Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1419, 1st Eng.
       
       
       
       
       
       
                                Barcode 861748                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 07:10 PM       .                                
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       Senator Negron moved the following:
       
    1         Senate Amendment to Amendment (609984) (with title
    2  amendment)
    3  
    4         Delete lines 1698 - 1728
    5  and insert:
    6         Section 45. Paragraph (a) of subsection (15) of section
    7  400.506, Florida Statutes, is amended to read:
    8         400.506 Licensure of nurse registries; requirements;
    9  penalties.—
   10         (15)(a) The agency may deny, suspend, or revoke the license
   11  of a nurse registry and shall impose a fine of $5,000 against a
   12  nurse registry that:
   13         1. Provides services to residents in an assisted living
   14  facility for which the nurse registry does not receive fair
   15  market value remuneration.
   16         2. Provides staffing to an assisted living facility for
   17  which the nurse registry does not receive fair market value
   18  remuneration.
   19         3. Fails to provide the agency, upon request, with copies
   20  of all contracts with assisted living facilities which were
   21  executed within the last 5 years.
   22         4. Gives remuneration to a case manager, discharge planner,
   23  facility-based staff member, or third-party vendor who is
   24  involved in the discharge planning process of a facility
   25  licensed under chapter 395 or this chapter and from whom the
   26  nurse registry receives referrals. A nurse registry is exempt
   27  from this subparagraph if it does not bill the Florida Medicaid
   28  program or the Medicare program or share a controlling interest
   29  with any entity licensed, registered, or certified under part II
   30  of chapter 408 that bills the Florida Medicaid program or the
   31  Medicare program. However, a nurse registry billing the Florida
   32  Medicaid Program may continue to market only for non-Medicaid
   33  paying services where there is no Medicaid reimbursement
   34  available.
   35         5. Gives remuneration to a physician, a member of the
   36  physician’s office staff, or an immediate family member of the
   37  physician, and the nurse registry received a patient referral in
   38  the last 12 months from that physician or the physician’s office
   39  staff. A nurse registry is exempt from this subparagraph if it
   40  does not bill the Florida Medicaid program or the Medicare
   41  program or share a controlling interest with any entity
   42  licensed, registered, or certified under part II of chapter 408
   43  that bills the Florida Medicaid program or the Medicare program.
   44  However, a nurse registry billing the Florida Medicaid Program
   45  may continue to market only for non-Medicaid paying services
   46  where there is no Medicaid reimbursement available.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete lines 4136 - 4144
   51  and insert:
   52         amending s. 400.506, F.S.; relating to licensure or
   53         nurse registries; amending s. 400.509, F.S.; providing
   54         that