Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 2658 Barcode 928070 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 04/30/2009 11:29 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Baker moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 30 - 95 4 and insert: 5 408.8065 Additional licensure requirements for home health 6 agencies, home medical equipment providers, and health care 7 clinics.— 8 (1) An applicant for initial licensure, or initial 9 licensure due to a change of ownership, as a home health agency, 10 home medical equipment provider, or health care clinic shall: 11 (a) Demonstrate financial ability to operate, as required 12 under s. 408.810(8) and this section. If the applicant’s assets, 13 credit, and projected revenues meet or exceed projected 14 liabilities and expenses and the applicant provides independent 15 evidence that the funds necessary for startup costs, working 16 capital, and contingency financing exist and will be available 17 as needed, the applicant has demonstrated the financial ability 18 to operate. 19 (b) Submit pro forma financial statements, including a 20 balance sheet, income and expense statement, and a statement of 21 cash flows for the first 2 years of operation which provide 22 evidence that the applicant has sufficient assets, credit, and 23 projected revenues to cover liabilities and expenses. 24 (c) Submit a statement of the applicant’s estimated startup 25 costs and sources of funds through the break-even point in 26 operations demonstrating that the applicant has the ability to 27 fund all startup costs, working capital costs, and contingency 28 financing requirements. The statement must show that the 29 applicant has at a minimum 3 months of average projected 30 expenses to cover startup costs, working capital costs, and 31 contingency financing requirements. The minimum amount for 32 contingency funding may not be less than 1 month of average 33 projected expenses. 34 35 All documents required under this subsection must be prepared in 36 accordance with generally accepted accounting principles and may 37 be in a compilation form. The financial statements must be 38 signed by a certified public accountant. 39 (2) For initial, renewal, or change of ownership licenses 40 for a home health agency, a home medical equipment provider, or 41 a health care clinic, applicants and controlling interests who 42 are nonimmigrant aliens, as described in 8 U.S.C. s. 1101, must 43 file a surety bond of at least $500,000, payable to the agency, 44 which guarantees that the home health agency, home medical 45 equipment provider, or health care clinic will act in full 46 conformity with all legal requirements for operation. 47 (3) In addition to the requirements of s. 408.812, any 48 person who offers services that require licensure under part VII 49 or part X of chapter 400, or who offers skilled services that 50 require licensure under part III of chapter 400, without 51 obtaining a valid license; any person who knowingly files a 52 false or misleading license or license renewal application or 53 who submits false or misleading information related to such 54 application, and any person who violates or conspires to violate 55 this section, commits a felony of the third degree, punishable 56 as provided in s. 775.082, s. 775.083, or s. 775.084. 57 Section 3. Subsection (10) is added to section 400.471, 58 Florida Statutes, to read: 59 400.471 Application for license; fee.— 60 (10)(a) The agency may not issue an initial license to a 61 home health agency under part II of chapter 408 or this part for 62 the purpose of opening a new home health agency until July 1, 63 2010, in any county that has at least one actively licensed home 64 health agency and a population of persons 65 years of age or 65 older, as indicated in the most recent population estimates 66 published by the Executive Office of the Governor, of fewer than 67 1,200 per home health agency. In such counties, for any 68 application received by the agency prior to July 1, 2009, which 69 has been deemed by the agency to be complete except for proof of 70 accreditation, the agency may issue an initial ownership license 71 only if the applicant has applied for accreditation before May 72 1, 2009, from an accrediting organization that is recognized by 73 the agency. 74 (b) Effective October 1, 2009, the agency may not issue a 75 change of ownership license to a home health agency under part 76 II of chapter 408 or this part until July 1, 2010, in any county 77 that has at least one actively licensed home health agency and a 78 population of persons 65 years of age or older, as indicated in 79 the most recent population estimates published by the Executive 80 Office of the Governor, of fewer than 1,200 per home health 81 agency. In such counties, for any application received by the 82 agency prior to October 1, 2009, which has been deemed by the 83 agency to be complete except for proof of accreditation, the 84 agency may issue a change of ownership license only if the 85 applicant has applied for accreditation before August 1, 2009, 86 from an accrediting organization that is recognized by the 87 agency. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete lines 7 - 17 92 and insert: 93 additional licensure requirements for home health agencies, home 94 medical equipment providers, and health care clinics; requiring 95 the posting of a surety bond in a specified minimum amount under 96 certain circumstances; imposing criminal penalties against a 97 person who knowingly submits misleading information to the 98 Agency for Health Care Administration in connection with 99 applications for certain licenses; amending s. 400.471, F.S.; 100 providing limitations on the licensure of home health agencies 101 in certain counties; providing an exception; providing an 102 effective date.