Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2354
                        Barcode 481236
                            CHAMBER ACTION
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 1           Comm: FAV             .                    
       04/19/2007 06:08 PM         .                    
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11  The Committee on Health Regulation (Lawson) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (4) of section 400.9905, Florida
19  Statutes, is amended to read:
20         400.9905  Definitions.--
21         (4)  "Clinic" means an entity at which health care
22  services are provided to individuals and which tenders charges
23  for reimbursement for such services, including a mobile clinic
24  and a portable equipment provider. For purposes of this part,
25  the term does not include and the licensure requirements of
26  this part do not apply to:
27         (a)  Entities licensed or registered by the state under
28  chapter 395; or entities licensed or registered by the state
29  and providing only health care services within the scope of
30  services authorized under their respective licenses granted
31  under ss. 383.30-383.335, chapter 390, chapter 394, chapter
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 397, this chapter except part X, chapter 429, chapter 463, 2 chapter 465, chapter 466, chapter 478, part I of chapter 483, 3 chapter 484, or chapter 651; end-stage renal disease providers 4 authorized under 42 C.F.R. part 405, subpart U; or providers 5 certified under 42 C.F.R. part 485, subpart B or subpart H; or 6 any entity that provides neonatal or pediatric hospital-based 7 health care services or other health care services by licensed 8 practitioners solely within a hospital licensed under chapter 9 395. 10 (b) Entities that own, directly or indirectly, 11 entities licensed or registered by the state pursuant to 12 chapter 395; or entities that own, directly or indirectly, 13 entities licensed or registered by the state and providing 14 only health care services within the scope of services 15 authorized pursuant to their respective licenses granted under 16 ss. 383.30-383.335, chapter 390, chapter 394, chapter 397, 17 this chapter except part X, chapter 429, chapter 463, chapter 18 465, chapter 466, chapter 478, part I of chapter 483, chapter 19 484, chapter 651; end-stage renal disease providers authorized 20 under 42 C.F.R. part 405, subpart U; or providers certified 21 under 42 C.F.R. part 485, subpart B or subpart H; or any 22 entity that provides neonatal or pediatric hospital-based 23 health care services by licensed practitioners solely within a 24 hospital licensed under chapter 395. 25 (c) Entities that are owned, directly or indirectly, 26 by an entity licensed or registered by the state pursuant to 27 chapter 395; or entities that are owned, directly or 28 indirectly, by an entity licensed or registered by the state 29 and providing only health care services within the scope of 30 services authorized pursuant to their respective licenses 31 granted under ss. 383.30-383.335, chapter 390, chapter 394, 2 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 chapter 397, this chapter except part X, chapter 429, chapter 2 463, chapter 465, chapter 466, chapter 478, part I of chapter 3 483, chapter 484, or chapter 651; end-stage renal disease 4 providers authorized under 42 C.F.R. part 405, subpart U; or 5 providers certified under 42 C.F.R. part 485, subpart B or 6 subpart H; or any entity that provides neonatal or pediatric 7 hospital-based health care services by licensed practitioners 8 solely within a hospital under chapter 395. 9 (d) Entities that are under common ownership, directly 10 or indirectly, with an entity licensed or registered by the 11 state pursuant to chapter 395; or entities that are under 12 common ownership, directly or indirectly, with an entity 13 licensed or registered by the state and providing only health 14 care services within the scope of services authorized pursuant 15 to their respective licenses granted under ss. 383.30-383.335, 16 chapter 390, chapter 394, chapter 397, this chapter except 17 part X, chapter 429, chapter 463, chapter 465, chapter 466, 18 chapter 478, part I of chapter 483, chapter 484, or chapter 19 651; end-stage renal disease providers authorized under 42 20 C.F.R. part 405, subpart U; or providers certified under 42 21 C.F.R. part 485, subpart B or subpart H; or any entity that 22 provides neonatal or pediatric hospital-based health care 23 services by licensed practitioners solely within a hospital 24 licensed under chapter 395. 