Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1316
       
       
       
       
       
       
                                Barcode 810774                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/09/2012           .                                
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       The Committee on Health Regulation (Garcia) recommended the
       following:
       
    1         Senate Substitute for Amendment (815246) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (1) of section 395.002, Florida
    7  Statutes, is amended to read:
    8         395.002 Definitions.—As used in this chapter:
    9         (1) “Accrediting organizations” means national
   10  accreditation organizations that are approved by the Centers for
   11  Medicare and Medicaid Services and whose standards incorporate
   12  comparable licensure regulations required by the state the Joint
   13  Commission on Accreditation of Healthcare Organizations, the
   14  American Osteopathic Association, the Commission on
   15  Accreditation of Rehabilitation Facilities, and the
   16  Accreditation Association for Ambulatory Health Care, Inc.
   17         Section 2. Subsection (6) of section 400.474, Florida
   18  Statutes, is amended, present subsection (7) of that section is
   19  renumbered as subsection (8), and a new subsection (7) is added
   20  to that section, to read:
   21         400.474 Administrative penalties.—
   22         (6) The agency may deny, revoke, or suspend the license of
   23  a home health agency and shall impose a fine of $5,000 against a
   24  home health agency that:
   25         (a) Gives remuneration for staffing services to:
   26         1. Another home health agency with which it has formal or
   27  informal patient-referral transactions or arrangements; or
   28         2. A health services pool with which it has formal or
   29  informal patient-referral transactions or arrangements,
   30  
   31         unless the home health agency has activated its
   32  comprehensive emergency management plan in accordance with s.
   33  400.492. This paragraph does not apply to a Medicare-certified
   34  home health agency that provides fair market value remuneration
   35  for staffing services to a non-Medicare-certified home health
   36  agency that is part of a continuing care facility licensed under
   37  chapter 651 for providing services to its own residents if each
   38  resident receiving home health services pursuant to this
   39  arrangement attests in writing that he or she made a decision
   40  without influence from staff of the facility to select, from a
   41  list of Medicare-certified home health agencies provided by the
   42  facility, that Medicare-certified home health agency to provide
   43  the services.
   44         (b) Provides services to residents in an assisted living
   45  facility for which the home health agency does not receive fair
   46  market value remuneration.
   47         (c) Provides staffing to an assisted living facility for
   48  which the home health agency does not receive fair market value
   49  remuneration.
   50         (d) Fails to provide the agency, upon request, with copies
   51  of all contracts with assisted living facilities which were
   52  executed within 5 years before the request.
   53         (e) Gives remuneration to a case manager, discharge
   54  planner, facility-based staff member, or third-party vendor who
   55  is involved in the discharge planning process of a facility
   56  licensed under chapter 395, chapter 429, or this chapter from
   57  whom the home health agency receives referrals.
   58         (f) Fails to submit to the agency, within 15 days after the
   59  end of each calendar quarter, a written report that includes the
   60  following data based on data as it existed on the last day of
   61  the quarter:
   62         1. The number of insulin-dependent diabetic patients
   63  receiving insulin-injection services from the home health
   64  agency;
   65         2. The number of patients receiving both home health
   66  services from the home health agency and hospice services;
   67         3. The number of patients receiving home health services
   68  from that home health agency; and
   69         4. The names and license numbers of nurses whose primary
   70  job responsibility is to provide home health services to
   71  patients and who received remuneration from the home health
   72  agency in excess of $25,000 during the calendar quarter.
   73         (f)(g) Gives cash, or its equivalent, to a Medicare or
   74  Medicaid beneficiary.
   75         (g)(h) Has more than one medical director contract in
   76  effect at one time or more than one medical director contract
   77  and one contract with a physician-specialist whose services are
   78  mandated for the home health agency in order to qualify to
   79  participate in a federal or state health care program at one
   80  time.
   81         (h)(i) Gives remuneration to a physician without a medical
   82  director contract being in effect. The contract must:
   83         1. Be in writing and signed by both parties;
   84         2. Provide for remuneration that is at fair market value
   85  for an hourly rate, which must be supported by invoices
   86  submitted by the medical director describing the work performed,
   87  the dates on which that work was performed, and the duration of
   88  that work; and
   89         3. Be for a term of at least 1 year.
   90  
   91         The hourly rate specified in the contract may not be
   92  increased during the term of the contract. The home health
   93  agency may not execute a subsequent contract with that physician
   94  which has an increased hourly rate and covers any portion of the
   95  term that was in the original contract.
   96         (i)(j) Gives remuneration to:
   97         1. A physician, and the home health agency is in violation
   98  of paragraph (g) (h) or paragraph (h) (i);
   99         2. A member of the physician’s office staff; or
  100         3. An immediate family member of the physician,
  101  
  102         if the home health agency has received a patient referral
  103  in the preceding 12 months from that physician or physician’s
  104  office staff.
  105         (j)(k) Fails to provide to the agency, upon request, copies
  106  of all contracts with a medical director which were executed
  107  within 5 years before the request.
  108         (k)(l) Demonstrates a pattern of billing the Medicaid
  109  program for services to Medicaid recipients which are medically
  110  unnecessary as determined by a final order. A pattern may be
  111  demonstrated by a showing of at least two such medically
  112  unnecessary services within one Medicaid program integrity audit
  113  period.
  114  
  115         Paragraphs (e) and (i) do not apply to or preclude Nothing
  116  in paragraph (e) or paragraph (j) shall be interpreted as
  117  applying to or precluding any discount, compensation, waiver of
  118  payment, or payment practice permitted by 42 U.S.C. s. 1320a
  119  7(b) or regulations adopted thereunder, including 42 C.F.R. s.
  120  1001.952 or s. 1395nn or regulations adopted thereunder.
  121         (7) The agency shall impose a fine of $50 per day against a
  122  home health agency that fails to submit to the agency, within 15
  123  days after the end of each calendar quarter, a written report
  124  that includes the following data based on data as it existed on
  125  the last day of the quarter:
  126         (a) The number of patients receiving both home health
  127  services from the home health agency and hospice services;
  128         (b) The number of patients receiving home health services
  129  from the home health agency;
  130         (c) The number of insulin-dependent diabetic patients
  131  receiving insulin-injection services from the home health
  132  agency; and
  133         (d) The names and license numbers of nurses whose primary
  134  job responsibility is to provide home health services to
  135  patients and who received remuneration from the home health
  136  agency in excess of $25,000 during the calendar quarter.
  137         Section 3. Paragraph (l) of subsection (4) of section
  138  400.9905, Florida Statutes, is amended, and paragraph (m) is
  139  added to that subsection, to read:
  140         400.9905 Definitions.—
  141         (4) “Clinic” means an entity at which health care services
  142  are provided to individuals and which tenders charges for
  143  reimbursement for such services, including a mobile clinic and a
  144  portable equipment provider. For purposes of this part, the term
  145  does not include and the licensure requirements of this part do
  146  not apply to:
  147         (l) Orthotic, or prosthetic, pediatric cardiology, or
  148  perinatology clinical facilities or anesthesia clinical
  149  facilities that are not otherwise exempt under paragraph (a) or
  150  paragraph (k) and that are a publicly traded corporation or that
  151  are wholly owned, directly or indirectly, by a publicly traded
  152  corporation. As used in this paragraph, a publicly traded
  153  corporation is a corporation that issues securities traded on an
  154  exchange registered with the United States Securities and
  155  Exchange Commission as a national securities exchange.
  156         (m)Entities that are owned or controlled, directly or
  157  indirectly, by a publicly traded entity that has $100 million or
  158  more, in the aggregate, in total annual revenues derived from
  159  providing health care services by licensed health care
  160  practitioners who are employed or contracted by an entity
  161  described in this paragraph.
  162         Section 4. Paragraph (i) of subsection (4) of section
  163  409.221, Florida Statutes, is amended to read:
  164         409.221 Consumer-directed care program.—
  165         (4) CONSUMER-DIRECTED CARE.—
  166         (i) Background screening requirements.—All persons who
  167  render care under this section must undergo level 2 background
  168  screening pursuant to chapter 435 and s. 408.809. The agency
  169  shall, as allowable, reimburse consumer-employed caregivers for
  170  the cost of conducting such background screening as required by
  171  this section. For purposes of this section, a person who has
  172  undergone screening, who is qualified for employment under this
  173  section and applicable rule, and who has not been unemployed for
  174  more than 90 days following such screening is not required to be
  175  rescreened. Such person must attest under penalty of perjury to
  176  not having been convicted of a disqualifying offense since
  177  completing such screening.
  178         Section 5. Paragraph (c) of subsection (3) of section
  179  409.907, Florida Statutes, is amended, paragraph (k) is added to
  180  that subsection, and subsections (6), (7), and (8) of that
  181  section are amended, to read:
  182         409.907 Medicaid provider agreements.—The agency may make
  183  payments for medical assistance and related services rendered to
  184  Medicaid recipients only to an individual or entity who has a
  185  provider agreement in effect with the agency, who is performing
  186  services or supplying goods in accordance with federal, state,
  187  and local law, and who agrees that no person shall, on the
  188  grounds of handicap, race, color, or national origin, or for any
  189  other reason, be subjected to discrimination under any program
  190  or activity for which the provider receives payment from the
  191  agency.
  192         (3) The provider agreement developed by the agency, in
  193  addition to the requirements specified in subsections (1) and
  194  (2), shall require the provider to:
  195         (c) Retain all medical and Medicaid-related records for 6 a
  196  period of 5 years to satisfy all necessary inquiries by the
  197  agency.
  198         (k) Report a change in any principal of the provider,
  199  including any officer, director, agent, managing employee, or
  200  affiliated person, or any partner or shareholder who has an
  201  ownership interest equal to 5 percent or more in the provider,
  202  to the agency in writing no later than 30 days after the change
  203  occurs.
  204         (6) A Medicaid provider agreement may be revoked, at the
  205  option of the agency, due to as the result of a change of
  206  ownership of any facility, association, partnership, or other
  207  entity named as the provider in the provider agreement.
  208         (a) In the event of a change of ownership, the transferor
  209  remains liable for all outstanding overpayments, administrative
  210  fines, and any other moneys owed to the agency before the
  211  effective date of the change of ownership. In addition to the
  212  continuing liability of the transferor, The transferee is also
  213  liable to the agency for all outstanding overpayments identified
  214  by the agency on or before the effective date of the change of
  215  ownership. For purposes of this subsection, the term
  216  “outstanding overpayment” includes any amount identified in a
  217  preliminary audit report issued to the transferor by the agency
  218  on or before the effective date of the change of ownership. In
  219  the event of a change of ownership for a skilled nursing
  220  facility or intermediate care facility, the Medicaid provider
  221  agreement shall be assigned to the transferee if the transferee
  222  meets all other Medicaid provider qualifications. In the event
  223  of a change of ownership involving a skilled nursing facility
  224  licensed under part II of chapter 400, liability for all
  225  outstanding overpayments, administrative fines, and any moneys
  226  owed to the agency before the effective date of the change of
  227  ownership shall be determined in accordance with s. 400.179.
  228         (b) At least 60 days before the anticipated date of the
  229  change of ownership, the transferor must shall notify the agency
  230  of the intended change of ownership and the transferee must
  231  shall submit to the agency a Medicaid provider enrollment
  232  application. If a change of ownership occurs without compliance
  233  with the notice requirements of this subsection, the transferor
  234  and transferee are shall be jointly and severally liable for all
  235  overpayments, administrative fines, and other moneys due to the
  236  agency, regardless of whether the agency identified the
  237  overpayments, administrative fines, or other moneys before or
  238  after the effective date of the change of ownership. The agency
  239  may not approve a transferee’s Medicaid provider enrollment
  240  application if the transferee or transferor has not paid or
  241  agreed in writing to a payment plan for all outstanding
  242  overpayments, administrative fines, and other moneys due to the
  243  agency. This subsection does not preclude the agency from
  244  seeking any other legal or equitable remedies available to the
  245  agency for the recovery of moneys owed to the Medicaid program.
