Florida Senate - 2012                       CS for CS for SB 208
       
       
       
       By the Committees on Criminal Justice; and Health Regulation;
       and Senator Joyner
       
       
       
       591-01857-12                                           2012208c2
    1                        A bill to be entitled                      
    2         An act relating to health care fraud; amending s.
    3         456.0635, F.S.; revising the grounds under which the
    4         Department of Health or corresponding board is
    5         required to refuse to admit a candidate to an
    6         examination and refuse to issue or renew a license,
    7         certificate, or registration of a health care
    8         practitioner; providing an exception; amending s.
    9         456.036, F.S.; providing that all persons who were
   10         denied renewal of licensure, certification, or
   11         registration under s. 456.0635(3), F.S., may regain
   12         licensure, certification, or registration only by
   13         completing the application process for initial
   14         licensure; providing an exception; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 456.0635, Florida Statutes, is amended
   20  to read:
   21         456.0635 Health care Medicaid fraud; disqualification for
   22  license, certificate, or registration.—
   23         (1) Health care Medicaid fraud in the practice of a health
   24  care profession is prohibited.
   25         (2) Each board within the jurisdiction of the department,
   26  or the department if there is no board, shall refuse to admit a
   27  candidate to any examination and refuse to issue or renew a
   28  license, certificate, or registration to any applicant if the
   29  candidate or applicant or any principal, officer, agent,
   30  managing employee, or affiliated person of the applicant, has
   31  been:
   32         (a) Has been convicted of, or entered a plea of guilty or
   33  nolo contendere to, regardless of adjudication, a felony under
   34  chapter 409, chapter 817, or chapter 893, or a similar felony
   35  offense committed in another state or jurisdiction, unless the
   36  candidate or applicant has successfully completed a drug court
   37  program for that felony and provides proof that the plea has
   38  been withdrawn or the charges have been dismissed. Any such
   39  conviction or plea shall exclude the applicant or candidate from
   40  licensure, examination, certification, or registration 21 U.S.C.
   41  ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the sentence and
   42  any subsequent period of probation for such conviction or plea
   43  pleas ended: more than 15 years prior to the date of the
   44  application;
   45         1. For felonies of the first or second degree, more than 15
   46  years before the date of application.
   47         2. For felonies of the third degree, more than 10 years
   48  before the date of application, except for felonies of the third
   49  degree under s. 893.13(6)(a).
   50         3. For felonies of the third degree under s. 893.13(6)(a),
   51  more than 5 years before the date of application;
   52         (b) Has been convicted of, or entered a plea of guilty or
   53  nolo contendere to, regardless of adjudication, a felony under
   54  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the
   55  sentence and any subsequent period of probation for such
   56  conviction or plea ended more than 15 years before the date of
   57  the application;
   58         (c)(b)Has been terminated for cause from the Florida
   59  Medicaid program pursuant to s. 409.913, unless the candidate or
   60  applicant has been in good standing with the Florida Medicaid
   61  program for the most recent 5 years;
   62         (d)(c)Has been terminated for cause, pursuant to the
   63  appeals procedures established by the state or Federal
   64  Government, from any other state Medicaid program or the federal
   65  Medicare program, unless the candidate or applicant has been in
   66  good standing with a state Medicaid program or the federal
   67  Medicare program for the most recent 5 years and the termination
   68  occurred at least 20 years before prior to the date of the
   69  application; or.
   70         (e) Is currently listed on the United States Department of
   71  Health and Human Services Office of Inspector General’s List of
   72  Excluded Individuals and Entities.
   73  
   74  This subsection does not apply to candidates or applicants for
   75  initial licensure or certification who were enrolled in an
   76  educational or training program on or before July 1, 2009, which
   77  was recognized by a board or, if there is no board, recognized
   78  by the department, and who applied for licensure after July 1,
   79  2012.
   80         (3) The department shall refuse to renew a license,
   81  certificate, or registration of any applicant if the applicant
   82  or any principal, officer, agent, managing employee, or
   83  affiliated person of the applicant:
   84         (a) Has been convicted of, or entered a plea of guilty or
   85  nolo contendere to, regardless of adjudication, a felony under
   86  chapter 409, chapter 817, or chapter 893, or a similar felony
   87  offense committed in another state or jurisdiction, unless the
   88  applicant is currently enrolled in a drug court program that
   89  allows the withdrawal of the plea for that felony upon
   90  successful completion of that program. Any such conviction or
   91  plea excludes the applicant or candidate from licensure,
   92  examination, certification, or registration unless the sentence
   93  and any subsequent period of probation for such conviction or
   94  plea ended:
   95         1. For felonies of the first or second degree, more than 15
   96  years before the date of application.
   97         2. For felonies of the third degree, more than 10 years
   98  before the date of application, except for felonies of the third
   99  degree under s. 893.13(6)(a).
  100         3. For felonies of the third degree under s. 893.13(6)(a),
  101  more than 5 years before the date of application.
  102         (b) Has been convicted of, or entered a plea of guilty or
  103  nolo contendere to, regardless of adjudication, a felony under
  104  21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1,
  105  2009, unless the sentence and any subsequent period of probation
  106  for such conviction or plea ended more than 15 years before the
  107  date of the application.
  108         (c) Has been terminated for cause from the Florida Medicaid
  109  program pursuant to s. 409.913, unless the applicant has been in
  110  good standing with the Florida Medicaid program for the most
  111  recent 5 years.
  112         (d) Has been terminated for cause, pursuant to the appeals
  113  procedures established by the state, from any other state
  114  Medicaid program, unless the applicant has been in good standing
  115  with a state Medicaid program for the most recent 5 years and
  116  the termination occurred at least 20 years before the date of
  117  the application.
  118         (e) Is currently listed on the United States Department of
  119  Health and Human Services Office of Inspector General’s List of
  120  Excluded Individuals and Entities.
  121         (4)(3) Licensed health care practitioners shall report
  122  allegations of health care Medicaid fraud to the department,
  123  regardless of the practice setting in which the alleged health
  124  care Medicaid fraud occurred.
  125         (5)(4) The acceptance by a licensing authority of a
  126  licensee’s candidate’s relinquishment of a license which is
  127  offered in response to or anticipation of the filing of
  128  administrative charges alleging health care Medicaid fraud or
  129  similar charges constitutes the permanent revocation of the
  130  license.
  131         Section 2. Present subsections (14) and (15) of section
  132  456.036, Florida Statutes, are renumbered as subsections (15)
  133  and (16), respectively, and a new subsection (14) is added to
  134  that section, to read:
  135         456.036 Licenses; active and inactive status; delinquency.—
  136         (14) A person who has been denied renewal of licensure,
  137  certification, or registration under s. 456.0635(3) may regain
  138  licensure, certification, or registration only by meeting the
  139  qualifications and completing the application process for
  140  initial licensure as defined by the board, or the department if
  141  there is no board. However, a person who was denied renewal of
  142  licensure, certification, or registration under s. 24 of chapter
  143  2009-223, Laws of Florida, between July 1, 2009, and June 30,
  144  2012, is not required to retake and pass examinations applicable
  145  for initial licensure, certification, or registration.
  146         Section 3. This act shall take effect July 1, 2012.