florida Statutes to the policy decisions
1020	reflected in this act and that there may be a need to resolve
1021	apparent conflicts between any changes or additions to the
1022	authorizing statutes, as defined in s. 408.803, Florida
1023	Statutes, or any other legislation that has been or may be
1024	enacted during 2006 and this chapter 408, Florida Statutes, as
1025	amended by this act. Therefore, in the interim between this act
1026	becoming a law and the 2007 Regular Session of the Legislature
1027	or an earlier special session addressing this issue, the
1028	Division of Statutory Revision shall provide the relevant
1029	substantive committees of the Senate and the House of
1030	Representatives with assistance, upon request, to enable such
1031	committees to prepare draft legislation to conform the Florida
1032	Statutes and any legislation enacted during 2006 to the
1033	provisions of this act.
1034	Section 13.  For the purpose of staggering license
1035	expiration dates, the Agency for Health Care Administration may
1036	issue a license for less than a 2-year period to those providers
1037	making the transition from annual to biennial licensure as
1038	authorized in this act. The agency shall charge a prorated
1039	licensure fee for this shortened period. This authority shall
1040	expire September 30, 2008.
1041	Section 14.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.