25 (e) An entity that is exempt from federal taxation 26 under 26 U.S.C. s. 501(c)(3) or (4), an employee stock 27 ownership plan under 26 U.S.C. s. 409 that has a board of 28 trustees not less than two-thirds of which are 29 Florida-licensed health care practitioners and provides only 30 physical therapy services under physician orders, any 31 community college or university clinic, and any entity owned 3 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 or operated by the federal or state government, including 2 agencies, subdivisions, or municipalities thereof. 3 (f) A sole proprietorship, group practice, 4 partnership, or corporation, or other legal entity that 5 provides health care services by physicians licensed under 6 chapter 458, chapter 459, chapter 460, chapter 461, or chapter 7 466 covered by s. 627.419, that is directly supervised by one 8 or more of such physicians, and that is wholly owned by one or 9 more of those physicians or by a physician and the spouse, 10 parent, child, or sibling of that physician. 11 (g) A sole proprietorship, group practice, 12 partnership, or corporation, or other legal entity that 13 provides health care services by licensed health care 14 practitioners under chapter 457, physician assistants under 15 chapter 458, chapter 459, chapter 460, or chapter 461, or 16 practitioners under chapter 462, chapter 463, chapter 466, 17 chapter 467, chapter 480, chapter 484, chapter 486, chapter 18 490, chapter 491, or part I, part III, part X, part XIII, or 19 part XIV of chapter 468, or s. 464.012, which entities are 20 wholly owned by one or more licensed health care 21 practitioners, or the licensed health care practitioners set 22 forth in this paragraph and the spouse, parent, child, or 23 sibling of a licensed health care practitioner, so long as one 24 of the owners who is a licensed health care practitioner is 25 supervising the health care services business activities and 26 is legally responsible for the entity's compliance with all 27 federal and state laws. However, health care services provided 28 may not exceed the scope of the licensed owner's health care a 29 health care practitioner may not supervise services beyond the 30 scope of the practitioner's license, except that, for the 31 purposes of this part, a clinic owned by a licensee in s. 4 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 456.053(3)(b) that provides only services authorized pursuant 2 to s. 456.053(3)(b) may be supervised by a licensee specified 3 in s. 456.053(3)(b). 4 (h) Clinical facilities affiliated with an accredited 5 medical school at which training is provided for medical 6 students, residents, or fellows. 7 (i) Entities that provide only oncology or radiation 8 therapy services by physicians licensed under chapter 458 or 9 chapter 459 or entities that provide oncology or radiation 10 therapy services by physicians licensed under chapter 458 or 11 chapter 459 which are owned by a corporation whose shares are 12 publicly traded on a recognized stock exchange. 13 (j) Clinical facilities affiliated with a college of 14 chiropractic accredited by the Council on Chiropractic 15 Education at which training is provided for chiropractic 16 students. 17 (k) Entities that provide licensed practitioners to 18 staff emergency departments or to deliver anesthesia services 19 in facilities licensed under chapter 395 and that derive at 20 least 90 percent of their gross annual revenues from the 21 provision of such services. Entities claiming an exemption 22 from licensure under this paragraph must provide documentation 23 demonstrating compliance. 24 (l) Clinical facilities that are wholly owned, 25 directly or indirectly, by a publicly traded corporation. As 26 used in this paragraph, the term "publicly traded corporation" 27 means a corporation that issues securities traded on an 28 exchange registered with the United States Securities and 29 Exchange Commission as a national securities exchange. 30 Section 2. Section 400.991, Florida Statutes, is 31 amended to read: 5 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 400.991 License requirements; background screenings; 2 prohibitions.-- 3 (1)(a) Each clinic, as defined in s. 400.9905, must be 4 licensed and shall at all times maintain a valid license with 5 the agency. Each clinic location shall be licensed separately 6 regardless of whether the clinic is operated under the same 7 business name or management as another clinic. 8 (b) Each mobile clinic must obtain a separate health 9 care clinic license and must provide to the agency, at least 10 quarterly, its projected street location to enable the agency 11 to locate and inspect such clinic. A portable equipment 12 provider must obtain a health care clinic license for a single 13 administrative office and is not required to submit quarterly 14 projected street locations. 15 (2) The initial clinic license application shall be 16 filed with the agency by all clinics, as defined in s. 17 400.9905, on or before July 1, 2004. A clinic license must be 18 renewed biennially. 