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.
   17  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.
   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.