Amendment
Bill No. CS/HB 7083
Amendment No. 601687
CHAMBER ACTION
Senate House
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1Representative R. Garcia offered the following:
2
3     Amendment (with title amendment)
4     Remove line 254 and insert:
5     (3)  The agency shall impose a fine of $5,000 against a
6home health agency that demonstrates a pattern of billing any
7payor for services not provided. A pattern may be demonstrated
8by a showing of at least three billings for services not
9provided within a 12-month period. The fine must be imposed for
10each 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
15home health agency that demonstrates a pattern of failing to
16provide a service specified in the home health agency's written
17agreement with a patient or the patient's legal representative,
18or the plan of care for that patient, unless a reduction in
19service is mandated by Medicare, Medicaid, or a state program or
20as provided in s. 400.492(3). A pattern may be demonstrated by a
21showing of at least three incidences, regardless of the patient
22or service, when the home health agency did not provide a
23service specified in a written agreement or plan of care during
24a 3-month period. The agency shall impose the fine for each
25occurrence. The agency may also impose additional administrative
26fines under s. 400.484 for the direct or indirect harm to a
27patient, or deny, revoke, or suspend the license of the home
28health agency for a pattern of failing to provide a service
29specified in the home health agency's written agreement with a
30patient or the plan of care for that patient.
31     (5)  The agency may deny, revoke, or suspend the license of
32a home health agency and shall impose a fine of $5,000 against a
33home health agency that:
34     (a)  Gives remuneration for staffing services to:
35     1.  Another home health agency with which it has formal or
36informal patient-referral transactions or arrangements; or
37     2.  A health services pool with which it has formal or
38informal patient-referral transactions or arrangements,
39
40unless the home health agency has activated its comprehensive
41emergency management plan in accordance with s. 400.492. This
42paragraph does not apply to a Medicare-certified home health
43agency that provides fair market value remuneration for staffing
44services to a non-Medicare-certified home health agency that is
45part of a continuing care facility licensed under chapter 651
46providing services to its own residents if each resident
47receiving home health services pursuant to this arrangement
48attests in writing that he or she made a decision without
49influence from the staff of the facility to select, from a list
50of Medicare-certified home health agencies provided by the
51facility, that Medicare-certified home health agency to provide
52the services.
53     (b)  Provides services to residents in an assisted living
54facility for which the home health agency does not receive fair
55market value remuneration.
56     (c)  Provides staffing to an assisted living facility for
57which the home health agency does not receive fair market value
58remuneration.
59     (d)  Fails to provide the agency, upon request, with copies
60of all contracts with assisted living facilities which were
61executed within 5 years before the request was submitted.
62     (e)  Gives remuneration to a case manager, discharge
63planner, facility-based staff member, or third-party vendor who
64is involved in the discharge-planning process of a facility
65licensed under chapter 395 or this chapter from whom the home
66health agency receives referrals.
67     (f)  Fails to submit to the agency, within 10 days after
68the end of each calendar quarter, a written report that includes
69the following data based on data as it existed on the last day
70of the quarter:
71     1.  The number of insulin-dependent diabetic patients
72receiving insulin-injection services from the home health
73agency;
74     2.  The number of patients receiving both home health
75services from the home health agency and hospice services;
76     3.  The number of patients receiving home health services
77from that home health agency; and
78     4.  The names and license numbers of nurses whose primary
79job responsibility is to provide home health services to
80patients and who received remuneration from the home health
81agency in excess of $25,000 during the calendar quarter.
82     (g)  Gives cash, or its equivalent, to a Medicare or
83Medicaid beneficiary.
84     (h)  Has more than one medical director contract in effect
85at one time or more than one medical director contract and one
86contract with a physician-specialist whose services are mandated
87for the home health agency in order to qualify to participate in
88a federal or state health care program at one time.
89     (i)  Gives remuneration to a physician without a medical
90director 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
93for an hourly rate, which must be supported by invoices
94submitted by the medical director describing the work performed,
95the dates on which that work was performed, and the duration of
96that work; and
97     3.  Be for a term of at least 1 year.
98
99The hourly rate specified in the contract may not be increased
100during the term of the contract. The home health agency may not
101execute a subsequent contract with that physician which has an
102increased hourly rate and covers any portion of the term that
103was in the original contract.
104     (j)  Gives remuneration to:
105     1.  A physician, and the home health agency is in violation
106of 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
110if the home health agency has received a patient referral in the
111preceding 12 months from that physician or members of that
112physician's office staff.
113     (k)  Fails to provide to the agency, upon request, copies
114of all contracts with a medical director which were executed
115within 5 years before the request.
116     (6)(3)(a)  In addition to the requirements of s. 408.813,
117any
118====== T I T L E  A M E N D M E N T =====
119     Between lines 267 and 268, insert:
120authorizing the agency to impose a fine, deny, revoke, or
121suspend the license of against a home health agency under
122certain circumstances;


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