  246  In the event of a change of ownership involving a skilled
  247  nursing facility licensed under part II of chapter 400,
  248  liability for all outstanding overpayments, administrative
  249  fines, and any moneys owed to the agency before the effective
  250  date of the change of ownership shall be determined in
  251  accordance with s. 400.179 if the Medicaid provider enrollment
  252  application for change of ownership is submitted before the
  253  change of ownership.
  254         (c) As used in this subsection, the term:
  255         1. “Administrative fines” includes any amount identified in
  256  a notice of a monetary penalty or fine which has been issued by
  257  the agency or other regulatory or licensing agency that governs
  258  the provider.
  259         2. “Outstanding overpayment” includes any amount identified
  260  in a preliminary audit report issued to the transferor by the
  261  agency on or before the effective date of a change of ownership.
  262         (7) The agency may require, As a condition of participating
  263  in the Medicaid program and before entering into the provider
  264  agreement, the agency may require that the provider to submit
  265  information, in an initial and any required renewal
  266  applications, concerning the professional, business, and
  267  personal background of the provider and permit an onsite
  268  inspection of the provider’s service location by agency staff or
  269  other personnel designated by the agency to perform this
  270  function. Before entering into a provider agreement, the agency
  271  may shall perform an a random onsite inspection, within 60 days
  272  after receipt of a fully complete new provider’s application, of
  273  the provider’s service location prior to making its first
  274  payment to the provider for Medicaid services to determine the
  275  applicant’s ability to provide the services in compliance with
  276  the Medicaid program and professional regulations that the
  277  applicant is proposing to provide for Medicaid reimbursement.
  278  The agency is not required to perform an onsite inspection of a
  279  provider or program that is licensed by the agency, that
  280  provides services under waiver programs for home and community
  281  based services, or that is licensed as a medical foster home by
  282  the Department of Children and Family Services. As a continuing
  283  condition of participation in the Medicaid program, a provider
  284  must shall immediately notify the agency of any current or
  285  pending bankruptcy filing. Before entering into the provider
  286  agreement, or as a condition of continuing participation in the
  287  Medicaid program, the agency may also require that Medicaid
  288  providers reimbursed on a fee-for-services basis or fee schedule
  289  basis that which is not cost-based, post a surety bond not to
  290  exceed $50,000 or the total amount billed by the provider to the
  291  program during the current or most recent calendar year,
  292  whichever is greater. For new providers, the amount of the
  293  surety bond shall be determined by the agency based on the
  294  provider’s estimate of its first year’s billing. If the
  295  provider’s billing during the first year exceeds the bond
  296  amount, the agency may require the provider to acquire an
  297  additional bond equal to the actual billing level of the
  298  provider. A provider’s bond need shall not exceed $50,000 if a
  299  physician or group of physicians licensed under chapter 458,
  300  chapter 459, or chapter 460 has a 50 percent or greater
  301  ownership interest in the provider or if the provider is an
  302  assisted living facility licensed under chapter 429. The bonds
  303  permitted by this section are in addition to the bonds
  304  referenced in s. 400.179(2)(d). If the provider is a
  305  corporation, partnership, association, or other entity, the
  306  agency may require the provider to submit information concerning
  307  the background of that entity and of any principal of the
  308  entity, including any partner or shareholder having an ownership
  309  interest in the entity equal to 5 percent or greater, and any
  310  treating provider who participates in or intends to participate
  311  in Medicaid through the entity. The information must include:
  312         (a) Proof of holding a valid license or operating
  313  certificate, as applicable, if required by the state or local
  314  jurisdiction in which the provider is located or if required by
  315  the Federal Government.
  316         (b) Information concerning any prior violation, fine,
  317  suspension, termination, or other administrative action taken
  318  under the Medicaid laws, rules, or regulations of this state or
  319  of any other state or the Federal Government; any prior
  320  violation of the laws, rules, or regulations relating to the
  321  Medicare program; any prior violation of the rules or
  322  regulations of any other public or private insurer; and any
  323  prior violation of the laws, rules, or regulations of any
  324  regulatory body of this or any other state.
  325         (c) Full and accurate disclosure of any financial or
  326  ownership interest that the provider, or any principal, partner,
  327  or major shareholder thereof, may hold in any other Medicaid
  328  provider or health care related entity or any other entity that
  329  is licensed by the state to provide health or residential care
  330  and treatment to persons.
  331         (d) If a group provider, identification of all members of
  332  the group and attestation that all members of the group are
  333  enrolled in or have applied to enroll in the Medicaid program.
  334         (8)(a) Each provider, or each principal of the provider if
  335  the provider is a corporation, partnership, association, or
  336  other entity, seeking to participate in the Medicaid program
  337  must submit a complete set of his or her fingerprints to the
  338  agency for the purpose of conducting a criminal history record
  339  check. Principals of the provider include any officer, director,
  340  billing agent, managing employee, or affiliated person, or any
  341  partner or shareholder who has an ownership interest equal to 5
  342  percent or more in the provider. However, for a hospital
  343  licensed under chapter 395 or a nursing home licensed under
  344  chapter 400, principals of the provider are those who meet the
  345  definition of a controlling interest under s. 408.803. A
  346  director of a not-for-profit corporation or organization is not
  347  a principal for purposes of a background investigation as
  348  required by this section if the director: serves solely in a
  349  voluntary capacity for the corporation or organization, does not
  350  regularly take part in the day-to-day operational decisions of
  351  the corporation or organization, receives no remuneration from
  352  the not-for-profit corporation or organization for his or her
  353  service on the board of directors, has no financial interest in
  354  the not-for-profit corporation or organization, and has no
  355  family members with a financial interest in the not-for-profit
  356  corporation or organization; and if the director submits an
  357  affidavit, under penalty of perjury, to this effect to the
  358  agency and the not-for-profit corporation or organization
  359  submits an affidavit, under penalty of perjury, to this effect
  360  to the agency as part of the corporation’s or organization’s
  361  Medicaid provider agreement application.
  362         (a) Notwithstanding the above, the agency may require a
  363  background check for any person reasonably suspected by the
  364  agency to have been convicted of a crime. This subsection does
  365  not apply to:
  366         1. A hospital licensed under chapter 395;
  367         2. A nursing home licensed under chapter 400;
  368         3. A hospice licensed under chapter 400;
  369         4. An assisted living facility licensed under chapter 429;
  370         1.5. A unit of local government, except that requirements
  371  of this subsection apply to nongovernmental providers and
  372  entities contracting with the local government to provide
  373  Medicaid services. The actual cost of the state and national
  374  criminal history record checks must be borne by the
  375  nongovernmental provider or entity; or
  376         2.6. Any business that derives more than 50 percent of its
  377  revenue from the sale of goods to the final consumer, and the
  378  business or its controlling parent is required to file a form
  379  10-K or other similar statement with the Securities and Exchange
  380  Commission or has a net worth of $50 million or more.
  381         (b) Background screening shall be conducted in accordance
  382  with chapter 435 and s. 408.809. The cost of the state and
  383  national criminal record check shall be borne by the provider.
  384         (c) Proof of compliance with the requirements of level 2
  385  screening under chapter 435 conducted within 12 months before
  386  the date the Medicaid provider application is submitted to the
  387  agency fulfills the requirements of this subsection.
  388         Section 6. Present paragraphs (e) and (f) of subsection (1)
  389  of section 409.913, Florida Statutes, are redesignated as
  390  paragraphs (f) and (g), respectively, a new paragraph (e) is
  391  added to that subsection, and subsections (2), (9), (13), (15),
  392  (16), (21), (22), (25), (28), (29), (30), and (31) of that
  393  section are amended, to read:
  394         409.913 Oversight of the integrity of the Medicaid
  395  program.—The agency shall operate a program to oversee the
  396  activities of Florida Medicaid recipients, and providers and
  397  their representatives, to ensure that fraudulent and abusive
  398  behavior and neglect of recipients occur to the minimum extent
  399  possible, and to recover overpayments and impose sanctions as
  400  appropriate. Beginning January 1, 2003, and each year
  401  thereafter, the agency and the Medicaid Fraud Control Unit of
  402  the Department of Legal Affairs shall submit a joint report to
  403  the Legislature documenting the effectiveness of the state’s
  404  efforts to control Medicaid fraud and abuse and to recover
  405  Medicaid overpayments during the previous fiscal year. The
  406  report must describe the number of cases opened and investigated
  407  each year; the sources of the cases opened; the disposition of
  408  the cases closed each year; the amount of overpayments alleged
  409  in preliminary and final audit letters; the number and amount of
  410  fines or penalties imposed; any reductions in overpayment
  411  amounts negotiated in settlement agreements or by other means;
  412  the amount of final agency determinations of overpayments; the
  413  amount deducted from federal claiming as a result of
  414  overpayments; the amount of overpayments recovered each year;
  415  the amount of cost of investigation recovered each year; the
  416  average length of time to collect from the time the case was
  417  opened until the overpayment is paid in full; the amount
  418  determined as uncollectible and the portion of the uncollectible
  419  amount subsequently reclaimed from the Federal Government; the
  420  number of providers, by type, that are terminated from
  421  participation in the Medicaid program as a result of fraud and
  422  abuse; and all costs associated with discovering and prosecuting
  423  cases of Medicaid overpayments and making recoveries in such
  424  cases. The report must also document actions taken to prevent
  425  overpayments and the number of providers prevented from
  426  enrolling in or reenrolling in the Medicaid program as a result
  427  of documented Medicaid fraud and abuse and must include policy
  428  recommendations necessary to prevent or recover overpayments and
  429  changes necessary to prevent and detect Medicaid fraud. All
  430  policy recommendations in the report must include a detailed
  431  fiscal analysis, including, but not limited to, implementation
  432  costs, estimated savings to the Medicaid program, and the return
  433  on investment. The agency must submit the policy recommendations
  434  and fiscal analyses in the report to the appropriate estimating
  435  conference, pursuant to s. 216.137, by February 15 of each year.
  436  The agency and the Medicaid Fraud Control Unit of the Department
  437  of Legal Affairs each must include detailed unit-specific
  438  performance standards, benchmarks, and metrics in the report,
  439  including projected cost savings to the state Medicaid program
  440  during the following fiscal year.
  441         (1) For the purposes of this section, the term:
  442         (e) “Medicaid provider” or “provider” has the same meaning
  443  as provided in s. 409.901 and, for purposes of oversight of the
  444  integrity of the Medicaid program, also includes a participant
  445  in a Medicaid managed care provider network.
  446         (2) The agency shall conduct, or cause to be conducted by
  447  contract or otherwise, reviews, investigations, analyses,
  448  audits, or any combination thereof, to determine possible fraud,
  449  abuse, overpayment, or recipient neglect in the Medicaid program
  450  and shall report the findings of any overpayments in audit
  451  reports as appropriate. At least 5 percent of all audits must
  452  shall be conducted on a random basis. As part of its ongoing
  453  fraud detection activities, the agency shall identify and
  454  monitor, by contract or otherwise, patterns of overutilization
  455  of Medicaid services based on state averages. The agency shall
  456  track Medicaid provider prescription and billing patterns and
  457  evaluate them against Medicaid medical necessity criteria and
  458  coverage and limitation guidelines adopted by rule. Medical
  459  necessity determination requires that service be consistent with
  460  symptoms or confirmed diagnosis of illness or injury under
  461  treatment and not in excess of the patient’s needs. The agency
  462  shall conduct reviews of provider exceptions to peer group norms
  463  and shall, using statistical methodologies, provider profiling,
  464  and analysis of billing patterns, detect and investigate
  465  abnormal or unusual increases in billing or payment of claims
  466  for Medicaid services and medically unnecessary provision of
  467  services. The agency may review and analyze information from
  468  sources other than enrolled Medicaid providers in conducting its
  469  activities under this subsection.
