1 | Representative R. Garcia offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line 254 and insert: |
5 | (3) The agency shall impose a fine of $5,000 against a |
6 | home health agency that demonstrates a pattern of billing any |
7 | payor for services not provided. A pattern may be demonstrated |
8 | by a showing of at least three billings for services not |
9 | provided within a 12-month period. The fine must be imposed for |
10 | each incident that is falsely billed. The agency may also: |
11 | (a) Require payback of all funds; |
12 | (b) Revoke the license; or |
13 | (c) Issue a moratorium in accordance with s. 408.814. |
14 | (4) The agency shall impose a fine of $5,000 against a |
15 | home health agency that demonstrates a pattern of failing to |
16 | provide a service specified in the home health agency's written |
17 | agreement with a patient or the patient's legal representative, |
18 | or the plan of care for that patient, unless a reduction in |
19 | service is mandated by Medicare, Medicaid, or a state program or |
20 | as provided in s. 400.492(3). A pattern may be demonstrated by a |
21 | showing of at least three incidences, regardless of the patient |
22 | or service, when the home health agency did not provide a |
23 | service specified in a written agreement or plan of care during |
24 | a 3-month period. The agency shall impose the fine for each |
25 | occurrence. The agency may also impose additional administrative |
26 | fines under s. 400.484 for the direct or indirect harm to a |
27 | patient, or deny, revoke, or suspend the license of the home |
28 | health agency for a pattern of failing to provide a service |
29 | specified in the home health agency's written agreement with a |
30 | patient or the plan of care for that patient. |
31 | (5) The agency may deny, revoke, or suspend the license of |
32 | a home health agency and shall impose a fine of $5,000 against a |
33 | home health agency that: |
34 | (a) Gives remuneration for staffing services to: |
35 | 1. Another home health agency with which it has formal or |
36 | informal patient-referral transactions or arrangements; or |
37 | 2. A health services pool with which it has formal or |
38 | informal patient-referral transactions or arrangements, |
39 | |
40 | unless the home health agency has activated its comprehensive |
41 | emergency management plan in accordance with s. 400.492. This |
42 | paragraph does not apply to a Medicare-certified home health |
43 | agency that provides fair market value remuneration for staffing |
44 | services to a non-Medicare-certified home health agency that is |
45 | part of a continuing care facility licensed under chapter 651 |
46 | providing services to its own residents if each resident |
47 | receiving home health services pursuant to this arrangement |
48 | attests in writing that he or she made a decision without |
49 | influence from the staff of the facility to select, from a list |
50 | of Medicare-certified home health agencies provided by the |
51 | facility, that Medicare-certified home health agency to provide |
52 | the services. |
53 | (b) Provides services to residents in an assisted living |
54 | facility for which the home health agency does not receive fair |
55 | market value remuneration. |
56 | (c) Provides staffing to an assisted living facility for |
57 | which the home health agency does not receive fair market value |
58 | remuneration. |
59 | (d) Fails to provide the agency, upon request, with copies |
60 | of all contracts with assisted living facilities which were |
61 | executed within 5 years before the request was submitted. |
62 | (e) Gives remuneration to a case manager, discharge |
63 | planner, facility-based staff member, or third-party vendor who |
64 | is involved in the discharge-planning process of a facility |
65 | licensed under chapter 395 or this chapter from whom the home |
66 | health agency receives referrals. |
67 | (f) Fails to submit to the agency, within 10 days after |
68 | the end of each calendar quarter, a written report that includes |
69 | the following data based on data as it existed on the last day |
70 | of the quarter: |
71 | 1. The number of insulin-dependent diabetic patients |
72 | receiving insulin-injection services from the home health |
73 | agency; |
74 | 2. The number of patients receiving both home health |
75 | services from the home health agency and hospice services; |
76 | 3. The number of patients receiving home health services |
77 | from that home health agency; and |
78 | 4. The names and license numbers of nurses whose primary |
79 | job responsibility is to provide home health services to |
80 | patients and who received remuneration from the home health |
81 | agency in excess of $25,000 during the calendar quarter. |
82 | (g) Gives cash, or its equivalent, to a Medicare or |
83 | Medicaid beneficiary. |
84 | (h) Has more than one medical director contract in effect |
85 | at one time or more than one medical director contract and one |
86 | contract with a physician-specialist whose services are mandated |
87 | for the home health agency in order to qualify to participate in |
88 | a federal or state health care program at one time. |
89 | (i) Gives remuneration to a physician without a medical |
90 | director contract being in effect. The contract must: |
91 | 1. Be in writing and signed by both parties; |
92 | 2. Provide for remuneration that is at fair market value |
93 | for an hourly rate, which must be supported by invoices |
94 | submitted by the medical director describing the work performed, |
95 | the dates on which that work was performed, and the duration of |
96 | that work; and |
97 | 3. Be for a term of at least 1 year. |
98 |
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99 | The hourly rate specified in the contract may not be increased |
100 | during the term of the contract. The home health agency may not |
101 | execute a subsequent contract with that physician which has an |
102 | increased hourly rate and covers any portion of the term that |
103 | was in the original contract. |
104 | (j) Gives remuneration to: |
105 | 1. A physician, and the home health agency is in violation |
106 | of paragraph (h) or paragraph (i); |
107 | 2. A member of the physician's office staff; or |
108 | 3. An immediate family member of the physician, |
109 | |
110 | if the home health agency has received a patient referral in the |
111 | preceding 12 months from that physician or members of that |
112 | physician's office staff. |
113 | (k) Fails to provide to the agency, upon request, copies |
114 | of all contracts with a medical director which were executed |
115 | within 5 years before the request. |
116 | (6)(3)(a) In addition to the requirements of s. 408.813, |
117 | any |
118 | ====== T I T L E A M E N D M E N T ===== |
119 | Between lines 267 and 268, insert: |
120 | authorizing the agency to impose a fine, deny, revoke, or |
121 | suspend the license of against a home health agency under |
122 | certain circumstances; |