| 1 | Representative R. Garcia offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Between lines 445 and 446, insert: |
| 5 | (16)(a) The agency may deny, suspend, or revoke the |
| 6 | license of a nurse registry and shall impose a fine of $5,000 |
| 7 | against a nurse registry that: |
| 8 | 1. Provides services to residents in an assisted living |
| 9 | facility for which the nurse registry does not receive fair |
| 10 | market value remuneration; |
| 11 | 2. Provides staffing to an assisted living facility for |
| 12 | which the nurse registry does not receive fair market value |
| 13 | remuneration; |
| 14 | 3. Fails to provide the agency, upon request, with copies |
| 15 | of all contracts with assisted living facilities which were |
| 16 | executed within the last 5 years; |
| 17 | 4. Gives remuneration to a case manager, discharge |
| 18 | planner, facility-based staff member, or third-party vendor who |
| 19 | is involved in the discharge-planning process of a facility |
| 20 | licensed under chapter 395 or this chapter and from whom the |
| 21 | nurse registry receives referrals; or |
| 22 | 5. Gives remuneration to a physician, a member of the |
| 23 | physician's office staff, or an immediate family member of the |
| 24 | physician, and the nurse registry received a patient referral in |
| 25 | the last 12 months from that physician or the physician's office |
| 26 | staff. |
| 27 | (b) The agency shall also impose an administrative fine of |
| 28 | $15,000 if the nurse registry refers nurses, certified nursing |
| 29 | assistants, home health aides, or other staff without charge to |
| 30 | a facility licensed under chapter 429 in return for patient |
| 31 | referrals from the facility. |
| 32 | (c) The proceeds of all fines collected under this |
| 33 | subsection shall be deposited into the Health Care Trust Fund. |
| 34 | Section 11. Subsection (4) is added to section 400.518, |
| 35 | Florida Statutes, to read: |
| 36 | 400.518 Prohibited referrals to home health agencies.-- |
| 37 | (4) The agency shall impose an administrative fine of |
| 38 | $15,000 if a home health agency provides nurses, certified |
| 39 | nursing assistants, home health aides, or other staff without |
| 40 | charge to a facility licensed under chapter 429 in return for |
| 41 | patient referrals from the facility. The proceeds of such fines |
| 42 | shall be deposited into the Health Care Trust Fund. |
| 43 |
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| 44 | ---------------------------------------------------- |
| 45 | D I R E C T O R Y A M E N D M E N T |
| 46 | Remove lines 427-428 and insert: |
| 47 | Section 10. Subsection (16) of section 400.506, Florida |
| 48 | Statutes, is renumbered as subsection (17), paragraph (a) of |
| 49 | subsection (6) is amended, and subsection (16) is added to that |
| 50 | section, to read: |
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| 52 |
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| 53 |
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| 54 | ----------------------------------------------------- |
| 55 | T I T L E A M E N D M E N T |
| 56 | Remove line 56 and insert: |
| 57 | referred for contract by a nurse registry; authorizing the |
| 58 | agency to impose penalties on nurse registries under specified |
| 59 | conditions; authorizing the agency to impose an administrative |
| 60 | fine under certain circumstances; providing for proceeds from |
| 61 | fines to be deposited in the Health Care Trust Fund; amending s. |
| 62 | 400.518, F.S.; authorizing the agency to impose an |
| 63 | administrative fine under certain circumstances; amending s. |