Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 876 Ì493956UÎ493956 LEGISLATIVE ACTION Senate . House Comm: RS . 03/14/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Young) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 546 and 547 4 insert: 5 Section 4. Subsections (2) and (3) of section 456.0635, 6 Florida Statutes, are amended to read: 7 456.0635 Health care fraud; disqualification for license, 8 certificate, or registration.— 9 (2) Each board within the jurisdiction of the department, 10 or the department if there is no board, shall refuse to admit a 11 candidate to any examination and refuse to issue a license, 12 certificate, or registration to any applicant if the candidate 13 or applicant or any principal, officer, agent, managing 14 employee, or affiliated person of the candidate or applicant: 15 (a) Has been convicted of, or entered a plea of guilty or 16 nolo contendere to, regardless of adjudication, a felony under 17 chapter 409, chapter 817, or chapter 893, or a similar felony 18 offense committed in another state or jurisdiction, unless the 19 candidate or applicant has successfully completed a pretrial 20 diversion or drug court program for that felony and provides 21 proof that the plea has been withdrawn or the charges have been 22 dismissed. Any such conviction or plea shall exclude the 23 applicant or candidate from licensure, examination, 24 certification, or registration unless the sentence and any 25 subsequent period of probation for such conviction or plea 26 ended: 27 1. For felonies of the first or second degree, more than 15 28 years before the date of application. 29 2. For felonies of the third degree, more than 10 years 30 before the date of application, except for felonies of the third 31 degree under s. 893.13(6)(a). 32 3. For felonies of the third degree under s. 893.13(6)(a), 33 more than 5 years before the date of application; 34 (b) Has been convicted of, or entered a plea of guilty or 35 nolo contendere to, regardless of adjudication, a felony under 36 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the 37 sentence and any subsequent period of probation for such 38 conviction or plea ended more than 15 years before the date of 39 the application; 40 (c) Has been terminated for cause from the Florida Medicaid 41 program pursuant to s. 409.913, unless the candidate or 42 applicant has been in good standing with the Florida Medicaid 43 program for the most recent 5 years; 44 (d) Has been terminated for cause, pursuant to the appeals 45 procedures established by the state, from any other state 46 Medicaid program, unless the candidate or applicant has been in 47 good standing with a state Medicaid program for the most recent 48 5 years and the termination occurred at least 20 years before 49 the date of the application; or 50 (e) Is currently listed on the United States Department of 51 Health and Human Services Office of Inspector General’s List of 52 Excluded Individuals and Entities. 53 54 This subsection does not apply to an applicant for initial 55 licensure, certification, or registration who was enrolled on or 56 before July 1, 2009, in an educational or training program that 57 was recognized by a board or, if there is no board, recognized 58 by the department and who applied for licensure, certification, 59 or registration after July 1, 2012. 60 (3) The department shall refuse to renew a license, 61 certificate, or registration of any applicant if the applicant 62 or any principal, officer, agent, managing employee, or 63 affiliated person of the applicant: 64 (a) Has been convicted of, or entered a plea of guilty or 65 nolo contendere to, regardless of adjudication, a felony under 66 chapter 409, chapter 817, or chapter 893, or a similar felony 67 offense committed in another state or jurisdiction, unless the 68 applicant is currently enrolled in a pretrial diversion or drug 69 court program that allows the withdrawal of the plea for that 70 felony upon successful completion of that program. Any such 71 conviction or plea excludes the applicant from licensure renewal 72 unless the sentence and any subsequent period of probation for 73 such conviction or plea ended: 74 1. For felonies of the first or second degree, more than 15 75 years before the date of application. 76 2. For felonies of the third degree, more than 10 years 77 before the date of application, except for felonies of the third 78 degree under s. 893.13(6)(a). 79 3. For felonies of the third degree under s. 893.13(6)(a), 80 more than 5 years before the date of application. 81 (b) Has been convicted of, or entered a plea of guilty or 82 nolo contendere to, regardless of adjudication, a felony under 83 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1, 84 2009, unless the sentence and any subsequent period of probation 85 for such conviction or plea ended more than 15 years before the 86 date of the application. However, if the applicant was arrested 87 or charged with such felony before July 1, 2009, he or she is 88 not excluded from licensure renewal under this paragraph. 89 (c) Has been terminated for cause from the Florida Medicaid 90 program pursuant to s. 409.913, unless the applicant has been in 91 good standing with the Florida Medicaid program for the most 92 recent 5 years. 93 (d) Has been terminated for cause, pursuant to the appeals 94 procedures established by the state, from any other state 95 Medicaid program, unless the applicant has been in good standing 96 with a state Medicaid program for the most recent 5 years and 97 the termination occurred at least 20 years before the date of 98 the application. 99 (e) Is currently listed on the United States Department of 100 Health and Human Services Office of Inspector General’s List of 101 Excluded Individuals and Entities. 102 103 ================= T I T L E A M E N D M E N T ================ 104 And the title is amended as follows: 105 Delete line 47 106 and insert: 107 changes made by the act; amending s. 456.0635, F.S.; 108 providing that a specified board or the department is 109 not required, under certain circumstances, to refuse 110 to admit a candidate to an examination, to issue a 111 license, certificate, or registration to an applicant, 112 and to renew a license, certificate, or registration 113 of an applicant if the candidate or applicant has 114 successfully completed a pretrial diversion program; 115 providing applicability; amending ss. 456.072,