Florida Senate - 2020                             CS for SB 1726
       
       
        
       By the Committee on Health Policy; and Senator Bean
       
       
       
       
       
       588-02756-20                                          20201726c1
    1                        A bill to be entitled                      
    2         An act relating to the Agency for Health Care
    3         Administration; amending s. 383.327, F.S.; requiring
    4         birth centers to report certain deaths and stillbirths
    5         to the agency; removing a requirement that a certain
    6         report be submitted annually to the agency;
    7         authorizing the agency to prescribe by rule the
    8         frequency at which such report is submitted; amending
    9         s. 395.003, F.S.; removing a requirement that
   10         specified information be listed on licenses for
   11         certain facilities; repealing s. 395.7015, F.S.,
   12         relating to an annual assessment on health care
   13         entities; amending s. 395.7016, F.S.; conforming a
   14         provision to changes made by the act; amending s.
   15         400.19, F.S.; revising provisions requiring the agency
   16         to conduct licensure inspections of nursing homes;
   17         requiring the agency to conduct additional licensure
   18         surveys under certain circumstances; requiring the
   19         agency to assess a specified fine for such surveys;
   20         amending s. 400.462, F.S.; revising definitions;
   21         amending s. 400.464, F.S.; revising licensure
   22         requirements for home health agencies; amending s.
   23         400.471, F.S.; revising provisions related to certain
   24         application requirements for home health agencies;
   25         amending s. 400.492, F.S.; revising provisions related
   26         to services provided by home health agencies during an
   27         emergency; amending s. 400.506, F.S.; revising
   28         provisions related to licensure requirements for nurse
   29         registries; amending s. 400.509, F.S.; revising
   30         provisions related to the registration of certain
   31         service providers; amending s. 400.605, F.S.; removing
   32         a requirement that the agency conduct specified
   33         inspections of certain licensees; amending s.
   34         400.60501, F.S.; deleting an obsolete date; removing a
   35         requirement that the agency develop a specified annual
   36         report; amending s. 400.9905, F.S.; revising the
   37         definition of the term “clinic”; amending s. 400.991,
   38         F.S.; removing the option for health care clinics to
   39         file a surety bond under certain circumstances;
   40         amending s. 400.9935, F.S.; removing a requirement
   41         that certain directors conduct specified reviews;
   42         requiring certain clinics to publish and post a
   43         schedule of charges; amending s. 408.033, F.S.;
   44         conforming a provision to changes made by the act;
   45         amending s. 408.061, F.S.; revising provisions
   46         requiring health care facilities to submit specified
   47         data to the agency; amending s. 408.0611, F.S.;
   48         removing the requirement that the agency annually
   49         report to the Governor and the Legislature by a
   50         specified date on the progress of implementation of
   51         electronic prescribing; amending s. 408.062, F.S.;
   52         removing requirements that the agency annually report
   53         specified information to the Governor and Legislature
   54         by a specified date and, instead, requiring the agency
   55         to annually publish such information on its website;
   56         amending s. 408.063, F.S.; removing a requirement that
   57         the agency publish certain annual reports; amending s.
   58         408.803, F.S.; conforming a definition to changes made
   59         by the act; defining the term “low-risk provider”;
   60         amending ss. 408.802, 408.820, 408.831, and 408.832,
   61         F.S.; conforming provisions to changes made by the
   62         act; amending s. 408.806, F.S.; exempting certain
   63         providers from a specified inspection; amending s.
   64         408.808, F.S.; authorizing the issuance of a
   65         provisional license to certain applicants; amending
   66         ss. 408.809 and 409.907, F.S.; revising background
   67         screening requirements for certain licensees and
   68         providers; amending s. 408.811, F.S.; authorizing the
   69         agency to grant certain providers an exemption from a
   70         specified inspection under certain circumstances;
   71         authorizing the agency to adopt rules to grant waivers
   72         of certain inspections and extended inspection periods
   73         under certain circumstances; amending s. 408.821,
   74         F.S.; revising provisions requiring licensees to have
   75         a specified plan; providing requirements for the
   76         submission of such plan; amending s. 408.909, F.S.;
   77         removing a requirement that the agency and Office of
   78         Insurance Regulation evaluate a specified program;
   79         amending s. 408.9091, F.S.; requiring the agency and
   80         office to each, instead of jointly, submit a specified
   81         annual report to the Governor and Legislature;
   82         amending s. 409.905, F.S.; providing construction for
   83         a provision that requires the agency to discontinue
   84         its hospital retrospective review program under
   85         certain circumstances; providing legislative intent;
   86         amending s. 409.913, F.S.; revising the due date for a
   87         certain annual report; deleting the requirement that
   88         certain agencies submit their annual reports jointly;
   89         amending s. 409.967, F.S.; revising the length of
   90         managed care plan contracts procured by the agency
   91         beginning during a specified timeframe; requiring the
   92         agency to extend the term of certain existing managed
   93         care plan contracts until a specified date; amending
   94         s. 429.11, F.S.; removing an authorization for the
   95         issuance of a provisional license to certain
   96         facilities; amending s. 429.19, F.S.; removing
   97         requirements that the agency develop and disseminate a
   98         specified list and the Department of Children and
   99         Families disseminate such list to certain providers;
  100         amending ss. 429.35, 429.905, and 429.929, F.S.;
  101         revising provisions requiring a biennial inspection
  102         cycle for specified facilities and centers,
  103         respectively; repealing part I of ch. 483, F.S.,
  104         relating to the Florida Multiphasic Health Testing
  105         Center Law; redesignating parts II and III of ch. 483,
  106         F.S., as parts I and II, respectively; amending ss.
  107         20.43, 381.0034, 456.001, 456.057, 456.076, and
  108         456.47, F.S.; conforming cross-references; providing
  109         effective dates.
  110          
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Subsections (2) and (4) of section 383.327,
  114  Florida Statutes, are amended to read:
  115         383.327 Birth and death records; reports.—
  116         (2) Each maternal death, newborn death, and stillbirth
  117  shall be reported immediately to the medical examiner and the
  118  agency.
  119         (4) A report shall be submitted annually to the agency. The
  120  contents of the report and the frequency with which it is
  121  submitted shall be prescribed by rule of the agency.
  122         Section 2. Subsection (4) of section 395.003, Florida
  123  Statutes, is amended to read:
  124         395.003 Licensure; denial, suspension, and revocation.—
  125         (4) The agency shall issue a license that which specifies
  126  the service categories and the number of hospital beds in each
  127  bed category for which a license is received. Such information
  128  shall be listed on the face of the license. All beds which are
  129  not covered by any specialty-bed-need methodology shall be
  130  specified as general beds. A licensed facility shall not operate
  131  a number of hospital beds greater than the number indicated by
  132  the agency on the face of the license without approval from the
  133  agency under conditions established by rule.
  134         Section 3. Section 395.7015, Florida Statutes, is repealed.
  135         Section 4. Section 395.7016, Florida Statutes, is amended
  136  to read:
  137         395.7016 Annual appropriation.—The Legislature shall
  138  appropriate each fiscal year from either the General Revenue
  139  Fund or the Agency for Health Care Administration Tobacco
  140  Settlement Trust Fund an amount sufficient to replace the funds
  141  lost due to reduction by chapter 2000-256, Laws of Florida, of
  142  the assessment on other health care entities under s. 395.7015,
  143  and the reduction by chapter 2000-256, Laws of Florida, in the
  144  assessment on hospitals under s. 395.701, and to maintain
  145  federal approval of the reduced amount of funds deposited into
  146  the Public Medical Assistance Trust Fund under s. 395.701, as
  147  state match for the state’s Medicaid program.