19 (3) Applicants that submit an application on or before 20 July 1, 2004, which meets all requirements for initial 21 licensure as specified in this section shall receive a 22 temporary license until the completion of an initial 23 inspection verifying that the applicant meets all requirements 24 in rules authorized in s. 400.9925. However, a clinic engaged 25 in magnetic resonance imaging services may not receive a 26 temporary license unless it presents evidence satisfactory to 27 the agency that such clinic is making a good faith effort and 28 substantial progress in seeking accreditation required under 29 s. 400.9935. 30 (4) Application for an initial clinic license or for 31 renewal of an existing license shall be notarized on forms 6 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 furnished by the agency and must be accompanied by the 2 appropriate license fee as provided in s. 400.9925. The agency 3 shall take final action on an initial license application 4 within 60 days after receipt of all required documentation. 5 (5)(a) The application shall contain information that 6 includes, but need not be limited to, information pertaining 7 to the name, residence and business address, phone number, 8 social security number, and license number of the medical or 9 clinic director, of the licensed medical providers employed or 10 under contract with the clinic, and of each person who, 11 directly or indirectly, owns or controls 5 percent or more of 12 an interest in the clinic, or general partners in limited 13 liability partnerships. 14 (b) Any person having a financial interest in a 15 clinic, directly or indirectly, as set forth in this paragraph 16 is subject to background screening requirements under this 17 part. This includes any person who may or may not own stock or 18 an equivalent interest in the clinic, but nonetheless has 19 control over or the authority to approve, directly or 20 indirectly, clinic billing, policy, business activities, or 21 personnel decisions, including, but not limited to, contracted 22 or employed persons or entities, managers, and management 23 companies performing third-party billing services and persons 24 and entities, directly or indirectly, which lend, give, or 25 gift money of any denomination or any thing of value exceeding 26 an aggregate of $5,000 for clinic use, with or without an 27 expectation of a return of the money or thing of value, and 28 regardless of profit motive. 29 (c) The agency may adopt rules to administer this 30 subsection. 31 (6) The applicant must file with the application 7 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 satisfactory proof that the clinic is in compliance with this 2 part and applicable rules, including: 3 (a) A listing of services to be provided either 4 directly by the applicant or through contractual arrangements 5 with existing providers; 6 (b) The number and discipline of each professional 7 staff member to be employed; and 8 (c) Proof of financial ability to operate. An 9 applicant must demonstrate financial ability to operate a 10 clinic by submitting a balance sheet and an income and expense 11 statement for the first year of operation which provide 12 evidence of the applicant's having sufficient assets, credit, 13 and projected revenues to cover liabilities and expenses. The 14 applicant shall have demonstrated financial ability to operate 15 if the applicant's assets, credit, and projected revenues meet 16 or exceed projected liabilities and expenses. All documents 17 required under this subsection must be prepared in accordance 18 with generally accepted accounting principles, may be in a 19 compilation form, and the financial statement must be signed 20 by a certified public accountant. As an alternative to 21 submitting a balance sheet and an income and expense statement 22 for the first year of operation, the applicant may file a 23 surety bond of at least $500,000 which guarantees that the 24 clinic will act in full conformity with all legal requirements 25 for operating a clinic, payable to the agency. The agency may 26 adopt rules to specify related requirements for such surety 27 bond. 28 (7) Each applicant for licensure shall comply with the 29 following requirements: 30 (a) As used in this subsection, the term "applicant" 31 means an individual individuals owning or controlling, 8 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 directly or indirectly, 5 percent or more of an interest in a 2 clinic; the medical or clinic director, or a similarly titled 3 person who is responsible for the day-to-day operation of the 4 licensed clinic; the financial officer or similarly titled 5 individual who is responsible for the financial operation of 6 the clinic; and licensed health care practitioners at the 7 clinic; and any person who has a controlling interest as 8 defined in s. 408.803(7). 