Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2658
       
       
       
       
       
       
                                Barcode 329600                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/01/2009           .                                
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       The Committee on Health Regulation (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Legislature designates Miami-Dade County as
    6  a health care fraud area of special concern for purposes of
    7  implementing increased scrutiny of home health agencies, home
    8  medical equipment providers, and health care clinics in Miami
    9  Dade County and in order to assist the state’s efforts to
   10  prevent Medicaid fraud, waste, and abuse in the county and
   11  throughout the state.
   12         Section 2. Section 408.8065, Florida Statutes, is created
   13  to read:
   14         408.8065Licensure requirements for home health agencies,
   15  home medical equipment providers, and health care clinics;
   16  limitations on licenses; penalty.—
   17         (1)An applicant for initial licensure or a change-of
   18  ownership licensure as a home health agency, home medical
   19  equipment provider, or health care clinic shall comply with the
   20  following requirements:
   21         (a)In order to be an applicant for initial licensure as,
   22  or to hold a controlling interest in, a home health agency, a
   23  home medical equipment provider, or a health care clinic
   24  licensed under this section, the applicant must have been a
   25  legal resident of the United States for at least 5 years, unless
   26  the applicant files a surety bond of at least $500,000, payable
   27  to the agency, which guarantees that the home health agency,
   28  home medical equipment provider, or health care clinic will act
   29  in full conformity with all requirements for operation.
   30         (b)In addition, the applicant must demonstrate financial
   31  ability to operate, as required under s. 408.810(8), and submit
   32  a financial statement, including a balance sheet and an income
   33  and expense statement, for the first year of operation which
   34  provides evidence that the applicant has sufficient assets,
   35  credit, and projected revenues to cover liabilities and
   36  expenses. The applicant must demonstrate the financial ability
   37  to operate if the applicant’s assets, credit, and projected
   38  revenues do not meet or exceed projected liabilities and
   39  expenses. An applicant for initial licensure must also prove
   40  that it has the ability to fund all startup costs through the
   41  break-even point in operations by submitting a statement of
   42  estimated provider startup costs and sources of funds. The
   43  statement shall disclose, at a minimum, reasonable anticipated
   44  startup costs, including operating funds needed to reach the
   45  break-even point when operating receipts equal or exceed
   46  expenditures. At a minimum, operating funds to reach the break
   47  even point must equal 2 months of average expenses to cover
   48  working capital and contingencies. The applicant must provide
   49  documented proof that these funds will be available as needed.
   50  All documents required under this subsection must be prepared in
   51  accordance with generally accepted accounting principles and may
   52  be in a compilation form. The financial statement must be signed
   53  by a certified public accountant.
   54         (2)The agency may not issue a license to a home health
   55  agency under part III of chapter 400 or this part for the
   56  purpose of opening a new home health agency until July 1, 2010,
   57  in any county that has at least one actively licensed home
   58  health agency, and where the county’s population of persons 65
   59  years of age or older, as indicated in the most recent
   60  population estimates published by the Executive Office of the
   61  Governor, is fewer than 1,200 per home health agency. For any
   62  complete application submitted before July 1, 2009, the agency
   63  may issue a license only if the applicant has received
   64  accreditation before May 1, 2009, from an accrediting
   65  organization that is recognized by the agency.
   66         (3)In addition to the requirements of s. 408.812, any
   67  person offering services requiring licensure under part III,
   68  part VII, or part X of chapter 400 who knowingly files a false
   69  or misleading license or license renewal application or who
   70  submits false or misleading information related to such
   71  application or agency rule, and any person who violates or
   72  conspires to violate subsection (1) commits a felony of the
   73  third degree, punishable as provided in s. 775.082, s. 775.083,
   74  or s. 775.084.
   75         Section 3. This act shall take effect July 1, 2009.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78         And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to the licensure of home health
   83         agencies, home medical equipment providers, and health
   84         care clinics; designating Miami-Dade County as a
   85         health care fraud area of special concern for certain
   86         purposes; creating s. 408.8065, F.S.; providing
   87         requirements for an applicant for initial licensure
   88         of, or to acquire a controlling interest in, a home
   89         health agency, home medical equipment provider, or
   90         health care clinic; requiring the posting of a surety
   91         bond in a specified minimum amount under certain
   92         circumstances; requiring demonstration of financial
   93         viability; providing limitations on licensing of home
   94         health agencies in certain counties; providing an
   95         exception for existing applicants accredited by an
   96         agency-approved organization; providing penalties;
   97         providing an effective date.