  148         Section 5. Subsection (3) of section 400.19, Florida
  149  Statutes, is amended to read:
  150         400.19 Right of entry and inspection.—
  151         (3) The agency shall conduct periodic, every 15 months
  152  conduct at least one unannounced licensure inspections
  153  inspection to determine compliance by the licensee with
  154  statutes, and with rules adopted promulgated under the
  155  provisions of those statutes, governing minimum standards of
  156  construction, quality and adequacy of care, and rights of
  157  residents. The survey shall be conducted every 6 months for the
  158  next 2-year period If the facility has been cited for a class I
  159  deficiency or, has been cited for two or more class II
  160  deficiencies arising from separate surveys or investigations
  161  within a 60-day period, the agency shall conduct an additional
  162  licensure survey or has had three or more substantiated
  163  complaints within a 6-month period, each resulting in at least
  164  one class I or class II deficiency. In addition to any other
  165  fees or fines in this part, the agency shall assess a fine for
  166  each facility that is subject to the additional licensure survey
  167  6-month survey cycle. The fine for the additional licensure
  168  survey is $3,000 2-year period shall be $6,000, one-half to be
  169  paid at the completion of each survey. The agency may adjust
  170  such this fine by the change in the Consumer Price Index, based
  171  on the 12 months immediately preceding the increase, to cover
  172  the cost of the additional surveys. The agency shall verify
  173  through subsequent inspection that any deficiency identified
  174  during inspection is corrected. However, the agency may verify
  175  the correction of a class III or class IV deficiency unrelated
  176  to resident rights or resident care without reinspecting the
  177  facility if adequate written documentation has been received
  178  from the facility, which provides assurance that the deficiency
  179  has been corrected. The giving or causing to be given of advance
  180  notice of such unannounced inspections by an employee of the
  181  agency to any unauthorized person shall constitute cause for
  182  suspension of not fewer than 5 working days according to the
  183  provisions of chapter 110.
  184         Section 6. Subsections (12), (14), (17), (21), and (22) of
  185  section 400.462, Florida Statutes, are amended to read:
  186         400.462 Definitions.—As used in this part, the term:
  187         (12) “Home health agency” means a person or an entity an
  188  organization that provides one or more home health services and
  189  staffing services.
  190         (14) “Home health services” means health and medical
  191  services and medical supplies furnished by an organization to an
  192  individual in the individual’s home or place of residence. The
  193  term includes organizations that provide one or more of the
  194  following:
  195         (a) Nursing care.
  196         (b) Physical, occupational, respiratory, or speech therapy.
  197         (c) Home health aide services.
  198         (d) Dietetics and nutrition practice and nutrition
  199  counseling.
  200         (e) Medical supplies, restricted to drugs and biologicals
  201  prescribed by a physician.
  202         (17) “Home infusion therapy provider” means a person or an
  203  entity an organization that employs, contracts with, or refers a
  204  licensed professional who has received advanced training and
  205  experience in intravenous infusion therapy and who administers
  206  infusion therapy to a patient in the patient’s home or place of
  207  residence.
  208         (21) “Nurse registry” means any person or entity that
  209  procures, offers, promises, or attempts to secure health-care
  210  related contracts for registered nurses, licensed practical
  211  nurses, certified nursing assistants, home health aides,
  212  companions, or homemakers, who are compensated by fees as
  213  independent contractors, including, but not limited to,
  214  contracts for the provision of services to patients and
  215  contracts to provide private duty or staffing services to health
  216  care facilities licensed under chapter 395, this chapter, or
  217  chapter 429 or other business entities.
  218         (22)“Organization” means a corporation, government or
  219  governmental subdivision or agency, partnership or association,
  220  or any other legal or commercial entity, any of which involve
  221  more than one health care professional discipline; a health care
  222  professional and a home health aide or certified nursing
  223  assistant; more than one home health aide; more than one
  224  certified nursing assistant; or a home health aide and a
  225  certified nursing assistant. The term does not include an entity
  226  that provides services using only volunteers or only individuals
  227  related by blood or marriage to the patient or client.
  228         Section 7. Subsections (1), (4), and (5) of section
  229  400.464, Florida Statutes, are amended to read:
  230         400.464 Home health agencies to be licensed; expiration of
  231  license; exemptions; unlawful acts; penalties.—
  232         (1) The requirements of part II of chapter 408 apply to the
  233  provision of services that require licensure pursuant to this
  234  part and part II of chapter 408 and entities licensed or
  235  registered by or applying for such licensure or registration
  236  from the Agency for Health Care Administration pursuant to this
  237  part. A license issued by the agency is required in order to
  238  operate a home health agency in this state. A license issued on
  239  or after July 1, 2018, must specify the home health services the
  240  licensee organization is authorized to perform and indicate
  241  whether such specified services are considered skilled care. The
  242  provision or advertising of services that require licensure
  243  pursuant to this part without such services being specified on
  244  the face of the license issued on or after July 1, 2018,
  245  constitutes unlicensed activity as prohibited under s. 408.812.
  246         (4)(a) A licensee An organization that offers or advertises
  247  to the public any service for which licensure or registration is
  248  required under this part must include in the advertisement the
  249  license number or registration number issued to the licensee
  250  organization by the agency. The agency shall assess a fine of
  251  not less than $100 to any licensee or registrant who fails to
  252  include the license or registration number when submitting the
  253  advertisement for publication, broadcast, or printing. The fine
  254  for a second or subsequent offense is $500. The holder of a
  255  license issued under this part may not advertise or indicate to
  256  the public that it holds a home health agency or nurse registry
  257  license other than the one it has been issued.
  258         (b) The operation or maintenance of an unlicensed home
  259  health agency or the performance of any home health services in
  260  violation of this part is declared a nuisance, inimical to the
  261  public health, welfare, and safety. The agency or any state
  262  attorney may, in addition to other remedies provided in this
  263  part, bring an action for an injunction to restrain such
  264  violation, or to enjoin the future operation or maintenance of
  265  the home health agency or the provision of home health services
  266  in violation of this part or part II of chapter 408, until
  267  compliance with this part or the rules adopted under this part
  268  has been demonstrated to the satisfaction of the agency.
  269         (c) A person or entity that who violates paragraph (a) is
  270  subject to an injunctive proceeding under s. 408.816. A
  271  violation of paragraph (a) or s. 408.812 is a deceptive and
  272  unfair trade practice and constitutes a violation of the Florida
  273  Deceptive and Unfair Trade Practices Act under part II of
  274  chapter 501.
  275         (d) A person or entity that who violates the provisions of
  276  paragraph (a) commits a misdemeanor of the second degree,
  277  punishable as provided in s. 775.082 or s. 775.083. Any person
  278  or entity that who commits a second or subsequent violation
  279  commits a misdemeanor of the first degree, punishable as
  280  provided in s. 775.082 or s. 775.083. Each day of continuing
  281  violation constitutes a separate offense.
  282         (e) Any person or entity that who owns, operates, or
  283  maintains an unlicensed home health agency and who, after
  284  receiving notification from the agency, fails to cease operation
  285  and apply for a license under this part commits a misdemeanor of
  286  the second degree, punishable as provided in s. 775.082 or s.
