Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 2658 Barcode 329600 LEGISLATIVE ACTION Senate . House Comm: RS . 04/01/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 14 408.8065 Licensure 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.