9 (b) Upon receipt of a completed, signed, and dated 10 application, the agency shall require background screening of 11 the applicant, in accordance with the level 2 standards for 12 screening set forth in paragraph (d) chapter 435. Proof of 13 compliance with the level 2 background screening requirements 14 of paragraph (d) chapter 435 which has been submitted within 15 the previous 5 years in compliance with the any other health 16 care clinic licensure requirements of this part state is 17 acceptable in fulfillment of this paragraph. Applicants who 18 own less than 10 percent of a health care clinic are not 19 required to submit fingerprints under this section. 20 (c) Each applicant must submit to the agency, with the 21 application, a description and explanation of any exclusions, 22 permanent suspensions, or terminations of an applicant from 23 the Medicare or Medicaid programs. Proof of compliance with 24 the requirements for disclosure of ownership and control 25 interest under the Medicaid or Medicare programs may be 26 accepted in lieu of this submission. The description and 27 explanation may indicate whether such exclusions, suspensions, 28 or terminations were voluntary or not voluntary on the part of 29 the applicant. The agency may deny or revoke licensure based 30 on information received under this paragraph for exclusions, 31 permanent suspensions, or terminations of an applicant or 9 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 persons or entities identified in paragraph (5)(b) from the 2 Medicare or Medicaid programs. 3 (d) A license may not be granted to a clinic if the 4 applicant, or a person or entity identified in paragraph 5 (5)(b), has been found guilty of, regardless of adjudication, 6 or has entered a plea of nolo contendere or guilty to, any 7 offense prohibited under the level 2 standards for screening 8 set forth in chapter 435 or this section. In addition to the 9 process and procedures set forth in s. 408.809 which are 10 specifically required, all persons who must meet level 2 11 standards of chapter 435 must also undergo level 2 background 12 screening for any felony committed within the past 10 years 13 under chapter 400, chapter 408, chapter 409, chapter 440, 14 chapter 456, chapter 624, chapter 626, chapter 627, chapter 15 812, chapter 817, chapter 831, chapter 837, chapter 838, 16 chapter 895, or chapter 896, or any substantially comparable 17 offense or crime of another state or of the United States if 18 such offense is a felony in that jurisdiction. The agency may 19 require each person who must undergo background screening to 20 disclose, on forms provided by the agency, his or her name, 21 address, social security number, and date of birth and any 22 arrest for any crime for which any court disposition other 23 than dismissal has been rendered within the past 10 years 24 prior to an affiliation with an applicant or licensee under 25 this part. Failure to provide such information may be 26 considered by the agency as a material omission in the 27 application or licensure process. Notwithstanding the time 28 provisions of chapter 120 for granting or denying an 29 application for a license, the agency may not approve an 30 initial, renewal, or change-of-ownership application for any 31 applicant whose background screening process is not complete 10 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 and all persons required to undergo such screening demonstrate 2 compliance with this paragraph. The agency shall deny a 3 pending application or revoke or suspend a license and assess 4 an administrative penalty in accordance with s. 400.995(1) 5 against a licensee if the agency substantiates that a person 6 who is required to meet background screening standards has 7 failed or refused to submit to background screening as set 8 forth in this part or does not meet the minimum requirements 9 of such screening after the timely submission of fingerprint 10 cards to the agency., or a violation of insurance fraud under 11 s. 817.234, within the past 5 years. If the applicant has been 12 convicted of an offense prohibited under the level 2 standards 13 or insurance fraud in any jurisdiction, the applicant must 14 show that his or her civil rights have been restored prior to 15 submitting an application. 