Florida Senate - 2009                                    SB 1926
       
       
       
       By Senator Lawson
       
       
       
       
       6-01124A-09                                           20091926__
    1                        A bill to be entitled                      
    2         An act relating to inactive licenses for health care
    3         providers; allowing a health care provider to extend
    4         the inactive period beyond 12 months and renew the
    5         inactive designation under certain circumstances;
    6         providing an effective date.
    7         
    8  Be It Enacted by the Legislature of the State of Florida:
    9         
   10         Section 1. Subsection (3) of section 408.808, Florida
   11  Statutes, is amended to read:
   12         408.808 License categories.—
   13         (3) INACTIVE LICENSE.—An inactive license may be issued to
   14  a health care provider subject to the certificate-of-need
   15  provisions in part I of this chapter when the provider is
   16  currently licensed, does not have a provisional license, and
   17  will be temporarily unable to provide services but is reasonably
   18  expected to resume services within 12 months. Such designation
   19  may be made for a period not to exceed 12 months but may be
   20  renewed by the agency for up to 12 additional months upon
   21  demonstration by the licensee of the provider's progress toward
   22  reopening. However, if after 20 months in an inactive license
   23  status, a rural hospital, as defined in s. 395.602, has
   24  demonstrated progress toward reopening but is not able to reopen
   25  before the expiration date of its inactive license, the inactive
   26  designation may be renewed again by the agency for up to 12
   27  additional months. A request by a licensee for an inactive
   28  license or to extend the previously approved inactive period
   29  must be submitted to the agency and must include a written
   30  justification for the inactive license with the beginning and
   31  ending dates of inactivity specified, a plan for the transfer of
   32  any clients to other providers, and the appropriate licensure
   33  fees. The agency may not accept a request that is submitted
   34  after initiating closure, after any suspension of service, or
   35  after notifying clients of closure or suspension of service,
   36  unless the action is a result of a disaster at the licensed
   37  premises. For the purposes of this section, the term “disaster”
   38  means a sudden emergency occurrence beyond the control of the
   39  licensee, whether natural, technological, or manmade, which
   40  renders the provider inoperable at the premises. Upon agency
   41  approval, the provider shall notify clients of any necessary
   42  discharge or transfer as required by authorizing statutes or
   43  applicable rules. The beginning of the inactive license period
   44  is the date the provider ceases operations. The end of the
   45  inactive license period shall become the license expiration
   46  date. All licensure fees must be current, must be paid in full,
   47  and may be prorated. Reactivation of an inactive license
   48  requires the approval of a renewal application, including
   49  payment of licensure fees and agency inspections indicating
   50  compliance with all requirements of this part, authorizing
   51  statutes, and applicable rules.
   52         Section 2. This act shall take effect July 1, 2009.