  287  775.083. Each day of continued operation is a separate offense.
  288         (f) Any home health agency that fails to cease operation
  289  after agency notification may be fined in accordance with s.
  290  408.812.
  291         (5) The following are exempt from the licensure as a home
  292  health agency under requirements of this part:
  293         (a) A home health agency operated by the Federal
  294  Government.
  295         (b) Home health services provided by a state agency, either
  296  directly or through a contractor with:
  297         1. The Department of Elderly Affairs.
  298         2. The Department of Health, a community health center, or
  299  a rural health network that furnishes home visits for the
  300  purpose of providing environmental assessments, case management,
  301  health education, personal care services, family planning, or
  302  followup treatment, or for the purpose of monitoring and
  303  tracking disease.
  304         3. Services provided to persons with developmental
  305  disabilities, as defined in s. 393.063.
  306         4. Companion and sitter organizations that were registered
  307  under s. 400.509(1) on January 1, 1999, and were authorized to
  308  provide personal services under a developmental services
  309  provider certificate on January 1, 1999, may continue to provide
  310  such services to past, present, and future clients of the
  311  organization who need such services, notwithstanding the
  312  provisions of this act.
  313         5. The Department of Children and Families.
  314         (c) A health care professional, whether or not
  315  incorporated, who is licensed under chapter 457; chapter 458;
  316  chapter 459; part I of chapter 464; chapter 467; part I, part
  317  III, part V, or part X of chapter 468; chapter 480; chapter 486;
  318  chapter 490; or chapter 491; and who is acting alone within the
  319  scope of his or her professional license to provide care to
  320  patients in their homes.
  321         (d) A home health aide or certified nursing assistant who
  322  is acting in his or her individual capacity, within the
  323  definitions and standards of his or her occupation, and who
  324  provides hands-on care to patients in their homes.
  325         (e) An individual who acts alone, in his or her individual
  326  capacity, and who is not employed by or affiliated with a
  327  licensed home health agency or registered with a licensed nurse
  328  registry. This exemption does not entitle an individual to
  329  perform home health services without the required professional
  330  license.
  331         (f) The delivery of instructional services in home dialysis
  332  and home dialysis supplies and equipment.
  333         (g) The delivery of nursing home services for which the
  334  nursing home is licensed under part II of this chapter, to serve
  335  its residents in its facility.
  336         (h) The delivery of assisted living facility services for
  337  which the assisted living facility is licensed under part I of
  338  chapter 429, to serve its residents in its facility.
  339         (i) The delivery of hospice services for which the hospice
  340  is licensed under part IV of this chapter, to serve hospice
  341  patients admitted to its service.
  342         (j) A hospital that provides services for which it is
  343  licensed under chapter 395.
  344         (k) The delivery of community residential services for
  345  which the community residential home is licensed under chapter
  346  419, to serve the residents in its facility.
  347         (l) A not-for-profit, community-based agency that provides
  348  early intervention services to infants and toddlers.
  349         (m) Certified rehabilitation agencies and comprehensive
  350  outpatient rehabilitation facilities that are certified under
  351  Title 18 of the Social Security Act.
  352         (n) The delivery of adult family-care home services for
  353  which the adult family-care home is licensed under part II of
  354  chapter 429, to serve the residents in its facility.
  355         (o)A person or entity that provides skilled care by health
  356  care professionals licensed solely under part I of chapter 464;
  357  part I, part III, or part V of chapter 468; or chapter 486.
  358         (p)A person or entity that provides services using only
  359  volunteers or only individuals related by blood or marriage to
  360  the patient or client.
  361         Section 8. Paragraph (g) of subsection (2) of section
  362  400.471, Florida Statutes, is amended to read:
  363         400.471 Application for license; fee.—
  364         (2) In addition to the requirements of part II of chapter
  365  408, the initial applicant, the applicant for a change of
  366  ownership, and the applicant for the addition of skilled care
  367  services must file with the application satisfactory proof that
  368  the home health agency is in compliance with this part and
  369  applicable rules, including:
  370         (g) In the case of an application for initial licensure, an
  371  application for a change of ownership, or an application for the
  372  addition of skilled care services, documentation of
  373  accreditation, or an application for accreditation, from an
  374  accrediting organization that is recognized by the agency as
  375  having standards comparable to those required by this part and
  376  part II of chapter 408. A home health agency that does not
  377  provide skilled care is exempt from this paragraph.
  378  Notwithstanding s. 408.806, the an initial applicant must
  379  provide proof of accreditation that is not conditional or
  380  provisional and a survey demonstrating compliance with the
  381  requirements of this part, part II of chapter 408, and
  382  applicable rules from an accrediting organization that is
  383  recognized by the agency as having standards comparable to those
  384  required by this part and part II of chapter 408 within 120 days
  385  after the date of the agency’s receipt of the application for
  386  licensure. Such accreditation must be continuously maintained by
  387  the home health agency to maintain licensure. The agency shall
  388  accept, in lieu of its own periodic licensure survey, the
  389  submission of the survey of an accrediting organization that is
  390  recognized by the agency if the accreditation of the licensed
  391  home health agency is not provisional and if the licensed home
  392  health agency authorizes release of, and the agency receives the
  393  report of, the accrediting organization.
  394         Section 9. Section 400.492, Florida Statutes, is amended to
  395  read:
  396         400.492 Provision of services during an emergency.—Each
  397  home health agency shall prepare and maintain a comprehensive
  398  emergency management plan that is consistent with the standards
  399  adopted by national or state accreditation organizations and
  400  consistent with the local special needs plan. The plan shall be
  401  updated annually and shall provide for continuing home health
  402  services during an emergency that interrupts patient care or
  403  services in the patient’s home. The plan shall include the means
  404  by which the home health agency will continue to provide staff
  405  to perform the same type and quantity of services to their
  406  patients who evacuate to special needs shelters that were being
  407  provided to those patients prior to evacuation. The plan shall
  408  describe how the home health agency establishes and maintains an
  409  effective response to emergencies and disasters, including:
  410  notifying staff when emergency response measures are initiated;
  411  providing for communication between staff members, county health
  412  departments, and local emergency management agencies, including
  413  a backup system; identifying resources necessary to continue
  414  essential care or services or referrals to other health care
  415  providers organizations subject to written agreement; and
  416  prioritizing and contacting patients who need continued care or
  417  services.
  418         (1) Each patient record for patients who are listed in the
  419  registry established pursuant to s. 252.355 shall include a
  420  description of how care or services will be continued in the
  421  event of an emergency or disaster. The home health agency shall
  422  discuss the emergency provisions with the patient and the
  423  patient’s caregivers, including where and how the patient is to
  424  evacuate, procedures for notifying the home health agency in the
  425  event that the patient evacuates to a location other than the
  426  shelter identified in the patient record, and a list of
  427  medications and equipment which must either accompany the
  428  patient or will be needed by the patient in the event of an
  429  evacuation.
  430         (2) Each home health agency shall maintain a current
  431  prioritized list of patients who need continued services during
  432  an emergency. The list shall indicate how services shall be
  433  continued in the event of an emergency or disaster for each
  434  patient and if the patient is to be transported to a special
  435  needs shelter, and shall indicate if the patient is receiving
  436  skilled nursing services and the patient’s medication and
  437  equipment needs. The list shall be furnished to county health
  438  departments and to local emergency management agencies, upon
  439  request.