  470         (9) A Medicaid provider shall retain medical, professional,
  471  financial, and business records pertaining to services and goods
  472  furnished to a Medicaid recipient and billed to Medicaid for 6 a
  473  period of 5 years after the date of furnishing such services or
  474  goods. The agency may investigate, review, or analyze such
  475  records, which must be made available during normal business
  476  hours. However, 24-hour notice must be provided if patient
  477  treatment would be disrupted. The provider is responsible for
  478  furnishing to the agency, and keeping the agency informed of the
  479  location of, the provider’s Medicaid-related records. The
  480  authority of the agency to obtain Medicaid-related records from
  481  a provider is neither curtailed nor limited during a period of
  482  litigation between the agency and the provider.
  483         (13) The agency shall immediately terminate participation
  484  of a Medicaid provider in the Medicaid program and may seek
  485  civil remedies or impose other administrative sanctions against
  486  a Medicaid provider, if the provider or any principal, officer,
  487  director, agent, managing employee, or affiliated person of the
  488  provider, or any partner or shareholder having an ownership
  489  interest in the provider equal to 5 percent or greater, has been
  490  convicted of a criminal offense under federal law or the law of
  491  any state relating to the practice of the provider’s profession,
  492  or an offense listed under s. 409.907(10), s. 408.809(4), or s.
  493  435.04(2) has been:
  494         (a) Convicted of a criminal offense related to the delivery
  495  of any health care goods or services, including the performance
  496  of management or administrative functions relating to the
  497  delivery of health care goods or services;
  498         (b) Convicted of a criminal offense under federal law or
  499  the law of any state relating to the practice of the provider’s
  500  profession; or
  501         (c) Found by a court of competent jurisdiction to have
  502  neglected or physically abused a patient in connection with the
  503  delivery of health care goods or services. If the agency
  504  determines that the a provider did not participate or acquiesce
  505  in the an offense specified in paragraph (a), paragraph (b), or
  506  paragraph (c), termination will not be imposed. If the agency
  507  effects a termination under this subsection, the agency shall
  508  issue an immediate final order pursuant to s. 120.569(2)(n).
  509         (15) The agency shall seek a remedy provided by law,
  510  including, but not limited to, any remedy provided in
  511  subsections (13) and (16) and s. 812.035, if:
  512         (a) The provider’s license has not been renewed, or has
  513  been revoked, suspended, or terminated, for cause, by the
  514  licensing agency of any state;
  515         (b) The provider has failed to make available or has
  516  refused access to Medicaid-related records to an auditor,
  517  investigator, or other authorized employee or agent of the
  518  agency, the Attorney General, a state attorney, or the Federal
  519  Government;
  520         (c) The provider has not furnished or has failed to make
  521  available such Medicaid-related records as the agency has found
  522  necessary to determine whether Medicaid payments are or were due
  523  and the amounts thereof;
  524         (d) The provider has failed to maintain medical records
  525  made at the time of service, or prior to service if prior
  526  authorization is required, demonstrating the necessity and
  527  appropriateness of the goods or services rendered;
  528         (e) The provider is not in compliance with provisions of
  529  Medicaid provider publications that have been adopted by
  530  reference as rules in the Florida Administrative Code; with
  531  provisions of state or federal laws, rules, or regulations; with
  532  provisions of the provider agreement between the agency and the
  533  provider; or with certifications found on claim forms or on
  534  transmittal forms for electronically submitted claims that are
  535  submitted by the provider or authorized representative, as such
  536  provisions apply to the Medicaid program;
  537         (f) The provider or person who ordered, authorized, or
  538  prescribed the care, services, or supplies has furnished, or
  539  ordered, or authorized the furnishing of, goods or services to a
  540  recipient which are inappropriate, unnecessary, excessive, or
  541  harmful to the recipient or are of inferior quality;
  542         (g) The provider has demonstrated a pattern of failure to
  543  provide goods or services that are medically necessary;
  544         (h) The provider or an authorized representative of the
  545  provider, or a person who ordered, authorized, or prescribed the
  546  goods or services, has submitted or caused to be submitted false
  547  or a pattern of erroneous Medicaid claims;
  548         (i) The provider or an authorized representative of the
  549  provider, or a person who has ordered, authorized, or prescribed
  550  the goods or services, has submitted or caused to be submitted a
  551  Medicaid provider enrollment application, a request for prior
  552  authorization for Medicaid services, a drug exception request,
  553  or a Medicaid cost report that contains materially false or
  554  incorrect information;
  555         (j) The provider or an authorized representative of the
  556  provider has collected from or billed a recipient or a
  557  recipient’s responsible party improperly for amounts that should
  558  not have been so collected or billed by reason of the provider’s
  559  billing the Medicaid program for the same service;
  560         (k) The provider or an authorized representative of the
  561  provider has included in a cost report costs that are not
  562  allowable under a Florida Title XIX reimbursement plan, after
  563  the provider or authorized representative had been advised in an
  564  audit exit conference or audit report that the costs were not
  565  allowable;
  566         (l) The provider is charged by information or indictment
  567  with fraudulent billing practices or any offense referenced in
  568  subsection (13). The sanction applied for this reason is limited
  569  to suspension of the provider’s participation in the Medicaid
  570  program for the duration of the indictment unless the provider
  571  is found guilty pursuant to the information or indictment;
  572         (m) The provider or a person who has ordered, authorized,
  573  or prescribed the goods or services is found liable for
  574  negligent practice resulting in death or injury to the
  575  provider’s patient;
  576         (n) The provider fails to demonstrate that it had available
  577  during a specific audit or review period sufficient quantities
  578  of goods, or sufficient time in the case of services, to support
  579  the provider’s billings to the Medicaid program;
  580         (o) The provider has failed to comply with the notice and
  581  reporting requirements of s. 409.907;
  582         (p) The agency has received reliable information of patient
  583  abuse or neglect or of any act prohibited by s. 409.920; or
  584         (q) The provider has failed to comply with an agreed-upon
  585  repayment schedule.
  586  
  587         A provider is subject to sanctions for violations of this
  588  subsection as the result of actions or inactions of the
  589  provider, or actions or inactions of any principal, officer,
  590  director, agent, managing employee, or affiliated person of the
  591  provider, or any partner or shareholder having an ownership
  592  interest in the provider equal to 5 percent or greater, in which
  593  the provider participated or acquiesced.
  594         (16) The agency shall impose any of the following sanctions
  595  or disincentives on a provider or a person for any of the acts
  596  described in subsection (15):
  597         (a) Suspension for a specific period of time of not more
  598  than 1 year. Suspension precludes shall preclude participation
  599  in the Medicaid program, which includes any action that results
  600  in a claim for payment to the Medicaid program as a result of
  601  furnishing, supervising a person who is furnishing, or causing a
  602  person to furnish goods or services.
  603         (b) Termination for a specific period of time of from more
  604  than 1 year to 20 years. Termination precludes shall preclude
  605  participation in the Medicaid program, which includes any action
  606  that results in a claim for payment to the Medicaid program as a
  607  result of furnishing, supervising a person who is furnishing, or
  608  causing a person to furnish goods or services.
  609         (c) Imposition of a fine of up to $5,000 for each
  610  violation. Each day that an ongoing violation continues, such as
  611  refusing to furnish Medicaid-related records or refusing access
  612  to records, is considered, for the purposes of this section, to
  613  be a separate violation. Each instance of improper billing of a
  614  Medicaid recipient; each instance of including an unallowable
  615  cost on a hospital or nursing home Medicaid cost report after
  616  the provider or authorized representative has been advised in an
  617  audit exit conference or previous audit report of the cost
  618  unallowability; each instance of furnishing a Medicaid recipient
  619  goods or professional services that are inappropriate or of
  620  inferior quality as determined by competent peer judgment; each
  621  instance of knowingly submitting a materially false or erroneous
  622  Medicaid provider enrollment application, request for prior
  623  authorization for Medicaid services, drug exception request, or
  624  cost report; each instance of inappropriate prescribing of drugs
  625  for a Medicaid recipient as determined by competent peer
  626  judgment; and each false or erroneous Medicaid claim leading to
  627  an overpayment to a provider is considered, for the purposes of
  628  this section, to be a separate violation.
  629         (d) Immediate suspension, if the agency has received
  630  information of patient abuse or neglect or of any act prohibited
  631  by s. 409.920. Upon suspension, the agency must issue an
  632  immediate final order under s. 120.569(2)(n).
  633         (e) A fine, not to exceed $10,000, for a violation of
  634  paragraph (15)(i).
  635         (f) Imposition of liens against provider assets, including,
  636  but not limited to, financial assets and real property, not to
  637  exceed the amount of fines or recoveries sought, upon entry of
  638  an order determining that such moneys are due or recoverable.
  639         (g) Prepayment reviews of claims for a specified period of
  640  time.
  641         (h) Comprehensive followup reviews of providers every 6
  642  months to ensure that they are billing Medicaid correctly.
  643         (i) Corrective-action plans that would remain in effect for
  644  providers for up to 3 years and that are would be monitored by
  645  the agency every 6 months while in effect.
  646         (j) Other remedies as permitted by law to effect the
  647  recovery of a fine or overpayment.
  648  
  649  If a provider voluntarily relinquishes its Medicaid provider
  650  number after receiving written notice that the agency is
  651  conducting, or has conducted, an audit or investigation and the
  652  sanction of suspension or termination will be imposed for
  653  noncompliance discovered as a result of the audit or
  654  investigation, the agency shall impose the sanction of
  655  termination for cause against the provider. The Secretary of
  656  Health Care Administration may make a determination that
  657  imposition of a sanction or disincentive is not in the best
  658  interest of the Medicaid program, in which case a sanction or
  659  disincentive may shall not be imposed.
  660         (21) When making a determination that an overpayment has
  661  occurred, the agency shall prepare and issue an audit report to
  662  the provider showing the calculation of overpayments. The
  663  agency’s determination shall be based solely upon information
  664  available to it before issuance of the audit report and, in the
  665  case of documentation obtained to substantiate claims for
  666  Medicaid reimbursement, based solely upon contemporaneous
  667  records.
  668         (22) The audit report, supported by agency work papers,
  669  showing an overpayment to a provider constitutes evidence of the
  670  overpayment. A provider may not present or elicit testimony,
  671  either on direct examination or cross-examination in any court
  672  or administrative proceeding, regarding the purchase or
  673  acquisition by any means of drugs, goods, or supplies; sales or
  674  divestment by any means of drugs, goods, or supplies; or
  675  inventory of drugs, goods, or supplies, unless such acquisition,
  676  sales, divestment, or inventory is documented by written
  677  invoices, written inventory records, or other competent written
  678  documentary evidence maintained in the normal course of the
  679  provider’s business. Testimony or evidence that is not based
  680  upon contemporaneous records or that was not furnished to the
  681  agency within 21 days after the issuance of the audit report is
  682  inadmissible in an administrative hearing on a Medicaid
  683  overpayment or an administrative sanction. Notwithstanding the
  684  applicable rules of discovery, all documentation to that will be
  685  offered as evidence at an administrative hearing on a Medicaid
  686  overpayment or an administrative sanction must be exchanged by
  687  all parties at least 14 days before the administrative hearing
  688  or must be excluded from consideration.
  689         (25)(a) The agency shall withhold Medicaid payments, in
  690  whole or in part, to a provider upon receipt of reliable
  691  evidence that the circumstances giving rise to the need for a
  692  withholding of payments involve fraud, willful
  693  misrepresentation, or abuse under the Medicaid program, or a
  694  crime committed while rendering goods or services to Medicaid
  695  recipients. If it is determined that fraud, willful
  696  misrepresentation, abuse, or a crime did not occur, the payments
  697  withheld must be paid to the provider within 14 days after such
  698  determination with interest at the rate of 10 percent a year.