16 (e) The agency may deny or revoke licensure or declare 17 loss of an exempt status, effective on the date that the 18 requirements for exempt status are not met, if the applicant 19 has falsely represented any material fact or omitted any 20 material fact from the application required by this part or by 21 agency rule. An exempt status under this part ceases to exist 22 on the date that a business fails to qualify for an exemption 23 under this part or the Health Care Licensing Procedures Act. 24 (f) Each applicant that performs the technical 25 component of magnetic resonance imaging, static radiographs, 26 computed tomography, or positron emission tomography, and also 27 provides the professional components of such services through 28 an employee or independent contractor must provide to the 29 agency on a form provided by the agency, the name and address 30 of the clinic, the serial or operating number of each magnetic 31 resonance imaging, static radiograph, computed tomography, and 11 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 positron emission tomography machine, the name of the 2 manufacturer of the machine, and such other information as 3 required by the agency to identify the machine. The 4 information must be provided to the agency upon renewal of the 5 clinic's license and within 30 days after a clinic begins 6 using a machine for which it has not provided the information 7 to the agency. 8 (8) Requested information omitted from an application 9 for licensure, license renewal, or transfer of ownership must 10 be filed with the agency within 21 days after receipt of the 11 agency's request for omitted information, or the application 12 shall be deemed incomplete and shall be withdrawn from further 13 consideration. 14 (9) The failure to file a timely renewal application 15 shall result in a late fee charged to the facility in an 16 amount equal to 50 percent of the current license fee. 17 (10) Any person or entity that submits an application 18 for a license which contains fraudulent or material and 19 misleading information commits a felony of the third degree, 20 punishable as provided in s. 775.082, s. 775.083, or s. 21 775.084. 22 Section 3. Section 400.9935, Florida Statutes, is 23 amended to read: 24 400.9935 Clinic responsibilities.-- 25 (1) Each clinic shall appoint a medical director or 26 clinic director who shall agree in writing to accept legal 27 responsibility for the following activities on behalf of the 28 clinic. The medical director or the clinic director shall: 29 (a) Have signs identifying the medical director or 30 clinic director posted in a conspicuous location within the 31 clinic readily visible to all patients. 12 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 (b) Ensure that all practitioners providing health 2 care services or supplies to patients maintain a current 3 active and unencumbered Florida license and do not provide 4 health care services or supplies outside the scope of that 5 license or as otherwise prohibited by law. 6 (c) Review any patient referral contracts or 7 agreements executed by the clinic. 8 (d) Ensure that all health care practitioners at the 9 clinic have active appropriate certification or licensure for 10 the level of care being provided. 11 (e) Serve as the clinic records owner as defined in s. 12 456.057. 13 (f) Ensure compliance with the recordkeeping, office 14 surgery, and adverse incident reporting requirements of 15 chapter 456, the respective practice acts, and rules adopted 16 under this part. 17 (g) Conduct systematic reviews of clinic billings to 18 ensure that the billings are not fraudulent or unlawful. Upon 19 discovery of an unlawful charge, the medical director or 20 clinic director shall take immediate corrective action. If the 21 clinic performs only the technical component of magnetic 22 resonance imaging, static radiographs, computed tomography, or 23 positron emission tomography, and provides the professional 24 interpretation of such services, in a fixed facility that is 25 accredited by the Joint Commission on Accreditation of 26 Healthcare Organizations or the Accreditation Association for 27 Ambulatory Health Care, and the American College of Radiology; 28 and if, in the preceding quarter, the percentage of scans 29 performed by that clinic which was billed to all personal 30 injury protection insurance carriers was less than 15 percent, 31 the chief financial officer of the clinic may, in a written 13 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 acknowledgment provided to the agency, assume the 2 responsibility for the conduct of the systematic reviews of 3 clinic billings to ensure that the billings are not fraudulent 4 or unlawful. 5 (h) Not refer a patient to the clinic if the clinic 6 performs magnetic resonance imaging, static radiographs, 7 computed tomography, or positron emission tomography. The term 8 "refer a patient" means the referral of one or more patients 9 of the medical or clinical director or a member of the medical 10 or clinical director's group practice to the clinic for 11 magnetic resonance imaging, static radiographs, computed 12 tomography, or positron emission tomography. A medical 13 director who is found to violate this paragraph commits a 14 felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, or s. 775.084. 