Florida Senate - 2015 CS for SB 816
By the Committee on Fiscal Policy; and Senator Grimsley
594-04169-15 2015816c1
1 A bill to be entitled
2 An act relating to the regulation of health care
3 facilities and services; amending s. 400.474, F.S.;
4 revising the information that a home health agency is
5 required to submit to the Agency for Health Care
6 Administration for license renewal; removing the
7 requirement that a home health agency submit quarterly
8 reports; amending s. 408.036, F.S.; providing an
9 exemption from a certificate-of-need review for
10 applicants that were previously licensed within a
11 specified period as a health care facility or provider
12 and that meet certain criteria; providing an exception
13 for an applicant whose license expired during a
14 specified time period to apply for an exemption from
15 the review; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (7) of section 400.474, Florida
20 Statutes, is amended to read:
21 400.474 Administrative penalties.—
22 (7) A home health agency shall submit to the agency, with
23 each license renewal application, the number of patients who
24 receive home health services from the home health agency on the
25 day that the license renewal application is filed, within 15
26 days after the end of each calendar quarter, a written report
27 that includes the following data as they existed on the last day
28 of the quarter:
29 (a) The number of insulin-dependent diabetic patients who
30 receive insulin-injection services from the home health agency.
31 (b) The number of patients who receive both home health
32 services from the home health agency and hospice services.
33 (c) The number of patients who receive home health services
34 from the home health agency.
35 (d) The name and license number of each nurse whose primary
36 job responsibility is to provide home health services to
37 patients and who received remuneration from the home health
38 agency in excess of $25,000 during the calendar quarter.
39
40 If the home health agency fails to submit the written quarterly
41 report within 15 days after the end of each calendar quarter,
42 the Agency for Health Care Administration shall impose a fine
43 against the home health agency in the amount of $200 per day
44 until the Agency for Health Care Administration receives the
45 report, except that the total fine imposed pursuant to this
46 subsection may not exceed $5,000 per quarter. A home health
47 agency is exempt from submission of the report and the
48 imposition of the fine if it is not a Medicaid or Medicare
49 provider or if it does not share a controlling interest with a
50 licensee, as defined in s. 408.803, which bills the Florida
51 Medicaid program or the Medicare program.
52 Section 2. Paragraph (t) is added to subsection (3) of
53 section 408.036, Florida Statutes, to read:
54 408.036 Projects subject to review; exemptions.—
55 (3) EXEMPTIONS.—Upon request, the following projects are
56 subject to exemption from the provisions of subsection (1):
57 (t) For the establishment of a health care facility or
58 project that meets all of the following criteria:
59 1. The applicant was previously licensed within the past 21
60 days as a health care facility or provider that is subject to
61 subsection (1).
62 2. The applicant failed to submit a renewal application and
63 the license expired on or after January 1, 2015.
64 3. The applicant does not have a license denial or
65 revocation action pending with the agency at the time of the
66 request.
67 4. The applicant’s request is for the same service type,
68 district, service area, and site for which the applicant was
69 previously licensed.
70 5. The applicant’s request, if applicable, includes the
71 same number and type of beds as were previously licensed.
72 6. The applicant agrees to the same conditions that were
73 previously imposed on the certificate of need or on an exemption
74 related to the applicant’s previously licensed health care
75 facility or project.
76 7. The applicant applies for initial licensure as required
77 under s. 408.806 within 21 days after the agency approves the
78 exemption request. If the applicant fails to apply in a timely
79 manner, the exemption expires on the 22nd day following the
80 agency’s approval of the exemption.
81
82 Notwithstanding subparagraph 1., an applicant whose license
83 expired between January 1, 2015 and the effective date of this
84 act may apply for an exemption within 30 days of this act
85 becoming law.
86 Section 3. This act shall take effect July 1, 2015.