  699  Any money withheld in accordance with this paragraph shall be
  700  placed in a suspended account, readily accessible to the agency,
  701  so that any payment ultimately due the provider shall be made
  702  within 14 days.
  703         (b) The agency shall deny payment, or require repayment, if
  704  the goods or services were furnished, supervised, or caused to
  705  be furnished by a person who has been suspended or terminated
  706  from the Medicaid program or Medicare program by the Federal
  707  Government or any state.
  708         (c) Overpayments owed to the agency bear interest at the
  709  rate of 10 percent per year from the date of determination of
  710  the overpayment by the agency, and payment arrangements
  711  regarding overpayments and fines must be made within 30 days
  712  after the date of the final order and are not subject to further
  713  appeal at the conclusion of legal proceedings. A provider who
  714  does not enter into or adhere to an agreed-upon repayment
  715  schedule may be terminated by the agency for nonpayment or
  716  partial payment.
  717         (d) The agency, upon entry of a final agency order, a
  718  judgment or order of a court of competent jurisdiction, or a
  719  stipulation or settlement, may collect the moneys owed by all
  720  means allowable by law, including, but not limited to, notifying
  721  any fiscal intermediary of Medicare benefits that the state has
  722  a superior right of payment. Upon receipt of such written
  723  notification, the Medicare fiscal intermediary shall remit to
  724  the state the sum claimed.
  725         (e) The agency may institute amnesty programs to allow
  726  Medicaid providers the opportunity to voluntarily repay
  727  overpayments. The agency may adopt rules to administer such
  728  programs.
  729         (28) Venue for all Medicaid program integrity overpayment
  730  cases lies shall lie in Leon County, at the discretion of the
  731  agency.
  732         (29) Notwithstanding other provisions of law, the agency
  733  and the Medicaid Fraud Control Unit of the Department of Legal
  734  Affairs may review a person’s or provider’s Medicaid-related and
  735  non-Medicaid-related records in order to determine the total
  736  output of a provider’s practice to reconcile quantities of goods
  737  or services billed to Medicaid with quantities of goods or
  738  services used in the provider’s total practice.
  739         (30) The agency shall terminate a provider’s participation
  740  in the Medicaid program if the provider fails to reimburse an
  741  overpayment or pay a fine that has been determined by final
  742  order, not subject to further appeal, within 30 35 days after
  743  the date of the final order, unless the provider and the agency
  744  have entered into a repayment agreement.
  745         (31) If a provider requests an administrative hearing
  746  pursuant to chapter 120, such hearing must be conducted within
  747  90 days following assignment of an administrative law judge,
  748  absent exceptionally good cause shown as determined by the
  749  administrative law judge or hearing officer. Upon issuance of a
  750  final order, the outstanding balance of the amount determined to
  751  constitute the overpayment and fines is shall become due. If a
  752  provider fails to make payments in full, fails to enter into a
  753  satisfactory repayment plan, or fails to comply with the terms
  754  of a repayment plan or settlement agreement, the agency shall
  755  withhold medical assistance reimbursement payments for Medicaid
  756  services until the amount due is paid in full.
  757         Section 7. Subsection (8) of section 409.920, Florida
  758  Statutes, is amended to read:
  759         409.920 Medicaid provider fraud.—
  760         (8) A person who provides the state, any state agency, any
  761  of the state’s political subdivisions, or any agency of the
  762  state’s political subdivisions with information about fraud or
  763  suspected fraudulent acts fraud by a Medicaid provider,
  764  including a managed care organization, is immune from civil
  765  liability for libel, slander, or any other relevant tort for
  766  providing any the information about fraud or suspected
  767  fraudulent acts, unless the person acted with knowledge that the
  768  information was false or with reckless disregard for the truth
  769  or falsity of the information. For purposes of this subsection,
  770  the term “fraudulent acts” includes actual or suspected fraud,
  771  abuse, or overpayment, including any fraud-related matters that
  772  a provider or health plan is required to report to the agency or
  773  a law enforcement agency. The immunity from civil liability
  774  extends to reports of fraudulent acts conveyed to the agency in
  775  any manner, including any forum and with any audience as
  776  directed by the agency, and includes all discussions subsequent
  777  to the report and subsequent inquiries from the agency, unless
  778  the person acted with knowledge that the information was false
  779  or with reckless disregard for the truth or falsity of the
  780  information.
  781         Section 8. Paragraph (c) of subsection (2) of section
  782  409.967, Florida Statutes, is amended to read:
  783         409.967 Managed care plan accountability.—
  784         (2) The agency shall establish such contract requirements
  785  as are necessary for the operation of the statewide managed care
  786  program. In addition to any other provisions the agency may deem
  787  necessary, the contract must require:
  788         (c) Access.—
  789         1. Providers.—The agency shall establish specific standards
  790  for the number, type, and regional distribution of providers in
  791  managed care plan networks to ensure access to care for both
  792  adults and children. Each plan must maintain a regionwide
  793  network of providers in sufficient numbers to meet the access
  794  standards for specific medical services for all recipients
  795  enrolled in the plan. The exclusive use of mail-order pharmacies
  796  is may not be sufficient to meet network access standards.
  797  Consistent with the standards established by the agency,
  798  provider networks may include providers located outside the
  799  region. A plan may contract with a new hospital facility before
  800  the date the hospital becomes operational if the hospital has
  801  commenced construction, will be licensed and operational by
  802  January 1, 2013, and a final order has issued in any civil or
  803  administrative challenge. Each plan shall establish and maintain
  804  an accurate and complete electronic database of contracted
  805  providers, including information about licensure or
  806  registration, locations and hours of operation, specialty
  807  credentials and other certifications, specific performance
  808  indicators, and such other information as the agency deems
  809  necessary. The database must be available online to both the
  810  agency and the public and have the capability to compare the
  811  availability of providers to network adequacy standards and to
  812  accept and display feedback from each provider’s patients. Each
  813  plan shall submit quarterly reports to the agency identifying
  814  the number of enrollees assigned to each primary care provider.
  815         2. Prescribed drugs.—
  816         a. If establishing a prescribed drug formulary or preferred
  817  drug list, a managed care plan must:
  818         (I)Provide a broad range of therapeutic options for the
  819  treatment of disease states consistent with the general needs of
  820  an outpatient population. Whenever feasible, the formulary or
  821  preferred drug list should include at least two products in a
  822  therapeutic class;
  823         (II)Include coverage via prior authorization for each drug
  824  newly approved by the federal Food and Drug Administration until
  825  the plan’s Pharmaceutical and Therapeutics Committee reviews
  826  such drug for inclusion on the formulary. The timing of the
  827  formulary review must comply with s. 409.91195; and
  828         (III)Provide a response within 24 hours after receipt of
  829  all necessary information from the medical provider for a
  830  request for prior authorization and provide a procedure for
  831  escalating a delayed prior authorization request to the pharmacy
  832  management team for resolution or to override other medical
  833  management tools.
  834         b. Each managed care plan shall must publish any prescribed
  835  drug formulary or preferred drug list on the plan’s website in a
  836  manner that is accessible to and searchable by enrollees and
  837  providers. The plan must update the list within 24 hours after
  838  making a change. Each plan must ensure that the prior
  839  authorization process for prescribed drugs is readily accessible
  840  to health care providers, including posting appropriate contact
  841  information on its website and providing timely responses to
  842  providers.
  843         c.The managed care plan must continue to permit an
  844  enrollee who was receiving a prescription drug that was on the
  845  plan’s formulary and subsequently removed or changed to continue
  846  to receive that drug if the provider submits a written request
  847  that demonstrates that the drug is medically necessary, and the
  848  enrollee meets clinical criteria to receive the drug.
  849         d.A managed care plan that imposes a step-therapy or a
  850  fail-first protocol must do so in accordance with the following:
  851         (I)If prescribed drugs for the treatment of a medical
  852  condition are restricted for use by the plan through a step
  853  therapy or fail-first protocol, the plan must provide the
  854  prescriber with access to a clear and convenient process to
  855  expeditiously request a prior authorization that includes a
  856  procedure for escalation to the pharmacy management team if not
  857  resolved in a timely manner.
  858         (II)Escalation to the pharmacy management team must be
  859  expeditiously granted by the plan if the prescriber can submit
  860  appropriate and complete medical documentation to the plan that
  861  the preferred treatment required under the step-therapy or fail
  862  first protocol:
  863         (A) Has been ineffective in the treatment of the enrollee’s
  864  disease or medical condition;
  865         (B) Is reasonably expected to be ineffective based on the
  866  known relevant physical or mental characteristics and medical
  867  history of the enrollee and known characteristics of the drug
  868  regimen; or
  869         (C) Will cause or will likely cause an adverse reaction or
  870  other physical harm to the enrollee.
  871         (III)The pharmacy management team shall work directly with
  872  the medical provider to bring the prior-authorization request to
  873  a clinically appropriate, cost-effective, and timely resolution.
  874         e. For enrollees Medicaid recipients diagnosed with
  875  hemophilia who have been prescribed anti-hemophilic-factor
  876  replacement products, the agency shall provide for those
  877  products and hemophilia overlay services through the agency’s
  878  hemophilia disease management program.
  879         3.Prior authorization.—
  880         a. Each managed care plan must ensure that the prior
  881  authorization process for prescribed drugs is readily accessible
  882  to health care providers, including posting appropriate contact
  883  information on its website and providing timely responses to
  884  providers.
  885         b. If a drug, determined to be medically necessary and
  886  prescribed for an enrollee by a physician using sound clinical
  887  judgment, is subject to prior authorization and approved, the
  888  managed care plan must provide for sufficient refills to
  889  complete the duration of the prescription. If the medication is
  890  still clinically appropriate for ongoing therapy after the
  891  initial prior authorization expires, the plan must provide a
  892  process of expedited review to evaluate ongoing therapy.
  893         c.If a prescribed drug requires prior authorization, the
  894  managed care plan shall reimburse the pharmacist for dispensing
  895  a 72-hour supply of oral maintenance medications to the enrollee
  896  and process the prior authorization request. Dispensing a 72
  897  hour supply must be consistent with laws that govern pharmacy
  898  practice and controlled substances. The managed care plan shall
  899  process all prior authorization requests in as timely a manner
  900  as possible.
  901         d.3. Managed care plans, and their fiscal agents or
  902  intermediaries, must accept prior authorization requests for
  903  prescribed drugs any service electronically.
  904         Section 9. Subsection (11) is added to section 429.23,
  905  Florida Statutes, to read:
  906         429.23 Internal risk management and quality assurance
  907  program; adverse incidents and reporting requirements.—
  908         (11) The agency shall annually submit a report to the
  909  Legislature on adverse incident reports by assisted living
  910  facilities. The report must include the following information
  911  arranged by county:
  912         (a) A total number of adverse incidents;
  913         (b) A listing, by category, of the type of adverse
  914  incidents occurring within each category and the type of staff
  915  involved;
  916         (c) A listing, by category, of the types of injuries, if
  917  any, and the number of injuries occurring within each category;
  918         (d) Types of liability claims filed based on an adverse
  919  incident report or reportable injury; and
  920         (e) Disciplinary action taken against staff, categorized by
  921  the type of staff involved.