16 (i) Serve in that capacity for no more than a maximum 17 of three health care clinics that have a cumulative total of 18 no more than 100 employees and persons under contract with the 19 health care clinic at a given time. A medical or clinic 20 director may not supervise a health care clinic more than 200 21 miles away from any other health care clinic supervised by the 22 same medical or clinic director. The agency may allow for 23 waivers to the limitations of this paragraph upon a showing of 24 good cause and a determination by the agency that the medical 25 director will be able to adequately perform the requirements 26 of this subsection. 27 (2) Any business that becomes a clinic after 28 commencing operations must, within 5 days after becoming a 29 clinic, file a license application under this part and shall 30 be subject to all provisions of this part applicable to a 31 clinic. 14 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 (3) Any contract to serve as a medical director or a 2 clinic director entered into or renewed by a physician or a 3 licensed health care practitioner in violation of this part is 4 void as contrary to public policy. This subsection shall apply 5 to contracts entered into or renewed on or after March 1, 6 2004. 7 (4) All charges or reimbursement claims made by or on 8 behalf of a clinic that is required to be licensed or to 9 obtain a certificate of exemption under this part, but that is 10 not so licensed or exempt, or that is otherwise operating in 11 violation of this part, part II of chapter 408, or rules 12 adopted pursuant to either part, are unlawful charges, and 13 therefore are noncompensable and unenforceable. 14 (5) Any person establishing, operating, or managing an 15 unlicensed clinic otherwise required to be licensed under this 16 part, or any person who knowingly files a false or misleading 17 license application or license renewal application, or false 18 or misleading information related to such application or 19 department rule, commits a felony of the third degree, 20 punishable as provided in s. 775.082, s. 775.083, or s. 21 775.084, part II of chapter 408, or rules adopted pursuant to 22 either part. 23 (6) Any licensed health care provider who violates 24 this part is subject to discipline in accordance with this 25 chapter and his or her respective practice act. 26 (7) The agency may fine, or suspend or revoke the 27 license of, any clinic licensed under this part for operating 28 in violation of the requirements of this part or the rules 29 adopted by the agency. 30 (8) The agency shall investigate allegations of 31 noncompliance with this part and the rules adopted under this 15 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 part. 2 (9)(a) Any person or entity providing health care 3 services which is not a clinic, as defined under s. 400.9905, 4 may voluntarily apply for a certificate of exemption from 5 licensure under its exempt status. A certificate of exemption 6 is valid for 2 years and may be renewed. 7 (b) However, an entity that is exempt from licensure 8 as a clinic pursuant to s. 400.9905(4)(f) or (4)(g) and that 9 provides health care services for which payment is made 10 pursuant to s. 627.736 must apply for a certificate of 11 exemption from licensure under its exempt status if the entity 12 is located in any of the three counties certified by the 13 Division of Insurance Fraud as having the greatest number of 14 arrests by the division during the previous 2 years. However, 15 a health care provider listed in s. 400.9905(4)(f) or (4)(g) 16 need not apply for a certificate of exemption if the health 17 care provider's practice act prohibits an individual who is 18 not licensed under the same practice act from employing a 19 person licensed under the practice act, controlling the use of 20 any equipment or material while such equipment or material is 21 being used for the provision of the licensed health care 22 service, and from interfering with the health care provider's 23 clinical judgment. An entity that is required to apply for a 24 certificate of exemption must renew its certificate every 2 25 years as a condition of maintaining an exemption from 26 licensure. 27 (c) The agency shall provide a form that requires the 28 name or names and addresses, a statement of the reasons why 29 the applicant is exempt from licensure as a health care 30 clinic, and other information considered necessary by the 31 agency. The signature on an application for a certificate of 16 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 exemption must be notarized and signed under oath, subject to 2 penalty for perjury, by persons having knowledge of the truth 3 of its contents. An exemption is not transferable and is valid 4 only for the reasons, location, persons, and entity set forth 5 on the application form. A person or entity claiming an 6 exemption under this part or issued a current certificate of 7 exemption must be exempt from the licensing provisions of this 8 part at all times, or such claim or certificate is invalid 9 from the date that such person or entity is not exempt. 