  440         (3) Home health agencies shall not be required to continue
  441  to provide care to patients in emergency situations that are
  442  beyond their control and that make it impossible to provide
  443  services, such as when roads are impassable or when patients do
  444  not go to the location specified in their patient records. Home
  445  health agencies may establish links to local emergency
  446  operations centers to determine a mechanism by which to approach
  447  specific areas within a disaster area in order for the agency to
  448  reach its clients. Home health agencies shall demonstrate a good
  449  faith effort to comply with the requirements of this subsection
  450  by documenting attempts of staff to follow procedures outlined
  451  in the home health agency’s comprehensive emergency management
  452  plan, and by the patient’s record, which support a finding that
  453  the provision of continuing care has been attempted for those
  454  patients who have been identified as needing care by the home
  455  health agency and registered under s. 252.355, in the event of
  456  an emergency or disaster under subsection (1).
  457         (4) Notwithstanding the provisions of s. 400.464(2) or any
  458  other provision of law to the contrary, a home health agency may
  459  provide services in a special needs shelter located in any
  460  county.
  461         Section 10. Subsection (4) and paragraph (a) of subsection
  462  (5) of section 400.506, Florida Statutes, are amended to read:
  463         400.506 Licensure of nurse registries; requirements;
  464  penalties.—
  465         (4) A licensee who person that provides, offers, or
  466  advertises to the public any service for which licensure is
  467  required under this section must include in such advertisement
  468  the license number issued to the licensee it by the Agency for
  469  Health Care Administration. The agency shall assess a fine of
  470  not less than $100 against any licensee who fails to include the
  471  license number when submitting the advertisement for
  472  publication, broadcast, or printing. The fine for a second or
  473  subsequent offense is $500.
  474         (5)(a) In addition to the requirements of s. 408.812, any
  475  person or entity that who owns, operates, or maintains an
  476  unlicensed nurse registry and who, after receiving notification
  477  from the agency, fails to cease operation and apply for a
  478  license under this part commits a misdemeanor of the second
  479  degree, punishable as provided in s. 775.082 or s. 775.083. Each
  480  day of continued operation is a separate offense.
  481         Section 11. Subsections (1), (2), (4), and (5) of section
  482  400.509, Florida Statutes, are amended to read:
  483         400.509 Registration of particular service providers exempt
  484  from licensure; certificate of registration; regulation of
  485  registrants.—
  486         (1) Any person or entity organization that provides
  487  companion services or homemaker services and does not provide a
  488  home health service to a person is exempt from licensure under
  489  this part. However, any person or entity organization that
  490  provides companion services or homemaker services must register
  491  with the agency. A person or an entity An organization under
  492  contract with the Agency for Persons with Disabilities which
  493  provides companion services only for persons with a
  494  developmental disability, as defined in s. 393.063, is exempt
  495  from registration.
  496         (2) The requirements of part II of chapter 408 apply to the
  497  provision of services that require registration or licensure
  498  pursuant to this section and part II of chapter 408 and entities
  499  registered by or applying for such registration from the Agency
  500  for Health Care Administration pursuant to this section. Each
  501  applicant for registration and each registrant must comply with
  502  all provisions of part II of chapter 408. Registration or a
  503  license issued by the agency is required for a person or an
  504  entity to provide the operation of an organization that provides
  505  companion services or homemaker services.
  506         (4) Each registrant must obtain the employment or contract
  507  history of persons who are employed by or under contract with
  508  the person or entity organization and who will have contact at
  509  any time with patients or clients in their homes by:
  510         (a) Requiring such persons to submit an employment or
  511  contractual history to the registrant; and
  512         (b) Verifying the employment or contractual history, unless
  513  through diligent efforts such verification is not possible. The
  514  agency shall prescribe by rule the minimum requirements for
  515  establishing that diligent efforts have been made.
  516  
  517  There is no monetary liability on the part of, and no cause of
  518  action for damages arises against, a former employer of a
  519  prospective employee of or prospective independent contractor
  520  with a registrant who reasonably and in good faith communicates
  521  his or her honest opinions about the former employee’s or
  522  contractor’s job performance. This subsection does not affect
  523  the official immunity of an officer or employee of a public
  524  corporation.
  525         (5) A person or an entity that offers or advertises to the
  526  public a service for which registration is required must include
  527  in its advertisement the registration number issued by the
  528  Agency for Health Care Administration.
  529         Section 12. Subsection (3) of section 400.605, Florida
  530  Statutes, is amended to read:
  531         400.605 Administration; forms; fees; rules; inspections;
  532  fines.—
  533         (3) In accordance with s. 408.811, the agency shall conduct
  534  annual inspections of all licensees, except that licensure
  535  inspections may be conducted biennially for hospices having a 3
  536  year record of substantial compliance. The agency shall conduct
  537  such inspections and investigations as are necessary in order to
  538  determine the state of compliance with the provisions of this
  539  part, part II of chapter 408, and applicable rules.
  540         Section 13. Section 400.60501, Florida Statutes, is amended
  541  to read:
  542         400.60501 Outcome measures; adoption of federal quality
  543  measures; public reporting; annual report.—
  544         (1) No later than December 31, 2019, The agency shall adopt
  545  the national hospice outcome measures and survey data in 42
  546  C.F.R. part 418 to determine the quality and effectiveness of
  547  hospice care for hospices licensed in the state.
  548         (2) The agency shall:
  549         (a) make available to the public the national hospice
  550  outcome measures and survey data in a format that is
  551  comprehensible by a layperson and that allows a consumer to
  552  compare such measures of one or more hospices.
  553         (b)Develop an annual report that analyzes and evaluates
  554  the information collected under this act and any other data
  555  collection or reporting provisions of law.
  556         Section 14. Subsection (4) of section 400.9905, Florida
  557  Statutes, is amended to read:
  558         400.9905 Definitions.—
  559         (4) “Clinic” means an entity where health care services are
  560  provided to individuals and which tenders charges for
  561  reimbursement for such services, including a mobile clinic and a
  562  portable equipment provider. As used in this part, the term does
  563  not include and the licensure requirements of this part do not
  564  apply to:
  565         (a) Entities licensed or registered by the state under
  566  chapter 395; entities licensed or registered by the state and
  567  providing only health care services within the scope of services
  568  authorized under their respective licenses under ss. 383.30
  569  383.332, chapter 390, chapter 394, chapter 397, this chapter
  570  except part X, chapter 429, chapter 463, chapter 465, chapter
  571  466, chapter 478, chapter 484, or chapter 651; end-stage renal
  572  disease providers authorized under 42 C.F.R. part 405, subpart
  573  U; providers certified and providing only health care services
  574  within the scope of services authorized under their respective
  575  certifications under 42 C.F.R. part 485, subpart B, or subpart
  576  H, or subpart J; providers certified and providing only health
  577  care services within the scope of services authorized under
  578  their respective certifications under 42 C.F.R. part 486,
  579  subpart C; providers certified and providing only health care
  580  services within the scope of services authorized under their
  581  respective certifications under 42 C.F.R. part 491, subpart A;
  582  providers certified by the Centers for Medicare and Medicaid
  583  services under the federal Clinical Laboratory Improvement
  584  Amendments and the federal rules adopted thereunder; or any
  585  entity that provides neonatal or pediatric hospital-based health
  586  care services or other health care services by licensed
  587  practitioners solely within a hospital licensed under chapter
  588  395.