  922         Section 10. Present subsections (9), (10), and (11) of
  923  section 429.26, Florida Statutes, are renumbered as subsections
  924  (12), (13), and (14), respectively, and new subsections (9),
  925  (10), and (11) are added to that section, to read:
  926         429.26 Appropriateness of placements; examinations of
  927  residents.—
  928         (9) If, at any time after admission to a facility, agency
  929  personnel question whether a resident needs care beyond that
  930  which the facility is licensed to provide, the agency may
  931  require the resident to be physically examined by a licensed
  932  physician, licensed physician assistant, or certified nurse
  933  practitioner. To the extent possible, the examination must be
  934  performed by the resident’s preferred physician, physician
  935  assistant, or nurse practitioner and paid for by the resident
  936  with personal funds, except as provided in s. 429.18(2). This
  937  subsection does not preclude the agency from imposing sanctions
  938  for violations of subsection (1).
  939         (a) Following examination, the examining physician,
  940  physician assistant, or nurse practitioner shall complete and
  941  sign a medical form provided by the agency. The completed
  942  medical form must be submitted to the agency within 30 days
  943  after the date the facility owner or administrator was notified
  944  by the agency that a physical examination is required.
  945         (b) A medical review team designated by the agency shall
  946  determine whether the resident is appropriately residing in the
  947  facility based on the completed medical form and, if necessary,
  948  consultation with the physician, physician assistant, or nurse
  949  practitioner who performed the examination. Members of the
  950  medical review team making the determination may not include the
  951  agency personnel who initially questioned the appropriateness of
  952  the resident’s placement. The medical review team shall base its
  953  decision on a comprehensive review of the resident’s physical
  954  and functional status. A determination that the resident’s
  955  placement is not appropriate is final and binding upon the
  956  facility and the resident.
  957         (c) A resident who is determined by the medical review team
  958  to be inappropriately residing in a facility shall be given 30
  959  days’ written notice to relocate by the owner or administrator,
  960  unless the resident’s continued residence in the facility
  961  presents an imminent danger to the health, safety, or welfare of
  962  the resident or a substantial probability exists that death or
  963  serious physical harm to the resident would result if the
  964  resident is allowed to remain in the facility.
  965         (10) If a mental health resident appears to have needs in
  966  addition to those identified in the community living support
  967  plan, the agency may require an evaluation by a mental health
  968  professional, as determined by the Department of Children and
  969  Family Services.
  970         (11) A facility may not be required to retain a resident
  971  who requires more services or care than the facility is able to
  972  provide in accordance with its policies and criteria for
  973  admission and continued residency.
  974         Section 11. Effective July 1, 2012, section 456.0635,
  975  Florida Statutes, is amended to read:
  976         456.0635 Health care Medicaid fraud; disqualification for
  977  license, certificate, or registration.—
  978         (1) Health care Medicaid fraud in the practice of a health
  979  care profession is prohibited.
  980         (2) Each board under within the jurisdiction of the
  981  department, or the department if there is no board, shall refuse
  982  to admit a candidate to an any examination and refuse to issue
  983  or renew a license, certificate, or registration to an any
  984  applicant if the candidate or applicant or any principal,
  985  officer, agent, managing employee, or affiliated person of the
  986  applicant, has been:
  987         (a) Has been convicted of, or entered a plea of guilty or
  988  nolo contendere to, regardless of adjudication, a felony under
  989  chapter 409, chapter 817, or chapter 893, or a similar felony
  990  offense committed in another state or jurisdiction, unless the
  991  candidate or applicant has successfully completed a drug court
  992  program for that felony and provides proof that the plea has
  993  been withdrawn or the charges have been dismissed. Any such
  994  conviction or plea shall exclude the applicant or candidate from
  995  licensure, examination, certification, or registration 21 U.S.C.
  996  ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the sentence and
  997  any subsequent period of probation for such conviction or plea
  998  pleas ended: more than 15 years prior to the date of the
  999  application;
 1000         1. For felonies of the first or second degree, more than 15
 1001  years before the date of application.
 1002         2. For felonies of the third degree, more than 10 years
 1003  before the date of application, except for felonies of the third
 1004  degree under s. 893.13(6)(a).
 1005         3. For felonies of the third degree under s. 893.13(6)(a),
 1006  more than 5 years before the date of application.
 1007         (b) Has been convicted of, or entered a plea of guilty or
 1008  nolo contendere to, regardless of adjudication, a felony under
 1009  21 U.S.C. ss. 801-970 or 42 U.S.C. ss. 1395-1396, unless the
 1010  sentence and any subsequent period of probation for such
 1011  conviction or plea ended more than 15 years before the date of
 1012  the application.
 1013         (c)(b)Has been terminated for cause from the Florida
 1014  Medicaid program pursuant to s. 409.913, unless the candidate or
 1015  applicant has been in good standing with the Florida Medicaid
 1016  program for the most recent 5 years.;
 1017         (d)(c)Has been terminated for cause, pursuant to the
 1018  appeals procedures established by the state or Federal
 1019  Government, from any other state Medicaid program or the federal
 1020  Medicare program, unless the candidate or applicant has been in
 1021  good standing with that a state Medicaid program or the federal
 1022  Medicare program for the most recent 5 years and the termination
 1023  occurred at least 20 years before prior to the date of the
 1024  application.
 1025         (e) Is currently listed on the United States Department of
 1026  Health and Human Services Office of Inspector General’s List of
 1027  Excluded Individuals and Entities.
 1028  
 1029  This subsection does not apply to candidates or applicants for
 1030  initial licensure or certification who were enrolled in an
 1031  educational or training program on or before July 1, 2009, which
 1032  was recognized by a board or, if there is no board, recognized
 1033  by the department, and who applied for licensure after July 1,
 1034  2012.
 1035         (3) The department shall refuse to renew a license,
 1036  certificate, or registration of any applicant if the applicant
 1037  or any principal, officer, agent, managing employee, or
 1038  affiliated person of the applicant:
 1039         (a) Has been convicted of, or entered a plea of guilty or
 1040  nolo contendere to, regardless of adjudication, a felony under
 1041  chapter 409, chapter 817, or chapter 893, or a similar felony
 1042  offense committed in another state or jurisdiction, unless the
 1043  applicant is currently enrolled in a drug court program that
 1044  allows the withdrawal of the plea for that felony upon
 1045  successful completion of that program. Any such conviction or
 1046  plea excludes the applicant or candidate from licensure,
 1047  examination, certification, or registration unless the sentence
 1048  and any subsequent period of probation for such conviction or
 1049  plea ended:
 1050         1. For felonies of the first or second degree, more than 15
 1051  years before the date of application.
 1052         2. For felonies of the third degree, more than 10 years
 1053  before the date of application, except for felonies of the third
 1054  degree under s. 893.13(6)(a).
 1055         3. For felonies of the third degree under s. 893.13(6)(a),
 1056  more than 5 years before the date of application.
 1057         (b) Has been convicted of, or entered a plea of guilty or
 1058  nolo contendere to, regardless of adjudication, a felony under
 1059  21 U.S.C. ss. 801-970 or 42 U.S.C. ss. 1395-1396 since July 1,
 1060  2009, unless the sentence and any subsequent period of probation
 1061  for such conviction or plea ended more than 15 years before the
 1062  date of the application.
 1063         (c) Has been terminated for cause from the Florida Medicaid
 1064  program pursuant to s. 409.913, unless the applicant has been in
 1065  good standing with the Florida Medicaid program for the most
 1066  recent 5 years.
 1067         (d) Has been terminated for cause, pursuant to the appeals
 1068  procedures established by the state, from any other state
 1069  Medicaid program, unless the applicant has been in good standing
 1070  with that state Medicaid program for the most recent 5 years and
 1071  the termination occurred at least 20 years before the date of
 1072  the application.
 1073         (e) Is currently listed on the United States Department of
 1074  Health and Human Services Office of Inspector General’s List of
 1075  Excluded Individuals and Entities.
 1076         (4)(3) Licensed health care practitioners shall report
 1077  allegations of health care Medicaid fraud to the department,
 1078  regardless of the practice setting in which the alleged health
 1079  care Medicaid fraud occurred.
 1080         (5)(4) The acceptance by a licensing authority of a
 1081  licensee’s candidate’s relinquishment of a license which is
 1082  offered in response to or anticipation of the filing of
 1083  administrative charges alleging health care Medicaid fraud or
 1084  similar charges constitutes the permanent revocation of the
 1085  license.
 1086         Section 12. Effective July 1, 2012, present subsections
 1087  (14) and (15) of section 456.036, Florida Statutes, are
 1088  renumbered as subsections (15) and (16), respectively, and a new
 1089  subsection (14) is added to that section, to read:
 1090         456.036 Licenses; active and inactive status; delinquency.—
 1091         (14) A person who has been denied license renewal,
 1092  certification, or registration under s. 456.0635(3) may regain
 1093  licensure, certification, or registration only by meeting the
 1094  qualifications and completing the application process for
 1095  initial licensure as defined by the board, or the department if
 1096  there is no board. However, a person who was denied renewal of
 1097  licensure, certification, or registration under s. 24 of chapter
 1098  2009-223, Laws of Florida, between July 1, 2009, and June 30,
 1099  2012, is not required to retake and pass examinations applicable
 1100  for initial licensure, certification, or registration.
 1101         Section 13. Subsection (1) of section 456.074, Florida
 1102  Statutes, is amended to read:
 1103         456.074 Certain health care practitioners; immediate
 1104  suspension of license.—
 1105         (1) The department shall issue an emergency order
 1106  suspending the license of any person licensed under chapter 458,
 1107  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1108  chapter 464, chapter 465, chapter 466, or chapter 484 who pleads
 1109  guilty to, is convicted or found guilty of, or who enters a plea
 1110  of nolo contendere to, regardless of adjudication, to:
 1111         (a) A felony under chapter 409, chapter 817, or chapter 893
 1112  or under 21 U.S.C. ss. 801-970 or under 42 U.S.C. ss. 1395-1396;
 1113  or
 1114         (b) A misdemeanor or felony under 18 U.S.C. s. 669, ss.
 1115  285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s.
 1116  1349, or s. 1518 or 42 U.S.C. ss. 1320a-7b, relating to the
 1117  Medicaid program.
 1118         Section 14. Subsections (3), (4), and (5) of section
 1119  463.002, Florida Statutes, are amended to read:
 1120         463.002 Definitions.—As used in this chapter, the term:
 1121         (3)(a) “Licensed practitioner” means a person who is a
 1122  primary health care provider licensed to engage in the practice
 1123  of optometry under the authority of this chapter.
 1124         (b) A licensed practitioner who is not a certified
 1125  optometrist shall be required to display at her or his place of
 1126  practice a sign which states, “I am a Licensed Practitioner, not
 1127  a Certified Optometrist, and I am not able to prescribe topical
 1128  ocular pharmaceutical agents.”
 1129         (c) All practitioners initially licensed after July 1,
 1130  1993, must be certified optometrists.
 1131         (4) “Certified optometrist” means a licensed practitioner
 1132  authorized by the board to administer and prescribe topical
 1133  ocular pharmaceutical agents.
 1134         (5) “Optometry” means the diagnosis of conditions of the
 1135  human eye and its appendages; the employment of any objective or
 1136  subjective means or methods, including the administration of
 1137  topical ocular pharmaceutical agents, for the purpose of
 1138  determining the refractive powers of the human eyes, or any
 1139  visual, muscular, neurological, or anatomic anomalies of the
 1140  human eyes and their appendages; and the prescribing and
 1141  employment of lenses, prisms, frames, mountings, contact lenses,
 1142  orthoptic exercises, light frequencies, and any other means or
 1143  methods, including topical ocular pharmaceutical agents, for the
 1144  correction, remedy, or relief of any insufficiencies or abnormal
 1145  conditions of the human eyes and their appendages.
 1146         Section 15. Paragraph (g) of subsection (1) of section
 1147  463.005, Florida Statutes, is amended to read:
 1148         463.005 Authority of the board.—
 1149         (1) The Board of Optometry has authority to adopt rules
 1150  pursuant to ss. 120.536(1) and 120.54 to implement the
 1151  provisions of this chapter conferring duties upon it. Such rules
 1152  shall include, but not be limited to, rules relating to:
 1153         (g) Administration and prescription of topical ocular
 1154  pharmaceutical agents.