10 (d) The agency shall charge an applicant for a 11 certificate of exemption a fee of $100 to cover the cost of 12 processing the certificate or the actual cost of processing 13 the certificate, whichever is less. 14 (e) An application for the renewal of a certificate of 15 exemption must be submitted to the agency 60 days prior to the 16 expiration of the certificate of exemption. The agency may 17 investigate any applicant, person, or entity claiming an 18 exemption for purposes of determining compliance when a 19 certificate of exemption is sought. Authorized personnel of 20 the agency shall have access to the premises of any 21 certificateholder or applicant for the sole purpose of 22 determining compliance with an exemption under this part. The 23 agency shall have access to all billings and records indicated 24 in s. 400.9915(2) and agency rules. The agency may deny or 25 withdraw a certificate of exemption when a person or entity 26 does not qualify under this part. 27 (f) A certificate of exemption is considered withdrawn 28 when the agency determines that an exempt status cannot be 29 confirmed. The provisions applicable to the unlicensed 30 operation of a health care clinic apply to any health care 31 provider that self-determines or claims an exemption or that 17 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 is issued a certificate of exemption if, in fact, such clinic 2 does not meet the exemption claimed. 3 (g) Any person or entity that submits an application 4 for a certificate of exemption which contains fraudulent or 5 material and misleading information commits a felony of the 6 third degree, punishable as provided in s. 775.082, s. 7 775.083, or s. 775.084. 8 (h) A response to a request in writing for additional 9 information or clarification must be filed with the agency no 10 later than 21 days after receipt of the request or the 11 application shall be denied. 12 (i) The agency shall grant or deny an application for 13 a certificate of exemption in accordance with s. 120.60(1). 14 (j) A person or entity that qualifies as a health care 15 clinic and has been denied a certificate of exemption must 16 file an initial application and pay the fee. A certificate of 17 exemption is valid only when issued and current. 18 (k) The agency shall issue an emergency order of 19 suspension of a certificate of exemption if the agency finds 20 that the applicant has provided false or misleading material 21 information or omitted any material fact from the application 22 for a certificate of exemption which is permitted or required 23 by this part, or has submitted false or misleading information 24 to the agency when self-determining an exempt status and 25 materially misleading the agency as to such status. with the 26 agency on a form that sets forth its name or names and 27 addresses, a statement of the reasons why it cannot be defined 28 as a clinic, and other information deemed necessary by the 29 agency. An exemption is not transferable. The agency may 30 charge an applicant for a certificate of exemption in an 31 amount equal to $100 or the actual cost of processing the 18 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 certificate, whichever is less. 2 (10) The clinic shall display its license in a 3 conspicuous location within the clinic readily visible to all 4 patients. 5 (11)(a) Each clinic engaged in magnetic resonance 6 imaging services must be accredited by the Joint Commission on 7 Accreditation of Healthcare Organizations, the American 8 College of Radiology, or the Accreditation Association for 9 Ambulatory Health Care, within 1 year after licensure. 10 However, a clinic may request a single, 6-month extension if 11 it provides evidence to the agency establishing that, for good 12 cause shown, such clinic can not be accredited within 1 year 13 after licensure, and that such accreditation will be completed 14 within the 6-month extension. After obtaining accreditation as 15 required by this subsection, each such clinic must maintain 16 accreditation as a condition of renewal of its license. 17 (b) The agency may deny the application or revoke the 18 license of any entity formed for the purpose of avoiding 19 compliance with the accreditation provisions of this 20 subsection and whose principals were previously principals of 21 an entity that was unable to meet the accreditation 22 requirements within the specified timeframes. The agency may 23 adopt rules as to the accreditation of magnetic resonance 24 imaging clinics. 25 (12) The agency shall give full faith and credit 26 pertaining to any past variance and waiver granted to a 27 magnetic resonance imaging clinic from rule 64-2002, Florida 28 Administrative Code, by the Department of Health, until 29 September 2004. After that date, such clinic must request a 30 variance and waiver from the agency under s. 120.542. 