1 | A bill to be entitled |
2 | An act relating to licensure of home health agencies, home |
3 | medical equipment providers, and health care clinics; |
4 | designating Miami-Dade County as a health care fraud area |
5 | of special concern for certain purposes; creating s. |
6 | 408.8065, F.S.; providing requirements for licensure of |
7 | home health agencies, home medical equipment providers, |
8 | and health care clinics; requiring the posting of a surety |
9 | bond in a specified minimum amount under certain |
10 | circumstances; requiring demonstration of financial |
11 | viability; providing limitations on licensing of home |
12 | health agencies in certain counties; providing an |
13 | exception for existing applicants accredited by an |
14 | organization recognized by the Agency for Health Care |
15 | Administration; providing penalties; providing an |
16 | effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. The Legislature hereby designates Miami-Dade |
21 | County as a health care fraud area of special concern for |
22 | purposes of implementing increased scrutiny of home health |
23 | agencies, home medical equipment providers, and health care |
24 | clinics in Miami-Dade County in order to assist the state's |
25 | efforts to prevent Medicaid fraud, waste, and abuse in the |
26 | county and throughout the state. |
27 | Section 2. Section 408.8065, Florida Statutes, is created |
28 | to read: |
29 | 408.8065 Licensure requirements for home health agencies, |
30 | home medical equipment providers, and health care clinics.-- |
31 | (1) An applicant for initial licensure or a change of |
32 | ownership licensure as a home health agency, home medical |
33 | equipment provider, or health care clinic shall comply with the |
34 | following requirements: |
35 | (a) To be an applicant or controlling interest in a home |
36 | health agency, a home medical equipment provider, or a health |
37 | care clinic licensed under this section, an applicant must have |
38 | been a legal resident of the United States for at least 5 years, |
39 | unless the applicant files a surety bond of at least $500,000, |
40 | payable to the agency, which guarantees that the home health |
41 | agency, home medical equipment provider, or health care clinic |
42 | will act in full conformity with all legal requirements for |
43 | operation. |
44 | (b) An applicant must demonstrate financial ability to |
45 | operate, as required under s. 408.810(8), and submit a financial |
46 | statement, including a balance sheet and an income and expense |
47 | statement, for the first year of operation that provides |
48 | evidence that the applicant has sufficient assets, credit, and |
49 | projected revenues to cover liabilities and expenses. The |
50 | applicant must demonstrate the financial ability to operate if |
51 | the applicant's assets, credit, and projected revenues do not |
52 | meet or exceed projected liabilities and expenses. The applicant |
53 | must also prove it has the ability to fund all startup costs |
54 | through the break-even point in operations by submitting a |
55 | statement of estimated provider startup costs and sources of |
56 | funds. The statement shall disclose, at a minimum, reasonable |
57 | anticipated startup costs, including operating funds needed to |
58 | reach the break-even point when operating receipts equal or |
59 | exceed expenditures. To reach the break-even point, at a |
60 | minimum, operating funds must be equal to 2 months' average |
61 | expenses to cover working capital and contingencies. The |
62 | applicant must provide documented proof that these funds will be |
63 | available as needed. All documentation required under this |
64 | subsection must be prepared in accordance with generally |
65 | accepted accounting principles and may be in a compilation form. |
66 | The financial statement must be signed by a certified public |
67 | accountant. |
68 | (3) The agency may not issue a license to a home health |
69 | agency under part III of chapter 400 or this part for the |
70 | purpose of opening a new home health agency until July 1, 2010, |
71 | in any county with at least one actively licensed home health |
72 | agency and a population of persons 65 years of age or older, as |
73 | indicated in the most recent population estimates published by |
74 | the Executive Office of the Governor, that is fewer than 1,200 |
75 | per home health agency. For any complete application submitted |
76 | prior to July 1, 2009, the agency may issue a license only if |
77 | the applicant has received accreditation before May 1, 2009, |
78 | from an accrediting organization that is recognized by the |
79 | agency. |
80 | (4) In addition to the requirements of s. 408.812, any |
81 | person offering services requiring licensure under part III, |
82 | part VII, or part X of chapter 400; any person who knowingly |
83 | files a false or misleading license or license renewal |
84 | application or who submits false or misleading information |
85 | related to such application or agency rule; and any person who |
86 | violates or conspires to violate this section commits a felony |
87 | of the third degree, punishable as provided in s. 775.082, s. |
88 | 775.083, or s. 775.084. |
89 | Section 3. This act shall take effect July 1, 2009. |