Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1736
Barcode 159982
LEGISLATIVE ACTION
Senate . House
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The Committee on Budget (Joyner) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 3593 and 3594
4 insert:
5 Section 90. Section 456.0635, Florida Statutes, is amended
6 to read:
7 456.0635 Health care Medicaid fraud; disqualification for
8 license, certificate, or registration.—
9 (1) Medicaid Fraud in the practice of a health care
10 profession is prohibited.
11 (2) Each board within the jurisdiction of the department,
12 or the department if there is no board, shall refuse to admit a
13 candidate to any examination and refuse to issue or renew a
14 license, certificate, or registration to any applicant if the
15 candidate or applicant or any principal, officer, agent,
16 managing employee, or affiliated person of the applicant, has
17 been:
18 (a) Has been convicted of, or entered a plea of guilty or
19 nolo contendere to, regardless of adjudication, a felony under
20 chapter 409, chapter 817, or chapter 893, or a similar felony
21 offense committed in another state or jurisdiction 21 U.S.C. ss.
22 801-970, or 42 U.S.C. ss. 1395-1396, unless the sentence and any
23 subsequent period of probation for such conviction or plea pleas
24 ended: more than 15 years prior to the date of the application;
25 1. For felonies of the first or second degree, more than 15
26 years before the date of application.
27 2. For felonies of the third degree, more than 10 years
28 before the date of application, except for felonies of the third
29 degree under s. 893.13(6)(a).
30 3. For felonies of the third degree under s. 893.13(6)(a),
31 more than 5 years before the date of application.
32
33 Notwithstanding s. 120.60, for felonies in which the defendant
34 entered a plea of guilty or nolo contendere in an agreement with
35 the court to enter a pretrial intervention or drug diversion
36 program, the board, or the department if there is no board, may
37 not approve or deny the application for a license, certificate,
38 or registration until the final resolution of the case;
39 (b) Has been convicted of, or entered a plea of guilty or
40 nolo contendere to, regardless of adjudication, a felony under
41 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
42 sentence and any subsequent period of probation for such
43 conviction or plea ended more than 15 years before the date of
44 the application;
45 (c)(b) Has been terminated for cause from the Florida
46 Medicaid program pursuant to s. 409.913, unless the applicant
47 has been in good standing with the Florida Medicaid program for
48 the most recent 5 years;
49 (d)(c) Has been terminated for cause, pursuant to the
50 appeals procedures established by the state or Federal
51 Government, from any other state Medicaid program or the federal
52 Medicare program, unless the applicant has been in good standing
53 with a state Medicaid program or the federal Medicare program
54 for the most recent 5 years and the termination occurred at
55 least 20 years before prior to the date of the application; or.
56 (e) Is currently listed on the United States Department of
57 Health and Human Services Office of Inspector General’s List of
58 Excluded Individuals and Entities.
59
60 This subsection does not apply to applicants for initial
61 licensure or certification who were enrolled in an educational
62 or training program on or before July 1, 2010, which was
63 recognized by a board or, if there is no board, recognized by
64 the department, and who applied for licensure after July 1,
65 2010.
66 (3) The department shall refuse to renew a license,
67 certificate, or registration of any applicant if the candidate
68 or applicant or any principal, officer, agent, managing
69 employee, or affiliated person of the applicant:
70 (a) Has been convicted of, or entered a plea of guilty or
71 nolo contendere to, regardless of adjudication, a felony under:
72 chapter 409, chapter 817, or chapter 893, or a similar felony
73 offense committed in another state or jurisdiction since July 1,
74 2010.
75 (b) Has been convicted of, or entered a plea of guilty or
76 nolo contendere to, regardless of adjudication, a felony under
77 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1,
78 2010.
79 (c) Has been terminated for cause from the Florida Medicaid
80 program pursuant to s. 409.913, unless the applicant has been in
81 good standing with the Florida Medicaid program for the most
82 recent 5 years.
83 (d) Has been terminated for cause, pursuant to the appeals
84 procedures established by the state, from any other state
85 Medicaid program, unless the applicant has been in good standing
86 with a state Medicaid program for the most recent 5 years and
87 the termination occurred at least 20 years before the date of
88 the application.
89 (e) Is currently listed on the United States Department of
90 Health and Human Services Office of Inspector General’s List of
91 Excluded Individuals and Entities.
92
93 For felonies in which the defendant entered a plea of guilty or
94 nolo contendere in an agreement with the court to enter a
95 pretrial intervention or drug diversion program, the department
96 may not approve or deny the application for a renewal of a
97 license, certificate, or registration until the final resolution
98 of the case.
99 (4)(3) Licensed health care practitioners shall report
100 allegations of health care Medicaid fraud to the department,
101 regardless of the practice setting in which the alleged Medicaid
102 fraud occurred.
103 (5)(4) The acceptance by a licensing authority of a
104 candidate’s relinquishment of a license which is offered in
105 response to or anticipation of the filing of administrative
106 charges alleging health care Medicaid fraud or similar charges
107 constitutes the permanent revocation of the license.
108 Section 91. Subsection (6) of section 456.036, Florida
109 Statutes, is amended to read:
110 456.036 Licenses; active and inactive status; delinquency.—
111 (6)(a) Except as provided in paragraph (b), a delinquent
112 licensee must affirmatively apply with a complete application,
113 as defined by rule of the board, or the department if there is
114 no board, for active or inactive status during the licensure
115 cycle in which a licensee becomes delinquent. Failure by a
116 delinquent licensee to become active or inactive before the
117 expiration of the current licensure cycle renders the license
118 null without any further action by the board or the department.
119 Any subsequent licensure shall be as a result of applying for
120 and meeting all requirements imposed on an applicant for new
121 licensure.
122 (b) A delinquent licensee whose license becomes delinquent
123 before the final resolution of a case under s. 456.0635(3) must
124 affirmatively apply by submitting a complete application, as
125 defined by rule of the board, or the department if there is no
126 board, for active or inactive status during the licensure cycle
127 in which the case achieves final resolution by order of the
128 court. Failure by a delinquent licensee to become active or
129 inactive before the expiration of that licensure cycle renders
130 the license null without any further action by the board or the
131 department. Any subsequent licensure shall be as a result of
132 applying for and meeting all requirements imposed on an
133 applicant for new licensure.
134
135 ================= T I T L E A M E N D M E N T ================
136 And the title is amended as follows:
137 Delete line 309
138 and insert:
139 applicants; amending s. 456.0635, F.S.; revising the
140 grounds under which the Department of Health or
141 corresponding board is required to refuse to admit a
142 candidate to an examination and to refuse to issue or
143 renew a license, certificate, or registration of a
144 health care practitioner; providing an exception;
145 amending s. 456.036, F.S.; requiring a delinquent
146 licensee whose license becomes delinquent before the
147 final resolution of a case regarding Medicaid fraud to
148 affirmatively apply by submitting a complete
149 application for active or inactive status during the
150 licensure cycle in which the case achieves final
151 resolution by order of the court; providing that
152 failure by a delinquent licensee to become active or
153 inactive before the expiration of that licensure cycle
154 renders the license null; requiring that any
155 subsequent licensure be as a result of applying for
156 and meeting all requirements imposed on an applicant
157 for new licensure; amending s. 483.035, F.S.;
158 providing for a