 1155         Section 16. Section 463.0055, Florida Statutes, is amended
 1156  to read:
 1157         463.0055 Administration and prescription of topical ocular
 1158  pharmaceutical agents; committee.—
 1159         (1)(a) Certified optometrists may administer and prescribe
 1160  topical ocular pharmaceutical agents as provided in this section
 1161  for the diagnosis and treatment of ocular conditions of the
 1162  human eye and its appendages without the use of surgery or other
 1163  invasive techniques. However, a licensed practitioner who is not
 1164  certified may use topically applied anesthetics solely for the
 1165  purpose of glaucoma examinations, but is otherwise prohibited
 1166  from administering or prescribing topical ocular pharmaceutical
 1167  agents.
 1168         (b) Before a certified optometrist may administer or
 1169  prescribe oral ocular pharmaceutical agents, the certified
 1170  optometrist must complete a course and subsequent examination on
 1171  general and ocular pharmacology which have a particular emphasis
 1172  on the ingestion of oral pharmaceutical agents and the side
 1173  effects of those agents. For certified optometrists licensed
 1174  before January 1, 1990, the course shall consist of 50 contact
 1175  hours and 25 of those hours shall be Internet-based. For
 1176  certified optometrists licensed on or after January 1, 1990, the
 1177  course shall consist of 20 contact hours and 10 of those hours
 1178  shall be Internet-based. The first course and examination shall
 1179  be presented by January 1, 2013, and shall thereafter be
 1180  administered at least annually. The Florida Medical Association
 1181  and the Florida Optometric Association shall jointly develop and
 1182  administer a course and examination for such purpose and jointly
 1183  determine the site or sites for the course and examination.
 1184         (2)(a) There is hereby created a committee composed of two
 1185  certified optometrists licensed pursuant to this chapter,
 1186  appointed by the Board of Optometry, two board-certified
 1187  ophthalmologists licensed pursuant to chapter 458 or chapter
 1188  459, appointed by the Board of Medicine, and one additional
 1189  person with a doctorate degree in pharmacology who is not
 1190  licensed pursuant to chapter 458, chapter 459, or this chapter,
 1191  appointed by the State Surgeon General. The committee shall
 1192  review requests for additions to, deletions from, or
 1193  modifications of a formulary of topical ocular pharmaceutical
 1194  agents for administration and prescription by certified
 1195  optometrists and shall provide to the board advisory opinions
 1196  and recommendations on such requests. The formulary of topical
 1197  ocular pharmaceutical agents shall consist of those topical
 1198  ocular pharmaceutical agents that are appropriate to treat and
 1199  diagnose ocular diseases and disorders and that which the
 1200  certified optometrist is qualified to use in the practice of
 1201  optometry. The board shall establish, add to, delete from, or
 1202  modify the formulary by rule. Notwithstanding any provision of
 1203  chapter 120 to the contrary, the formulary rule shall become
 1204  effective 60 days from the date it is filed with the Secretary
 1205  of State.
 1206         (b) The topical formulary may be added to, deleted from, or
 1207  modified according to the procedure described in paragraph (a).
 1208  Any person who requests an addition, deletion, or modification
 1209  of an authorized topical ocular pharmaceutical agent shall have
 1210  the burden of proof to show cause why such addition, deletion,
 1211  or modification should be made.
 1212         (c) The State Surgeon General shall have standing to
 1213  challenge any rule or proposed rule of the board pursuant to s.
 1214  120.56. In addition to challenges for any invalid exercise of
 1215  delegated legislative authority, the administrative law judge,
 1216  upon such a challenge by the State Surgeon General, may declare
 1217  all or part of a rule or proposed rule invalid if it:
 1218         1. Does not protect the public from any significant and
 1219  discernible harm or damages;
 1220         2. Unreasonably restricts competition or the availability
 1221  of professional services in the state or in a significant part
 1222  of the state; or
 1223         3. Unnecessarily increases the cost of professional
 1224  services without a corresponding or equivalent public benefit.
 1225  
 1226         However, there shall not be created a presumption of the
 1227  existence of any of the conditions cited in this subsection in
 1228  the event that the rule or proposed rule is challenged.
 1229         (d) Upon adoption of the topical formulary required by this
 1230  section, and upon each addition, deletion, or modification to
 1231  the topical formulary, the board shall mail a copy of the
 1232  amended topical formulary to each certified optometrist and to
 1233  each pharmacy licensed by the state.
 1234         (3) In addition to the formulary of topical ocular
 1235  pharmaceutical agents in subsection (2), there is created a
 1236  statutory formulary of oral pharmaceutical agents, which include
 1237  the following agents:
 1238         (a) The following analgesics, or their generic or
 1239  therapeutic equivalents, which may not be administered or
 1240  prescribed for more than 72 hours without consultation with a
 1241  physician licensed under chapter 458 or chapter 459 who is
 1242  skilled in diseases of the eye:
 1243         1. Tramadol hydrochloride.
 1244         2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.
 1245         (b) The following antibiotics, or their generic or
 1246  therapeutic equivalents:
 1247         1. Amoxicillin.
 1248         2. Azithromycin.
 1249         3. Ciprofloxacin.
 1250         4. Dicloxacillin.
 1251         5. Doxycycline.
 1252         6. Keflex.
 1253         7. Minocycline.
 1254         (c) The following antivirals, or their generic or
 1255  therapeutic equivalents:
 1256         1. Acyclovir.
 1257         2. Famciclovir.
 1258         3. Valacyclovir.
 1259         (d) The following oral anti-glaucoma agents, or their
 1260  generic or therapeutic equivalents, which may not be
 1261  administered or prescribed for more than 72 hours without
 1262  consultation with a physician licensed under chapter 458 or
 1263  chapter 459 who is skilled in diseases of the eye:
 1264         1. Acetazolamide.
 1265         2. Methazolamide.
 1266  
 1267  Any oral pharmaceutical agent listed in the statutory formulary
 1268  set forth in this subsection which is subsequently determined by
 1269  the United States Food and Drug Administration to be unsafe for
 1270  administration or prescription shall be considered to have been
 1271  deleted from the formulary of oral pharmaceutical agents. The
 1272  oral pharmaceutical agents on the statutory formulary set forth
 1273  in this subsection may not otherwise be deleted by the board,
 1274  the department, or the State Surgeon General.
 1275         (4)(3) A certified optometrist shall be issued a prescriber
 1276  number by the board. Any prescription written by a certified
 1277  optometrist for a topical ocular pharmaceutical agent pursuant
 1278  to this section shall have the prescriber number printed
 1279  thereon.
 1280         Section 17. Subsection (3) of section 463.0057, Florida
 1281  Statutes, is amended to read:
 1282         463.0057 Optometric faculty certificate.—
 1283         (3) The holder of a faculty certificate may engage in the
 1284  practice of optometry as permitted by this section, but may not
 1285  administer or prescribe topical ocular pharmaceutical agents
 1286  unless the certificateholder has satisfied the requirements of
 1287  ss. 463.0055(1)(b) and s. 463.006(1)(b)4. and 5.
 1288         Section 18. Subsections (2) and (3) of section 463.006,
 1289  Florida Statutes, are amended to read:
 1290         463.006 Licensure and certification by examination.—
 1291         (2) The examination shall consist of the appropriate
 1292  subjects, including applicable state laws and rules and general
 1293  and ocular pharmacology with emphasis on the use topical
 1294  application and side effects of ocular pharmaceutical agents.
 1295  The board may by rule substitute a national examination as part
 1296  or all of the examination and may by rule offer a practical
 1297  examination in addition to the written examination.
 1298         (3) Each applicant who successfully passes the examination
 1299  and otherwise meets the requirements of this chapter is entitled
 1300  to be licensed as a practitioner and to be certified to
 1301  administer and prescribe topical ocular pharmaceutical agents in
 1302  the diagnosis and treatment of ocular conditions.
 1303         Section 19. Subsections (1) and (2) of section 463.0135,
 1304  Florida Statutes, are amended, and subsection (10) is added to
 1305  that section, to read:
 1306         463.0135 Standards of practice.—
 1307         (1) A licensed practitioner shall provide that degree of
 1308  care which conforms to that level of care provided by medical
 1309  practitioners in the same or similar communities. A certified
 1310  optometrist shall administer and prescribe oral ocular
 1311  pharmaceutical agents in a manner consistent with applicable
 1312  preferred practice patterns of the American Academy of
 1313  Ophthalmology. A licensed practitioner shall advise or assist
 1314  her or his patient in obtaining further care when the service of
 1315  another health care practitioner is required.
 1316         (2) A licensed practitioner diagnosing angle closure,
 1317  neovascular, infantile, or congenital forms of glaucoma shall
 1318  promptly and without unreasonable delay refer the patient to a
 1319  physician skilled in diseases of the eye and licensed under
 1320  chapter 458 or chapter 459. In addition, a licensed practitioner
 1321  shall timely refer any patient who experiences progressive
 1322  glaucoma due to failed pharmaceutical intervention to a
 1323  physician who is skilled in diseases of the eye and licensed
 1324  under chapter 458 or chapter 459.
 1325         (10) Comanagement of postoperative care shall be conducted
 1326  pursuant to an established protocol that governs the
 1327  relationship between the operating surgeon and the optometrist.
 1328  The patient shall be informed that either physician will be
 1329  available for emergency care throughout the postoperative
 1330  period, and the patient shall consent in writing to the
 1331  comanagement relationship.
 1332         Section 20. Subsections (3) and (4) of section 463.014,
 1333  Florida Statutes, are amended to read:
 1334         463.014 Certain acts prohibited.—
 1335         (3) Prescribing, ordering, dispensing, administering,
 1336  supplying, selling, or giving any systemic drugs for the purpose
 1337  of treating a systemic disease by a licensed practitioner is
 1338  prohibited. However, a certified optometrist is permitted to use
 1339  commonly accepted means or methods to immediately address
 1340  incidents of anaphylaxis.
 1341         (4) Surgery of any kind, including the use of lasers, is
 1342  expressly prohibited. For purposes of this subsection, the term
 1343  “surgery” means a procedure using an instrument, including
 1344  lasers, scalpels, or needles, in which human tissue is cut,
 1345  burned, or vaporized by incision, injection, ultrasound, laser,
 1346  or radiation. The term includes procedures using instruments
 1347  that require closing by suturing, clamping, or another such
 1348  device. Certified optometrists may remove superficial foreign
 1349  bodies. For the purposes of this subsection, the term
 1350  “superficial foreign bodies” means any foreign matter that is
 1351  embedded in the conjunctiva or cornea but which has not
 1352  penetrated the globe.
 1353         Section 21. Section 463.0141, Florida Statutes, is created
 1354  to read:
 1355         463.0141Reports of adverse incidents in the practice of
 1356  optometry.—
 1357         (1) Any adverse incident that occurs on or after January 1,
 1358  2013, in the practice of optometry must be reported to the
 1359  department in the accordance with this section.
 1360         (2) The required notification to the department must be
 1361  submitted in writing by certified mail and postmarked within 15
 1362  days after the occurrence of the adverse incident.
 1363         (3) For purposes of notification to the department, the
 1364  term “adverse incident,” as used in this section, means an event
 1365  that is associated in whole or in part with the prescribing of
 1366  an oral ocular pharmaceutical agent and that results in one of
 1367  the following:
 1368         (a) Any condition that requires the transfer of a patient
 1369  to a hospital licensed under chapter 395;
 1370         (b) Any condition that requires the patient to obtain care
 1371  from a physician licensed under chapter 458 or chapter 459,
 1372  other than a referral or a consultation required under this
 1373  chapter;
 1374         (c) Permanent physical injury to the patient;
 1375         (d) Partial or complete permanent loss of sight by the
 1376  patient; or
 1377         (e) Death of the patient.
