Florida Senate - 2009 CS for SB 2658 By the Committee on Health Regulation; and Senator Baker 588-04077-09 20092658c1 1 A bill to be entitled 2 An act relating to the licensure of home health 3 agencies, home medical equipment providers, and health 4 care clinics; designating Miami-Dade County as a 5 health care fraud area of special concern for certain 6 purposes; creating s. 408.8065, F.S.; providing 7 requirements for licensure of home health agencies, 8 home medical equipment providers, and health care 9 clinics; requiring the posting of a surety bond in a 10 specified minimum amount under certain circumstances; 11 requiring demonstration of financial viability; 12 providing limitations on licensing of home health 13 agencies in certain counties; providing an exception 14 for existing applicants accredited by an organization 15 recognized by the Agency for Health Care 16 Administration; providing penalties; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. The Legislature hereby designates Miami-Dade 22 County as a health care fraud area of special concern for 23 purposes of implementing increased scrutiny of home health 24 agencies, home medical equipment providers, and health care 25 clinics in Miami-Dade County in order to assist the state’s 26 efforts to prevent Medicaid fraud, waste, and abuse in the 27 county and throughout the state. 28 Section 2. Section 408.8065, Florida Statutes, is created 29 to read: 30 408.8065 Licensure requirements for home health agencies, 31 home medical equipment providers, and health care clinics.— 32 (1) An applicant for initial licensure, license renewal, or 33 change of ownership licensure as a home health agency, home 34 medical equipment provider, or health care clinic shall comply 35 with the following requirements: 36 (a) For initial, renewal, or change of ownership licenses 37 for a home health agency, a home medical equipment provider, or 38 a health care clinic, applicants and controlling interests must 39 have been a legal resident of the United States for at least 5 40 years, or file a surety bond of at least $500,000, payable to 41 the agency, which guarantees that the home health agency, home 42 medical equipment provider, or health care clinic will act in 43 full conformity with all legal requirements for operation. 44 (b) An applicant for initial or change of ownership license 45 must demonstrate financial ability to operate, as required under 46 s. 408.810(8), and submit a financial statement, including a 47 balance sheet and an income and expense statement, and statement 48 of cash flow for the first 2 years of operation which provide 49 evidence of having sufficient assets, credit, and projected 50 revenues to cover liabilities and expenses. The applicant must 51 also prove it has the ability to fund all startup costs through 52 the break-even point in operations by submitting a statement of 53 estimated provider startup costs and sources of funds. The 54 statement shall disclose, at a minimum, reasonable anticipated 55 startup costs, including operating funds needed to reach the 56 break-even point when operating receipts equal or exceed 57 expenditures. To reach the break-even point, at a minimum, 58 operating funds must be equal to 2 months’ average expenses to 59 cover working capital and contingencies. The minimum amount for 60 contingency funding shall be not less than 1 month’s average 61 projected expenses. The applicant must provide documented proof 62 that the funds necessary for start-up, working capital and 63 contingency financing will be available as needed. The applicant 64 shall have demonstrated the financial ability to operate if the 65 applicant’s assets, credit, and projected revenues meet or 66 exceed projected liabilities and expenses. All documentation 67 required under this subsection must be prepared in accordance 68 with generally accepted accounting principles and may be in a 69 compilation form. The financial statement must be signed by a 70 certified public accountant. 71 (3) The agency may not issue an initial or change of 72 ownership license to a home health agency under part III of 73 chapter 400 or this part for the purpose of opening a new home 74 health agency until July 1, 2010, in any county that has at 75 least one actively licensed home health agency and a population 76 of persons 65 years of age or older, as indicated in the most 77 recent population estimates published by the Executive Office of 78 the Governor, of fewer than 1,200 per home health agency. In 79 such counties, for any complete application submitted prior to 80 July 1, 2009, the agency may issue a license only if the 81 applicant has received accreditation before May 1, 2009, from an 82 accrediting organization that is recognized by the agency. 83 (4) In addition to the requirements of s. 408.812, any 84 person who offers services that require licensure under part 85 III, part VII, or part X of chapter 400 without obtaining a 86 valid license; any person who knowingly files a false or 87 misleading license, license renewal, or change of ownership 88 application or who submits false or misleading information 89 related to such application or agency rule; and any person who 90 violates or conspires to violate this section commits a felony 91 of the third degree, punishable as provided in s. 775.082, s. 92 775.083, or s. 775.084. 93 Section 3. This act shall take effect July 1, 2009.