  589         (b) Entities that own, directly or indirectly, entities
  590  licensed or registered by the state pursuant to chapter 395;
  591  entities that own, directly or indirectly, entities licensed or
  592  registered by the state and providing only health care services
  593  within the scope of services authorized pursuant to their
  594  respective licenses under ss. 383.30-383.332, chapter 390,
  595  chapter 394, chapter 397, this chapter except part X, chapter
  596  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  597  484, or chapter 651; end-stage renal disease providers
  598  authorized under 42 C.F.R. part 405, subpart U; providers
  599  certified and providing only health care services within the
  600  scope of services authorized under their respective
  601  certifications under 42 C.F.R. part 485, subpart B, or subpart
  602  H, or subpart J; providers certified and providing only health
  603  care services within the scope of services authorized under
  604  their respective certifications under 42 C.F.R. part 486,
  605  subpart C; providers certified and providing only health care
  606  services within the scope of services authorized under their
  607  respective certifications under 42 C.F.R. part 491, subpart A;
  608  providers certified by the Centers for Medicare and Medicaid
  609  services under the federal Clinical Laboratory Improvement
  610  Amendments and the federal rules adopted thereunder; or any
  611  entity that provides neonatal or pediatric hospital-based health
  612  care services by licensed practitioners solely within a hospital
  613  licensed under chapter 395.
  614         (c) Entities that are owned, directly or indirectly, by an
  615  entity licensed or registered by the state pursuant to chapter
  616  395; entities that are owned, directly or indirectly, by an
  617  entity licensed or registered by the state and providing only
  618  health care services within the scope of services authorized
  619  pursuant to their respective licenses under ss. 383.30-383.332,
  620  chapter 390, chapter 394, chapter 397, this chapter except part
  621  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
  622  478, chapter 484, or chapter 651; end-stage renal disease
  623  providers authorized under 42 C.F.R. part 405, subpart U;
  624  providers certified and providing only health care services
  625  within the scope of services authorized under their respective
  626  certifications under 42 C.F.R. part 485, subpart B, or subpart
  627  H, or subpart J; providers certified and providing only health
  628  care services within the scope of services authorized under
  629  their respective certifications under 42 C.F.R. part 486,
  630  subpart C; providers certified and providing only health care
  631  services within the scope of services authorized under their
  632  respective certifications under 42 C.F.R. part 491, subpart A;
  633  providers certified by the Centers for Medicare and Medicaid
  634  services under the federal Clinical Laboratory Improvement
  635  Amendments and the federal rules adopted thereunder; or any
  636  entity that provides neonatal or pediatric hospital-based health
  637  care services by licensed practitioners solely within a hospital
  638  under chapter 395.
  639         (d) Entities that are under common ownership, directly or
  640  indirectly, with an entity licensed or registered by the state
  641  pursuant to chapter 395; entities that are under common
  642  ownership, directly or indirectly, with an entity licensed or
  643  registered by the state and providing only health care services
  644  within the scope of services authorized pursuant to their
  645  respective licenses under ss. 383.30-383.332, chapter 390,
  646  chapter 394, chapter 397, this chapter except part X, chapter
  647  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
  648  484, or chapter 651; end-stage renal disease providers
  649  authorized under 42 C.F.R. part 405, subpart U; providers
  650  certified and providing only health care services within the
  651  scope of services authorized under their respective
  652  certifications under 42 C.F.R. part 485, subpart B, or subpart
  653  H, or subpart J; providers certified and providing only health
  654  care services within the scope of services authorized under
  655  their respective certifications under 42 C.F.R. part 486,
  656  subpart C; providers certified and providing only health care
  657  services within the scope of services authorized under their
  658  respective certifications under 42 C.F.R. part 491, subpart A;
  659  providers certified by the Centers for Medicare and Medicaid
  660  services under the federal Clinical Laboratory Improvement
  661  Amendments and the federal rules adopted thereunder; or any
  662  entity that provides neonatal or pediatric hospital-based health
  663  care services by licensed practitioners solely within a hospital
  664  licensed under chapter 395.
  665         (e) An entity that is exempt from federal taxation under 26
  666  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  667  under 26 U.S.C. s. 409 that has a board of trustees at least
  668  two-thirds of which are Florida-licensed health care
  669  practitioners and provides only physical therapy services under
  670  physician orders, any community college or university clinic,
  671  and any entity owned or operated by the federal or state
  672  government, including agencies, subdivisions, or municipalities
  673  thereof.
  674         (f) A sole proprietorship, group practice, partnership, or
  675  corporation that provides health care services by physicians
  676  covered by s. 627.419, that is directly supervised by one or
  677  more of such physicians, and that is wholly owned by one or more
  678  of those physicians or by a physician and the spouse, parent,
  679  child, or sibling of that physician.
  680         (g) A sole proprietorship, group practice, partnership, or
  681  corporation that provides health care services by licensed
  682  health care practitioners under chapter 457, chapter 458,
  683  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  684  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
  685  chapter 490, chapter 491, or part I, part III, part X, part
  686  XIII, or part XIV of chapter 468, or s. 464.012, and that is
  687  wholly owned by one or more licensed health care practitioners,
  688  or the licensed health care practitioners set forth in this
  689  paragraph and the spouse, parent, child, or sibling of a
  690  licensed health care practitioner if one of the owners who is a
  691  licensed health care practitioner is supervising the business
  692  activities and is legally responsible for the entity’s
  693  compliance with all federal and state laws. However, a health
  694  care practitioner may not supervise services beyond the scope of
  695  the practitioner’s license, except that, for the purposes of
  696  this part, a clinic owned by a licensee in s. 456.053(3)(b)
  697  which provides only services authorized pursuant to s.
  698  456.053(3)(b) may be supervised by a licensee specified in s.
  699  456.053(3)(b).
  700         (h) Clinical facilities affiliated with an accredited
  701  medical school at which training is provided for medical
  702  students, residents, or fellows.
  703         (i) Entities that provide only oncology or radiation
  704  therapy services by physicians licensed under chapter 458 or
  705  chapter 459 or entities that provide oncology or radiation
  706  therapy services by physicians licensed under chapter 458 or
  707  chapter 459 which are owned by a corporation whose shares are
  708  publicly traded on a recognized stock exchange.
  709         (j) Clinical facilities affiliated with a college of
  710  chiropractic accredited by the Council on Chiropractic Education
  711  at which training is provided for chiropractic students.
  712         (k) Entities that provide licensed practitioners to staff
  713  emergency departments or to deliver anesthesia services in
  714  facilities licensed under chapter 395 and that derive at least
  715  90 percent of their gross annual revenues from the provision of
  716  such services. Entities claiming an exemption from licensure
  717  under this paragraph must provide documentation demonstrating
  718  compliance.
  719         (l) Orthotic, prosthetic, pediatric cardiology, or
  720  perinatology clinical facilities or anesthesia clinical
  721  facilities that are not otherwise exempt under paragraph (a) or
  722  paragraph (k) and that are a publicly traded corporation or are
  723  wholly owned, directly or indirectly, by a publicly traded
  724  corporation. As used in this paragraph, a publicly traded
  725  corporation is a corporation that issues securities traded on an
  726  exchange registered with the United States Securities and
  727  Exchange Commission as a national securities exchange.
  728         (m) Entities that are owned by a corporation that has $250
  729  million or more in total annual sales of health care services
  730  provided by licensed health care practitioners where one or more
  731  of the persons responsible for the operations of the entity is a
  732  health care practitioner who is licensed in this state and who
  733  is responsible for supervising the business activities of the
  734  entity and is responsible for the entity’s compliance with state
  735  law for purposes of this part.