 1378         (4) The department shall review each incident and determine
 1379  whether it potentially involved conduct by the licensed
 1380  practitioner which may be subject to disciplinary action, in
 1381  which case s. 456.073 applies. Disciplinary action, if any,
 1382  shall be taken by the board.
 1383         Section 22. Subsection (1) of section 483.035, Florida
 1384  Statutes, is amended to read:
 1385         483.035 Clinical laboratories operated by practitioners for
 1386  exclusive use; licensure and regulation.—
 1387         (1) A clinical laboratory operated by one or more
 1388  practitioners licensed under chapter 458, chapter 459, chapter
 1389  460, chapter 461, chapter 462, chapter 463, or chapter 466,
 1390  exclusively in connection with the diagnosis and treatment of
 1391  their own patients, must be licensed under this part and must
 1392  comply with the provisions of this part, except that the agency
 1393  shall adopt rules for staffing, for personnel, including
 1394  education and training of personnel, for proficiency testing,
 1395  and for construction standards relating to the licensure and
 1396  operation of the laboratory based upon and not exceeding the
 1397  same standards contained in the federal Clinical Laboratory
 1398  Improvement Amendments of 1988 and the federal regulations
 1399  adopted thereunder.
 1400         Section 23. Subsection (7) of section 483.041, Florida
 1401  Statutes, is amended to read:
 1402         483.041 Definitions.—As used in this part, the term:
 1403         (7) “Licensed practitioner” means a physician licensed
 1404  under chapter 458, chapter 459, chapter 460, or chapter 461, or
 1405  chapter 463; a dentist licensed under chapter 466; a person
 1406  licensed under chapter 462; or an advanced registered nurse
 1407  practitioner licensed under part I of chapter 464; or a duly
 1408  licensed practitioner from another state licensed under similar
 1409  statutes who orders examinations on materials or specimens for
 1410  nonresidents of the State of Florida, but who reside in the same
 1411  state as the requesting licensed practitioner.
 1412         Section 24. Subsection (5) of section 483.181, Florida
 1413  Statutes, is amended to read:
 1414         483.181 Acceptance, collection, identification, and
 1415  examination of specimens.—
 1416         (5) A clinical laboratory licensed under this part must
 1417  accept a human specimen submitted for examination by a
 1418  practitioner licensed under chapter 458, chapter 459, chapter
 1419  460, chapter 461, chapter 462, chapter 463, s. 464.012, or
 1420  chapter 466, if the specimen and test are the type performed by
 1421  the clinical laboratory. A clinical laboratory may only refuse a
 1422  specimen based upon a history of nonpayment for services by the
 1423  practitioner. A clinical laboratory shall not charge different
 1424  prices for tests based upon the chapter under which a
 1425  practitioner submitting a specimen for testing is licensed.
 1426         Section 25. Paragraph (a) of subsection (54) of section
 1427  499.003, Florida Statutes, is amended to read:
 1428         499.003 Definitions of terms used in this part.—As used in
 1429  this part, the term:
 1430         (54) “Wholesale distribution” means distribution of
 1431  prescription drugs to persons other than a consumer or patient,
 1432  but does not include:
 1433         (a) Any of the following activities, which is not a
 1434  violation of s. 499.005(21) if such activity is conducted in
 1435  accordance with s. 499.01(2)(g):
 1436         1. The purchase or other acquisition by a hospital or other
 1437  health care entity that is a member of a group purchasing
 1438  organization of a prescription drug for its own use from the
 1439  group purchasing organization or from other hospitals or health
 1440  care entities that are members of that organization.
 1441         2. The sale, purchase, or trade of a prescription drug or
 1442  an offer to sell, purchase, or trade a prescription drug by a
 1443  charitable organization described in s. 501(c)(3) of the
 1444  Internal Revenue Code of 1986, as amended and revised, to a
 1445  nonprofit affiliate of the organization to the extent otherwise
 1446  permitted by law.
 1447         3. The sale, purchase, or trade of a prescription drug or
 1448  an offer to sell, purchase, or trade a prescription drug among
 1449  hospitals or other health care entities that are under common
 1450  control. For purposes of this subparagraph, “common control”
 1451  means the power to direct or cause the direction of the
 1452  management and policies of a person or an organization, whether
 1453  by ownership of stock, by voting rights, by contract, or
 1454  otherwise.
 1455         4. The sale, purchase, trade, or other transfer of a
 1456  prescription drug from or for any federal, state, or local
 1457  government agency or any entity eligible to purchase
 1458  prescription drugs at public health services prices pursuant to
 1459  Pub. L. No. 102-585, s. 602 to a contract provider or its
 1460  subcontractor for eligible patients of the agency or entity
 1461  under the following conditions:
 1462         a. The agency or entity must obtain written authorization
 1463  for the sale, purchase, trade, or other transfer of a
 1464  prescription drug under this subparagraph from the State Surgeon
 1465  General or his or her designee.
 1466         b. The contract provider or subcontractor must be
 1467  authorized by law to administer or dispense prescription drugs.
 1468         c. In the case of a subcontractor, the agency or entity
 1469  must be a party to and execute the subcontract.
 1470         d. A contract provider or subcontractor must maintain
 1471  separate and apart from other prescription drug inventory any
 1472  prescription drugs of the agency or entity in its possession.
 1473         d.e. The contract provider and subcontractor must maintain
 1474  and produce immediately for inspection all records of movement
 1475  or transfer of all the prescription drugs belonging to the
 1476  agency or entity, including, but not limited to, the records of
 1477  receipt and disposition of prescription drugs. Each contractor
 1478  and subcontractor dispensing or administering these drugs must
 1479  maintain and produce records documenting the dispensing or
 1480  administration. Records that are required to be maintained
 1481  include, but are not limited to, a perpetual inventory itemizing
 1482  drugs received and drugs dispensed by prescription number or
 1483  administered by patient identifier, which must be submitted to
 1484  the agency or entity quarterly.
 1485         e.f. The contract provider or subcontractor may administer
 1486  or dispense the prescription drugs only to the eligible patients
 1487  of the agency or entity or must return the prescription drugs
 1488  for or to the agency or entity. The contract provider or
 1489  subcontractor must require proof from each person seeking to
 1490  fill a prescription or obtain treatment that the person is an
 1491  eligible patient of the agency or entity and must, at a minimum,
 1492  maintain a copy of this proof as part of the records of the
 1493  contractor or subcontractor required under sub-subparagraph e.
 1494         f.g. In addition to the departmental inspection authority
 1495  set forth in s. 499.051, the establishment of the contract
 1496  provider and subcontractor and all records pertaining to
 1497  prescription drugs subject to this subparagraph shall be subject
 1498  to inspection by the agency or entity. All records relating to
 1499  prescription drugs of a manufacturer under this subparagraph
 1500  shall be subject to audit by the manufacturer of those drugs,
 1501  without identifying individual patient information.
 1502         Section 26. Paragraph (b) of subsection (6) of section
 1503  766.106, Florida Statutes, is amended to read:
 1504         766.106 Notice before filing action for medical negligence;
 1505  presuit screening period; offers for admission of liability and
 1506  for arbitration; informal discovery; review.—
 1507         (6) INFORMAL DISCOVERY.—
 1508         (b) Informal discovery may be used by a party to obtain
 1509  unsworn statements, the production of documents or things, and
 1510  physical and mental examinations, and ex parte interviews, as
 1511  follows:
 1512         1. Unsworn statements.—Any party may require other parties
 1513  to appear for the taking of an unsworn statement. Such
 1514  statements may be used only for the purpose of presuit screening
 1515  and are not discoverable or admissible in any civil action for
 1516  any purpose by any party. A party desiring to take the unsworn
 1517  statement of any party must give reasonable notice in writing to
 1518  all parties. The notice must state the time and place for taking
 1519  the statement and the name and address of the party to be
 1520  examined. Unless otherwise impractical, the examination of any
 1521  party must be done at the same time by all other parties. Any
 1522  party may be represented by counsel at the taking of an unsworn
 1523  statement. An unsworn statement may be recorded electronically,
 1524  stenographically, or on videotape. The taking of unsworn
 1525  statements is subject to the provisions of the Florida Rules of
 1526  Civil Procedure and may be terminated for abuses.
 1527         2. Documents or things.—Any party may request discovery of
 1528  documents or things. The documents or things must be produced,
 1529  at the expense of the requesting party, within 20 days after the
 1530  date of receipt of the request. A party is required to produce
 1531  discoverable documents or things within that party’s possession
 1532  or control. Medical records shall be produced as provided in s.
 1533  766.204.
 1534         3. Physical and mental examinations.—A prospective
 1535  defendant may require an injured claimant to appear for
 1536  examination by an appropriate health care provider. The
 1537  prospective defendant shall give reasonable notice in writing to
 1538  all parties as to the time and place for examination. Unless
 1539  otherwise impractical, a claimant is required to submit to only
 1540  one examination on behalf of all potential defendants. The
 1541  practicality of a single examination must be determined by the
 1542  nature of the claimant’s condition, as it relates to the
 1543  liability of each prospective defendant. Such examination report
 1544  is available to the parties and their attorneys upon payment of
 1545  the reasonable cost of reproduction and may be used only for the
 1546  purpose of presuit screening. Otherwise, such examination report
 1547  is confidential and exempt from the provisions of s. 119.07(1)
 1548  and s. 24(a), Art. I of the State Constitution.
 1549         4. Written questions.—Any party may request answers to
 1550  written questions, the number of which may not exceed 30,
 1551  including subparts. A response must be made within 20 days after
 1552  receipt of the questions.
 1553         5. Unsworn statements of treating health care providers.—A
 1554  prospective defendant or his or her legal representative may
 1555  also take unsworn statements of the claimant’s treating health
 1556  care providers. The statements must be limited to those areas
 1557  that are potentially relevant to the claim of personal injury or
 1558  wrongful death. Subject to the procedural requirements of
 1559  subparagraph 1., a prospective defendant may take unsworn
 1560  statements from a claimant’s treating physicians. Reasonable
 1561  notice and opportunity to be heard must be given to the claimant
 1562  or the claimant’s legal representative before taking unsworn
 1563  statements. The claimant or claimant’s legal representative has
 1564  the right to attend the taking of such unsworn statements.
 1565         6. Ex parte interviews of treating health care providers.—A
 1566  prospective defendant or his or her legal representative may
 1567  interview the claimant’s treating health care providers without
 1568  the presence of the claimant or the claimant’s legal
 1569  representative. If a prospective defendant or his or her legal
 1570  representative intends to interview a claimant’s health care
 1571  providers, the prospective defendant must provide the claimant
 1572  with notice of such interview at least 10 days before the date
 1573  of the interview.
 1574         Section 27. Section 766.1091, Florida Statutes, is created
 1575  to read:
 1576         766.1091 Voluntary binding arbitration; damages.—
 1577         (1)A health care provider licensed under chapter 458,
 1578  chapter 459, chapter 463, or chapter 466; any entity owned in
 1579  whole or in part by a health care provider licensed under
 1580  chapter 458, chapter 459, chapter 463, or chapter 466; or any
 1581  health care clinic licensed under part X of chapter 400, and a
 1582  patient or prospective patient, may agree in writing to submit
 1583  to arbitration any claim for medical negligence which may
 1584  currently exist or may accrue in the future and would otherwise
 1585  be brought pursuant to this chapter. Any arbitration agreement
 1586  entered into pursuant to this section shall be governed by
 1587  chapter 682.
 1588         (2)Any arbitration agreement entered into pursuant to
 1589  subsection (1) may contain a provision that limits the available
 1590  damages in an arbitration award.