31 (13) The clinic shall display a sign in a conspicuous 19 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 location within the clinic readily visible to all patients 2 indicating that, pursuant to s. 626.9892, the Department of 3 Financial Services may pay rewards of up to $25,000 to persons 4 providing information leading to the arrest and conviction of 5 persons committing crimes investigated by the Division of 6 Insurance Fraud arising from violations of s. 440.105, s. 7 624.15, s. 626.9541, s. 626.989, or s. 817.234. An authorized 8 employee of the Division of Insurance Fraud may make 9 unannounced inspections of a clinic licensed under this part 10 as necessary to determine whether the clinic is in compliance 11 with this subsection. A licensed clinic shall allow full and 12 complete access to the premises to such authorized employee of 13 the division who makes an inspection to determine compliance 14 with this subsection. 15 Section 4. Paragraph (ii) is added to subsection (1) 16 of section 456.072, Florida Statutes, to read: 17 456.072 Grounds for discipline; penalties; 18 enforcement.-- 19 (1) The following acts shall constitute grounds for 20 which the disciplinary actions specified in subsection (2) may 21 be taken: 22 (ii) Intentionally providing false information on an 23 application for a certificate of exemption from clinic 24 licensure under part XIII of chapter 400. 25 Section 5. This act shall take effect October 1, 2007. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 20 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 and insert: 2 A bill to be entitled 3 An act relating to the Health Care Clinic Act; 4 amending s. 400.9905, F.S.; specifying certain 5 types of sole proprietorships, group practices, 6 partnerships, corporations, and other legal 7 entities that are not subject to the licensure 8 requirements of the act; amending s. 400.991, 9 F.S.; requiring certain persons having a 10 financial interest in a clinic, or having 11 control over certain activities relating to the 12 operations of a clinic, to undergo background 13 screening; authorizing the Agency for Health 14 Care Administration to adopt rules; authorizing 15 the agency to deny or revoke a license if an 16 applicant, licensee, or person having an 17 interest in a clinic has been excluded, 18 suspended, or terminated from the Medicare or 19 Medicaid programs or has committed certain 20 offenses prohibited under level 2 screening 21 standards; providing additional requirements 22 for background screening with respect to 23 offenses committed within the past 10 years; 24 providing that failure to provide such 25 information is a material omission; authorizing 26 the agency to deny, revoke, or suspend a 27 license or assess an administrative penalty if 28 a person fails to comply with the requirements 29 for background screening; authorizing the 30 agency to declare a loss of exempt status under 31 certain conditions; requiring an applicant that 21 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 performs magnetic resonance imaging, static 2 radiographs, computed tomography, or positron 3 emission tomography to provide certain 4 information to the agency; providing that the 5 submission of fraudulent or misleading 6 information on an application for licensure is 7 a third-degree felony; amending s. 400.9935, 8 F.S.; specifying additional duties of a medical 9 director or clinic director; limiting the 10 number of clinics and employees for which a 11 medical or clinic director may be responsible; 12 requiring that multiple clinics under the 13 control of the same medical or clinic director 14 must be within a specified proximity; 15 authorizing the agency to waive such 16 limitations upon a showing of good cause; 17 requiring clinics that are exempt from 18 licensure and located within certain counties 19 to obtain a certificate of exemption; requiring 20 that the application be notarized and subject 21 to penalty for perjury; providing for an 22 application fee; providing requirements for 23 renewal of an exemption from licensure; 24 providing a penalty for submitting fraudulent 25 or misleading information in an application for 26 exemption; requiring that the agency issue an 27 emergency order of suspension upon a finding 28 that an applicant has provided false or 29 misleading information or omitted a material 30 fact from an application for a certificate of 31 exemption; amending s. 456.072, F.S.; providing 22 10:18 AM 04/18/07 s2354d-hr06-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2354 Barcode 481236 1 that intentionally providing false information 2 on an application for a certificate of 3 exemption from clinic licensure is grounds for 4 discipline under provisions regulating medical 5 professionals; providing an effective date. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 10:18 AM 04/18/07 s2354d-hr06-j02