  736         (n) Entities that employ 50 or more licensed health care
  737  practitioners licensed under chapter 458 or chapter 459 where
  738  the billing for medical services is under a single tax
  739  identification number. The application for exemption under this
  740  subsection shall contain information that includes: the name,
  741  residence, and business address and phone number of the entity
  742  that owns the practice; a complete list of the names and contact
  743  information of all the officers and directors of the
  744  corporation; the name, residence address, business address, and
  745  medical license number of each licensed Florida health care
  746  practitioner employed by the entity; the corporate tax
  747  identification number of the entity seeking an exemption; a
  748  listing of health care services to be provided by the entity at
  749  the health care clinics owned or operated by the entity and a
  750  certified statement prepared by an independent certified public
  751  accountant which states that the entity and the health care
  752  clinics owned or operated by the entity have not received
  753  payment for health care services under personal injury
  754  protection insurance coverage for the preceding year. If the
  755  agency determines that an entity which is exempt under this
  756  subsection has received payments for medical services under
  757  personal injury protection insurance coverage, the agency may
  758  deny or revoke the exemption from licensure under this
  759  subsection.
  760         (o)Entities that are, directly or indirectly, under the
  761  common ownership of or that are subject to common control by a
  762  mutual insurance holding company, as defined in s. 628.703, with
  763  an entity licensed or certified under chapter 627 or chapter 641
  764  which has $1 billion or more in total annual sales in this
  765  state.
  766         (p)Entities that are owned by an entity that is a
  767  behavioral health service provider in at least 5 states other
  768  than Florida and that, together with its affiliates, has $90
  769  million or more in total annual revenues associated with the
  770  provision of behavioral health services and where one or more of
  771  the persons responsible for the operations of the entity is a
  772  health care practitioner who is licensed in this state and who
  773  is responsible for supervising the business activities of the
  774  entity and who is responsible for the entity’s compliance with
  775  state law for purposes of this part.
  776         (q)Medicaid providers.
  777  
  778  Notwithstanding this subsection, an entity shall be deemed a
  779  clinic and must be licensed under this part in order to receive
  780  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
  781  627.730-627.7405, unless exempted under s. 627.736(5)(h).
  782         Section 15. Paragraph (c) of subsection (3) of section
  783  400.991, Florida Statutes, is amended to read:
  784         400.991 License requirements; background screenings;
  785  prohibitions.—
  786         (3) In addition to the requirements of part II of chapter
  787  408, the applicant must file with the application satisfactory
  788  proof that the clinic is in compliance with this part and
  789  applicable rules, including:
  790         (c) Proof of financial ability to operate as required under
  791  ss. 408.8065(1) and 408.810(8) s. 408.810(8). As an alternative
  792  to submitting proof of financial ability to operate as required
  793  under s. 408.810(8), the applicant may file a surety bond of at
  794  least $500,000 which guarantees that the clinic will act in full
  795  conformity with all legal requirements for operating a clinic,
  796  payable to the agency. The agency may adopt rules to specify
  797  related requirements for such surety bond.
  798         Section 16. Paragraph (i) of subsection (1) of section
  799  400.9935, Florida Statutes, is amended to read:
  800         400.9935 Clinic responsibilities.—
  801         (1) Each clinic shall appoint a medical director or clinic
  802  director who shall agree in writing to accept legal
  803  responsibility for the following activities on behalf of the
  804  clinic. The medical director or the clinic director shall:
  805         (i) Ensure that the clinic publishes a schedule of charges
  806  for the medical services offered to patients. The schedule must
  807  include the prices charged to an uninsured person paying for
  808  such services by cash, check, credit card, or debit card. The
  809  schedule may group services by price levels, listing services in
  810  each price level. The schedule must be posted in a conspicuous
  811  place in the reception area of any clinic that is an the urgent
  812  care center as defined in s. 395.002(29)(b) and must include,
  813  but is not limited to, the 50 services most frequently provided
  814  by the clinic. The schedule may group services by three price
  815  levels, listing services in each price level. The posting may be
  816  a sign that must be at least 15 square feet in size or through
  817  an electronic messaging board that is at least 3 square feet in
  818  size. The failure of a clinic, including a clinic that is an
  819  urgent care center, to publish and post a schedule of charges as
  820  required by this section shall result in a fine of not more than
  821  $1,000, per day, until the schedule is published and posted.
  822         Section 17. Paragraph (a) of subsection (2) of section
  823  408.033, Florida Statutes, is amended to read:
  824         408.033 Local and state health planning.—
  825         (2) FUNDING.—
  826         (a) The Legislature intends that the cost of local health
  827  councils be borne by assessments on selected health care
  828  facilities subject to facility licensure by the Agency for
  829  Health Care Administration, including abortion clinics, assisted
  830  living facilities, ambulatory surgical centers, birth centers,
  831  home health agencies, hospices, hospitals, intermediate care
  832  facilities for the developmentally disabled, nursing homes, and
  833  health care clinics, and multiphasic testing centers and by
  834  assessments on organizations subject to certification by the
  835  agency pursuant to chapter 641, part III, including health
  836  maintenance organizations and prepaid health clinics. Fees
  837  assessed may be collected prospectively at the time of licensure
  838  renewal and prorated for the licensure period.
  839         Section 18. Paragraph (a) of subsection (1) of section
  840  408.061, Florida Statutes, is amended to read:
  841         408.061 Data collection; uniform systems of financial
  842  reporting; information relating to physician charges;
  843  confidential information; immunity.—
  844         (1) The agency shall require the submission by health care
  845  facilities, health care providers, and health insurers of data
  846  necessary to carry out the agency’s duties and to facilitate
  847  transparency in health care pricing data and quality measures.
  848  Specifications for data to be collected under this section shall
  849  be developed by the agency and applicable contract vendors, with
  850  the assistance of technical advisory panels including
  851  representatives of affected entities, consumers, purchasers, and
  852  such other interested parties as may be determined by the
  853  agency.
  854         (a) Data submitted by health care facilities, including the
  855  facilities as defined in chapter 395, shall include, but are not
  856  limited to,: case-mix data, patient admission and discharge
  857  data, hospital emergency department data which shall include the
  858  number of patients treated in the emergency department of a
  859  licensed hospital reported by patient acuity level, data on
  860  hospital-acquired infections as specified by rule, data on
  861  complications as specified by rule, data on readmissions as
  862  specified by rule, including patient- with patient and provider
  863  specific identifiers included, actual charge data by diagnostic
  864  groups or other bundled groupings as specified by rule,
  865  financial data, accounting data, operating expenses, expenses
  866  incurred for rendering services to patients who cannot or do not
  867  pay, interest charges, depreciation expenses based on the
  868  expected useful life of the property and equipment involved, and
  869  demographic data. The agency shall adopt nationally recognized
  870  risk adjustment methodologies or software consistent with the
  871  standards of the Agency for Healthcare Research and Quality and
  872  as selected by the agency for all data submitted as required by
  873  this section. Data may be obtained from documents including such
  874  as, but not limited to,: leases, contracts, debt instruments,
  875  itemized patient statements or bills, medical record abstracts,
  876  and related diagnostic information. Reported Data elements shall
  877  be reported electronically in accordance with the inpatient data
  878  reporting instructions as prescribed by agency rule 59E-7.012,
  879  Florida Administrative Code. Data submitted shall be certified
  880  by the chief executive officer or an appropriate and duly
  881  authorized representative or employee of the licensed facility
  882  that the information submitted is true and accurate.