 1591         Section 28. Subsection (21) of section 893.02, Florida
 1592  Statutes, is amended to read:
 1593         893.02 Definitions.—The following words and phrases as used
 1594  in this chapter shall have the following meanings, unless the
 1595  context otherwise requires:
 1596         (21) “Practitioner” means a physician licensed pursuant to
 1597  chapter 458, a dentist licensed pursuant to chapter 466, a
 1598  veterinarian licensed pursuant to chapter 474, an osteopathic
 1599  physician licensed pursuant to chapter 459, a naturopath
 1600  licensed pursuant to chapter 462, a certified optometrist
 1601  licensed under chapter 463, or a podiatric physician licensed
 1602  pursuant to chapter 461, provided such practitioner holds a
 1603  valid federal controlled substance registry number.
 1604         Section 29. Subsection (1) of section 893.05, Florida
 1605  Statutes, is amended to read:
 1606         893.05 Practitioners and persons administering controlled
 1607  substances in their absence.—
 1608         (1) A practitioner, in good faith and in the course of his
 1609  or her professional practice only, may prescribe, administer,
 1610  dispense, mix, or otherwise prepare a controlled substance, or
 1611  the practitioner may cause the same to be administered by a
 1612  licensed nurse or an intern practitioner under his or her
 1613  direction and supervision only. A veterinarian may so prescribe,
 1614  administer, dispense, mix, or prepare a controlled substance for
 1615  use on animals only, and may cause it to be administered by an
 1616  assistant or orderly under the veterinarian’s direction and
 1617  supervision only. A certified optometrist licensed under chapter
 1618  463 may not administer or prescribe pharmaceutical agents in
 1619  Schedule I or Schedule II of the Florida Comprehensive Drug
 1620  Abuse Prevention and Control Act.
 1621         Section 30. The Agency for Health Care Administration shall
 1622  prepare a report within 18 months after the implementation of an
 1623  expansion of managed care to new populations or the provision of
 1624  new items and services. The agency shall post a draft of the
 1625  report on its website and provide an opportunity for public
 1626  comment. The final report shall be submitted to the Legislature,
 1627  along with a description of the process for public input. The
 1628  report must include an assessment of:
 1629         (1) The impact of managed care on patient access to care,
 1630  including an evaluation of any new barriers to the use of
 1631  services and prescription drugs, created by the use of medical
 1632  management or cost-containment tools.
 1633         (2) The impact of the increased managed care expansion on
 1634  the utilization of services, quality of care, and patient
 1635  outcomes.
 1636         (3) The use of prior authorization and other utilization
 1637  management tools, including an assessment of whether these tools
 1638  pose an undue administrative burden for health care providers or
 1639  create barriers to needed care.
 1640         Section 31. Except as otherwise expressly provided in this
 1641  act, this act shall take effect upon becoming a law.
 1642  
 1643  
 1644  ================= T I T L E  A M E N D M E N T ================
 1645         And the title is amended as follows:
 1646         Delete everything before the enacting clause
 1647  and insert:
 1648                        A bill to be entitled                      
 1649         An act relating to health care; amending s. 395.002,
 1650         F.S.; redefining the term “accrediting organizations”
 1651         as it applies to the regulation of hospitals and other
 1652         licensed facilities; amending s. 400.474, F.S.;
 1653         revising the fine that may be imposed against a home
 1654         health agency for failing to timely submit certain
 1655         information to the Agency for Health Care
 1656         Administration; amending s. 400.9905, F.S.; revising
 1657         the definition of the term “clinic” as it relates to
 1658         the Health Care Clinic Act; amending s. 409.221, F.S.;
 1659         revising the background screening requirements for
 1660         persons rendering care in the consumer-directed care
 1661         program administered by the Agency for Health Care
 1662         Administration; amending s. 409.907, F.S.; extending
 1663         the records-retention period for certain Medicaid
 1664         provider records; revising the provider agreement to
 1665         require Medicaid providers to report changes in any
 1666         principal of the provider to the agency; defining the
 1667         term “administrative fines” for purposes of revoking a
 1668         Medicaid provider agreement due to changes of
 1669         ownership; authorizing, rather than requiring, an
 1670         onsite inspection of a Medicaid provider’s service
 1671         location before entering into a provider agreement;
 1672         specifying the principals of a hospital or nursing
 1673         home provider for the purposes of submitting
 1674         fingerprints for background screening; removing
 1675         certain providers from being subject to agency
 1676         background checks; amending s. 409.913, F.S.; defining
 1677         the term “Medicaid provider” or “provider” for
 1678         purposes of oversight of the integrity of the Medicaid
 1679         program; authorizing the agency to review and analyze
 1680         information from sources other than Medicaid-enrolled
 1681         providers for purposes of determining fraud, abuse,
 1682         overpayment, or neglect; extending the records
 1683         retention period for certain Medicaid provider
 1684         records; revising the grounds for terminating a
 1685         provider from the Medicaid program; requiring the
 1686         agency to base its overpayment audit reports on
 1687         certain information; deleting a requirement that the
 1688         agency pay interest on certain withheld Medicaid
 1689         payments; requiring payment arrangements for
 1690         overpayments and fines to be made within a certain
 1691         time; specifying that the venue for all Medicaid
 1692         program integrity cases lies in Leon County;
 1693         authorizing the agency and the Medicaid Fraud Control
 1694         Unit to review certain records; amending s. 409.920,
 1695         F.S.; clarifying the applicability of immunity from
 1696         civil liability extended to persons who provide
 1697         information about fraud or suspected fraudulent acts
 1698         by a Medicaid provider; amending s. 409.967, F.S.;
 1699         specifying required components of a Medicaid managed
 1700         care plan relating to the provisions of medications;
 1701         amending s. 429.23, F.S.; requiring the agency to
 1702         submit a report to the Legislature on adverse incident
 1703         reports from assisted living facilities; amending s.
 1704         429.26, F.S.; authorizing the agency to require a
 1705         resident of an assisted living facility to undergo a
 1706         physical examination if the agency questions the
 1707         appropriateness of the resident’s placement in that
 1708         facility; authorizing release of the results of the
 1709         examination to a medical review team to be used along
 1710         with additional information to determine whether the
 1711         resident’s placement in the assisted living facility
 1712         is appropriate; providing for resident notification
 1713         and relocation if the resident’s continued placement
 1714         in the facility is not appropriate; authorizing the
 1715         agency to require the evaluation of a mental health
 1716         resident by a mental health professional; authorizing
 1717         an assisted living facility to discharge a resident
 1718         who requires more services or care than the facility
 1719         is able to provide; amending s. 456.0635, F.S.;
 1720         revising the grounds under which the Department of
 1721         Health or corresponding board is required to refuse to
 1722         admit a candidate to an examination and refuse to
 1723         issue or renew a license, certificate, or registration
 1724         of a health care practitioner; providing an exception;
 1725         amending s. 456.036, F.S.; providing that all persons
 1726         who were denied renewal of licensure, certification,
 1727         or registration under s. 456.0635(3), F.S., may regain
 1728         licensure, certification, or registration only by
 1729         completing the application process for initial
 1730         licensure; providing an exception; amending s.
 1731         456.074, F.S.; revising the federal offenses for which
 1732         the Department of Health must issue an emergency order
 1733         suspending the license of certain health care
 1734         professionals; amending s. 463.002, F.S.; conforming
 1735         provisions to changes made by the act; amending s.
 1736         463.005, F.S.; authorizing the Board of Optometry to
 1737         adopt rules for the administration and prescription of
 1738         ocular pharmaceutical agents; amending s. 463.0055,
 1739         F.S.; authorizing certified optometrists to administer
 1740         and prescribe pharmaceutical agents under certain
 1741         circumstances; requiring that a certified optometrist
 1742         complete a course and subsequent examination on
 1743         general and ocular pharmacology; providing
 1744         requirements for the course; requiring that the
 1745         Florida Medical Association and the Florida Optometric
 1746         Association jointly develop and administer the course
 1747         and examination; revising qualifications of certain
 1748         members of the formulary committee; providing for a
 1749         formulary of topical ocular pharmaceutical agents
 1750         which the committee may modify; specifying the agents
 1751         that make up the statutory formulary of oral
 1752         pharmaceutical agents; authorizing the deletion of an
 1753         oral pharmaceutical agent listed in the statutory
 1754         formulary under certain circumstances; prohibiting the
 1755         board, the Department of Health, or the State Surgeon
 1756         General from deleting an oral pharmaceutical agent
 1757         listed in the statutory formulary; amending ss.
 1758         463.0057 and 463.006, F.S.; conforming provisions to
 1759         changes made by the act; amending s. 463.0135, F.S.;
 1760         requiring that a certified optometrist administer and
 1761         prescribe oral ocular pharmaceutical agents in a
 1762         certain manner; requiring that a licensed practitioner
 1763         who diagnoses a patient who has a neovascular form of
 1764         glaucoma or progressive glaucoma immediately refer the
 1765         patient to a physician who is skilled in the diseases
 1766         of the eye; requiring that comanagement of
 1767         postoperative care be conducted pursuant to an
 1768         established protocol; requiring that the patient be
 1769         informed that a physician will be available for
 1770         emergency care throughout the postoperative period;
 1771         requiring that the patient consent in writing to the
 1772         comanagement relationship; amending s. 463.014, F.S.;
 1773         revising certain prohibited acts regarding an
 1774         optometrist conducting surgery and dispensing,
 1775         administering, ordering, supplying, or selling certain
 1776         drugs; creating s. 463.0141, F.S.; requiring that
 1777         adverse incidents in the practice of optometry be
 1778         reported to the Department of Health; providing
 1779         requirements for notifying the department of an
 1780         adverse incident; providing a definition; requiring
 1781         that the department review each incident and determine
 1782         whether it involved conduct that is subject to
 1783         disciplinary action; requiring that the Board of
 1784         Optometry take disciplinary action if necessary;
 1785         amending s. 483.035, F.S., relating to licensure and
 1786         regulation of clinical laboratories operated by
 1787         practitioners for exclusive use; providing
 1788         applicability to clinical laboratories operated by
 1789         practitioners licensed to practice optometry; amending
 1790         s. 483.041, F.S.; revising the definition of the term
 1791         “licensed practitioner” to include a practitioner
 1792         licensed under ch. 463, F.S.; amending s. 483.181,
 1793         F.S.; requiring clinical laboratories to accept human
 1794         specimens submitted by practitioners licensed to
 1795         practice under ch. 463, F.S.; amending s. 499.003,
 1796         F.S.; removing a requirement that a contract provider
 1797         or subcontractor maintain prescription drugs of the
 1798         agency or entity in its possession separate and apart
 1799         from other prescription drugs; amending s. 766.106,
 1800         F.S.; authorizing a prospective defendant to obtain
 1801         informal discovery by conducting ex parte interviews
 1802         of treating health care providers; requiring advance
 1803         notice to the claimant of an ex parte interview;
 1804         creating s. 766.1091, F.S.; authorizing a health care
 1805         provider or health care clinic and a patient to agree
 1806         to submit a claim of medical negligence to
 1807         arbitration; requiring that the arbitration agreement
 1808         be governed by ch. 682, F.S.; authorizing the
 1809         arbitration agreement to contain a provision that
 1810         limits an award of damages; amending s. 893.02, F.S.;
 1811         revising the definition of the term “practitioner” to
 1812         include certified optometrists for purposes of the
 1813         Florida Comprehensive Drug Abuse Prevention and
 1814         Control Act; amending s. 893.05, F.S.; prohibiting
 1815         certified optometrists from administering and
 1816         prescribing certain controlled substances; requiring
 1817         the Agency for Health Care Administration to prepare a
 1818         report for public comment and submission to the
 1819         Legislature following the expansion of services to new
 1820         populations or of new services; providing an effective
 1821         date.