HB 653

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

CODING: Words stricken are deletions; words underlined are additions.