  883         Section 19. Subsection (4) of section 408.0611, Florida
  884  Statutes, is amended to read:
  885         408.0611 Electronic prescribing clearinghouse.—
  886         (4) Pursuant to s. 408.061, the agency shall monitor the
  887  implementation of electronic prescribing by health care
  888  practitioners, health care facilities, and pharmacies. By
  889  January 31 of each year, The agency shall report annually on its
  890  website on the progress of implementation of electronic
  891  prescribing to the Governor and the Legislature. Information
  892  reported pursuant to this subsection must shall include federal
  893  and private sector electronic prescribing initiatives and, to
  894  the extent that data is readily available from organizations
  895  that operate electronic prescribing networks, the number of
  896  health care practitioners using electronic prescribing and the
  897  number of prescriptions electronically transmitted.
  898         Section 20. Paragraphs (i) and (j) of subsection (1) of
  899  section 408.062, Florida Statutes, are amended to read:
  900         408.062 Research, analyses, studies, and reports.—
  901         (1) The agency shall conduct research, analyses, and
  902  studies relating to health care costs and access to and quality
  903  of health care services as access and quality are affected by
  904  changes in health care costs. Such research, analyses, and
  905  studies shall include, but not be limited to:
  906         (i) The use of emergency department services by patient
  907  acuity level and the implication of increasing hospital cost by
  908  providing nonurgent care in emergency departments. The agency
  909  shall publish annually on its website information submit an
  910  annual report based on this monitoring and assessment to the
  911  Governor, the Speaker of the House of Representatives, the
  912  President of the Senate, and the substantive legislative
  913  committees, due January 1.
  914         (j) The making available on its Internet website, and in a
  915  hard-copy format upon request, of patient charge, volumes,
  916  length of stay, and performance indicators collected from health
  917  care facilities pursuant to s. 408.061(1)(a) for specific
  918  medical conditions, surgeries, and procedures provided in
  919  inpatient and outpatient facilities as determined by the agency.
  920  In making the determination of specific medical conditions,
  921  surgeries, and procedures to include, the agency shall consider
  922  such factors as volume, severity of the illness, urgency of
  923  admission, individual and societal costs, and whether the
  924  condition is acute or chronic. Performance outcome indicators
  925  shall be risk adjusted or severity adjusted, as applicable,
  926  using nationally recognized risk adjustment methodologies or
  927  software consistent with the standards of the Agency for
  928  Healthcare Research and Quality and as selected by the agency.
  929  The website shall also provide an interactive search that allows
  930  consumers to view and compare the information for specific
  931  facilities, a map that allows consumers to select a county or
  932  region, definitions of all of the data, descriptions of each
  933  procedure, and an explanation about why the data may differ from
  934  facility to facility. Such public data shall be updated
  935  quarterly. The agency shall publish annually on its website
  936  information submit an annual status report on the collection of
  937  data and publication of health care quality measures to the
  938  Governor, the Speaker of the House of Representatives, the
  939  President of the Senate, and the substantive legislative
  940  committees, due January 1.
  941         Section 21. Subsection (5) of section 408.063, Florida
  942  Statutes, is amended to read:
  943         408.063 Dissemination of health care information.—
  944         (5)The agency shall publish annually a comprehensive
  945  report of state health expenditures. The report shall identify:
  946         (a)The contribution of health care dollars made by all
  947  payors.
  948         (b)The dollars expended by type of health care service in
  949  Florida.
  950         Section 22. Section 408.802, Florida Statutes, is amended
  951  to read:
  952         408.802 Applicability.—The provisions of This part applies
  953  apply to the provision of services that require licensure as
  954  defined in this part and to the following entities licensed,
  955  registered, or certified by the agency, as described in chapters
  956  112, 383, 390, 394, 395, 400, 429, 440, 483, and 765:
  957         (1) Laboratories authorized to perform testing under the
  958  Drug-Free Workplace Act, as provided under ss. 112.0455 and
  959  440.102.
  960         (2) Birth centers, as provided under chapter 383.
  961         (3) Abortion clinics, as provided under chapter 390.
  962         (4) Crisis stabilization units, as provided under parts I
  963  and IV of chapter 394.
  964         (5) Short-term residential treatment facilities, as
  965  provided under parts I and IV of chapter 394.
  966         (6) Residential treatment facilities, as provided under
  967  part IV of chapter 394.
  968         (7) Residential treatment centers for children and
  969  adolescents, as provided under part IV of chapter 394.
  970         (8) Hospitals, as provided under part I of chapter 395.
  971         (9) Ambulatory surgical centers, as provided under part I
  972  of chapter 395.
  973         (10) Nursing homes, as provided under part II of chapter
  974  400.
  975         (11) Assisted living facilities, as provided under part I
  976  of chapter 429.
  977         (12) Home health agencies, as provided under part III of
  978  chapter 400.
  979         (13) Nurse registries, as provided under part III of
  980  chapter 400.
  981         (14) Companion services or homemaker services providers, as
  982  provided under part III of chapter 400.
  983         (15) Adult day care centers, as provided under part III of
  984  chapter 429.
  985         (16) Hospices, as provided under part IV of chapter 400.
  986         (17) Adult family-care homes, as provided under part II of
  987  chapter 429.
  988         (18) Homes for special services, as provided under part V
  989  of chapter 400.
  990         (19) Transitional living facilities, as provided under part
  991  XI of chapter 400.
  992         (20) Prescribed pediatric extended care centers, as
  993  provided under part VI of chapter 400.
  994         (21) Home medical equipment providers, as provided under
  995  part VII of chapter 400.
  996         (22) Intermediate care facilities for persons with
  997  developmental disabilities, as provided under part VIII of
  998  chapter 400.
  999         (23) Health care services pools, as provided under part IX
 1000  of chapter 400.
 1001         (24) Health care clinics, as provided under part X of
 1002  chapter 400.
 1003         (25)Multiphasic health testing centers, as provided under
 1004  part I of chapter 483.
 1005         (25)(26) Organ, tissue, and eye procurement organizations,
 1006  as provided under part V of chapter 765.
 1007         Section 23. Present subsections (10) through (14) of
 1008  section 408.803, Florida Statutes, are redesignated as
 1009  subsections (11) through (15), respectively, a new subsection
 1010  (10) is added to that section, and subsection (3) of that
 1011  section is amended, to read:
 1012         408.803 Definitions.—As used in this part, the term:
 1013         (3) “Authorizing statute” means the statute authorizing the
 1014  licensed operation of a provider listed in s. 408.802 and
 1015  includes chapters 112, 383, 390, 394, 395, 400, 429, 440, 483,
 1016  and 765.
 1017         (10)“Low-risk provider” means nurse registries, home
 1018  medical equipment providers, and health care clinics.
