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Senator Jones moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 313-490

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and insert:

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     400.471  Application for license; fee.--

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     (2)  In addition to the requirements of part II of chapter

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408, the initial applicant must file with the application

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satisfactory proof that the home health agency is in compliance

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with this part and applicable rules, including:

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     (d) A business plan, signed by the applicant, which details

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the home health agency's methods to obtain patients and its plan

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to recruit and maintain staff.

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     (e) Evidence of contingency funding equal to 1 month's

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average operating expenses during the first year of operation.

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     (f) A balance sheet, income and expense statement, and

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statement of cash flows for the first 2 years of operation which

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provide evidence of having sufficient assets, credit, and

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projected revenues to cover liabilities and expenses. The

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applicant has demonstrated financial ability to operate if the

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applicant's assets, credit, and projected revenues meet or exceed

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projected liabilities and expenses. An applicant may not project

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an operating margin of 15 percent or greater for any month in the

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first year of operation. All documents required under this

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paragraph must be prepared in accordance with generally accepted

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accounting principles and compiled and signed by a certified

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public accountant.

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     (g) All other ownership interests in health care entities

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for each controlling interest, as defined in part II of chapter

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408.

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     (h) In the case of an application for initial licensure,

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documentation of accreditation, or an application for

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accreditation, from an accrediting organization that is

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recognized by the agency as having standards comparable to those

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required by this part and part II of chapter 408. Notwithstanding

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s. 408.806, an applicant that has applied for accreditation must

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provide proof of accreditation that is not conditional or

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provisional within 120 days after the date of the agency's

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receipt of the application for licensure or the application shall

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be withdrawn from further consideration. Such accreditation must

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be maintained by the home health agency to maintain licensure.

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The agency shall accept, in lieu of its own periodic licensure

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survey, the submission of the survey of an accrediting

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organization that is recognized by the agency if the

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accreditation of the licensed home health agency is not

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provisional and if the licensed home health agency authorizes

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releases of, and the agency receives the report of, the

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accrediting organization.

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     (7) The agency may not issue an initial license to an

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applicant for a home health agency license if the applicant

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shares common controlling interests with another licensed home

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health agency that is located within 10 miles of the applicant

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and is in the same county. The agency must return the application

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and fees to the applicant.

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     (8) An application for a home health agency license may not

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be transferred to another home health agency or controlling

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interest before issuance of the license.

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     (9) A licensed home health agency that seeks to relocate to

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a different geographic service area not listed on its license

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must submit an initial application for a home health agency

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license for the new location.

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====== D I R E C T O R Y  C L A U S E  A M E N D M E N T =====

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And the directory clause is amended as follows:

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     Delete line(s) 311-312

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and insert:

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     Section 3.  Paragraphs (d), (e), (f), (g), and (h) are added

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to subsection (2) of section 400.471, Florida Statutes, and

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subsections (7), (8), and (9), are added to that section, to

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read:

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 13-39

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and insert:

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to operate; requiring home health agencies to maintain

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certain accreditation to maintain licensure; permitting

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certain accrediting organizations to submit surveys

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regarding licensure of home health agencies; prohibiting

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the agency from issuing an initial license to an applicant

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for a home health agency license which is located within a

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certain distance of a licensed home health agency that has

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common controlling interests; prohibiting the transfer of

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an application to another home health agency before

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issuance of the license; requiring submission of an

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initial application to relocate a licensed home health

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agency to another geographic service area; amending s.

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400.474, F.S.;

4/22/2008  9:08:00 AM     13-08202-08