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         408.8065Licensure 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.