 1019         Section 24. Paragraph (b) of subsection (7) of section
 1020  408.806, Florida Statutes, is amended to read:
 1021         408.806 License application process.—
 1022         (7)
 1023         (b) An initial inspection is not required for companion
 1024  services or homemaker services providers, as provided under part
 1025  III of chapter 400, or for health care services pools, as
 1026  provided under part IX of chapter 400, or for low-risk providers
 1027  as provided under s. 408.811.
 1028         Section 25. Subsection (2) of section 408.808, Florida
 1029  Statutes, is amended to read:
 1030         408.808 License categories.—
 1031         (2) PROVISIONAL LICENSE.—An applicant against whom a
 1032  proceeding denying or revoking a license is pending at the time
 1033  of license renewal may be issued a provisional license effective
 1034  until final action not subject to further appeal. A provisional
 1035  license may also be issued to an applicant for initial licensure
 1036  or applying for a change of ownership. A provisional license
 1037  must be limited in duration to a specific period of time, up to
 1038  12 months, as determined by the agency.
 1039         Section 26. Subsections (2) and (5) of section 408.809,
 1040  Florida Statutes, are amended to read:
 1041         408.809 Background screening; prohibited offenses.—
 1042         (2) Every 5 years following his or her licensure,
 1043  employment, or entry into a contract in a capacity that under
 1044  subsection (1) would require level 2 background screening under
 1045  chapter 435, each such person must submit to level 2 background
 1046  rescreening as a condition of retaining such license or
 1047  continuing in such employment or contractual status. For any
 1048  such rescreening, the agency shall request the Department of Law
 1049  Enforcement to forward the person’s fingerprints to the Federal
 1050  Bureau of Investigation for a national criminal history record
 1051  check unless the person’s fingerprints are enrolled in the
 1052  Federal Bureau of Investigation’s national retained print arrest
 1053  notification program. If the fingerprints of such a person are
 1054  not retained by the Department of Law Enforcement under s.
 1055  943.05(2)(g) and (h), the person must submit fingerprints
 1056  electronically to the Department of Law Enforcement for state
 1057  processing, and the Department of Law Enforcement shall forward
 1058  the fingerprints to the Federal Bureau of Investigation for a
 1059  national criminal history record check. The fingerprints shall
 1060  be retained by the Department of Law Enforcement under s.
 1061  943.05(2)(g) and (h) and enrolled in the national retained print
 1062  arrest notification program when the Department of Law
 1063  Enforcement begins participation in the program. The cost of the
 1064  state and national criminal history records checks required by
 1065  level 2 screening may be borne by the licensee or the person
 1066  fingerprinted. Until a specified agency is fully implemented in
 1067  the clearinghouse created under s. 435.12, The agency may accept
 1068  as satisfying the requirements of this section proof of
 1069  compliance with level 2 screening standards submitted within the
 1070  previous 5 years to meet any provider or professional licensure
 1071  requirements of the agency, the Department of Health, the
 1072  Department of Elderly Affairs, the Agency for Persons with
 1073  Disabilities, the Department of Children and Families, or the
 1074  Department of Financial Services for an applicant for a
 1075  certificate of authority or provisional certificate of authority
 1076  to operate a continuing care retirement community under chapter
 1077  651, provided that:
 1078         (a) The screening standards and disqualifying offenses for
 1079  the prior screening are equivalent to those specified in s.
 1080  435.04 and this section;
 1081         (b) The person subject to screening has not had a break in
 1082  service from a position that requires level 2 screening for more
 1083  than 90 days; and
 1084         (c) Such proof is accompanied, under penalty of perjury, by
 1085  an attestation of compliance with chapter 435 and this section
 1086  using forms provided by the agency.
 1087         (5) A person who serves as a controlling interest of, is
 1088  employed by, or contracts with a licensee on July 31, 2010, who
 1089  has been screened and qualified according to standards specified
 1090  in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015,
 1091  in compliance with the following schedule. If, upon rescreening,
 1092  such person has a disqualifying offense that was not a
 1093  disqualifying offense at the time of the last screening, but is
 1094  a current disqualifying offense and was committed before the
 1095  last screening, he or she may apply for an exemption from the
 1096  appropriate licensing agency and, if agreed to by the employer,
 1097  may continue to perform his or her duties until the licensing
 1098  agency renders a decision on the application for exemption if
 1099  the person is eligible to apply for an exemption and the
 1100  exemption request is received by the agency within 30 days after
 1101  receipt of the rescreening results by the person. The
 1102  rescreening schedule shall be:
 1103         (a) Individuals for whom the last screening was conducted
 1104  on or before December 31, 2004, must be rescreened by July 31,
 1105  2013.
 1106         (b) Individuals for whom the last screening conducted was
 1107  between January 1, 2005, and December 31, 2008, must be
 1108  rescreened by July 31, 2014.
 1109         (c) Individuals for whom the last screening conducted was
 1110  between January 1, 2009, through July 31, 2011, must be
 1111  rescreened by July 31, 2015.
 1112         Section 27. Subsection (1) of section 408.811, Florida
 1113  Statutes, is amended to read:
 1114         408.811 Right of inspection; copies; inspection reports;
 1115  plan for correction of deficiencies.—
 1116         (1) An authorized officer or employee of the agency may
 1117  make or cause to be made any inspection or investigation deemed
 1118  necessary by the agency to determine the state of compliance
 1119  with this part, authorizing statutes, and applicable rules. The
 1120  right of inspection extends to any business that the agency has
 1121  reason to believe is being operated as a provider without a
 1122  license, but inspection of any business suspected of being
 1123  operated without the appropriate license may not be made without
 1124  the permission of the owner or person in charge unless a warrant
 1125  is first obtained from a circuit court. Any application for a
 1126  license issued under this part, authorizing statutes, or
 1127  applicable rules constitutes permission for an appropriate
 1128  inspection to verify the information submitted on or in
 1129  connection with the application.
 1130         (a) All inspections shall be unannounced, except as
 1131  specified in s. 408.806.
 1132         (b) Inspections for relicensure shall be conducted
 1133  biennially unless otherwise specified by this section,
 1134  authorizing statutes, or applicable rules.
 1135         (c)The agency may exempt a low-risk provider from
 1136  licensure inspection if the provider or controlling interest has
 1137  an excellent regulatory history with regard to deficiencies,
 1138  sanctions, complaints, and other regulatory actions, as defined
 1139  by rule. The agency shall continue to conduct unannounced
 1140  licensure inspections for at least 10 percent of exempt low-risk
 1141  providers to verify compliance.
 1142         (d)The agency may adopt rules to waive a routine
 1143  inspection, including inspection for relicensure, or allow for
 1144  an extended period between relicensure inspections for specific
 1145  providers based upon:
 1146         1.A favorable regulatory history with regard to
 1147  deficiencies, sanctions, complaints, and other regulatory
 1148  measures.
 1149         2.Outcome measures that demonstrate quality performance.
 1150         3.Successful participation in a recognized quality
 1151  assurance program.
 1152         4.Accreditation status.
 1153         5.Other measures reflective of quality and safety.
 1154         6.The length of time between inspections.
 1155  
 1156  The agency shall continue to conduct unannounced licensure
 1157  inspections for at least 10 percent of providers that qualify
 1158  for a waiver or extended period between relicensure inspections.
 1159         (e)The agency maintains the authority to conduct an
 1160  inspection of any provider at any time to determine regulatory
 1161  compliance.
 1162         Section 28. Subsection (24) of section 408.820, Florida
 1163  Statutes, is amended to read:
 1164         408.820 Exemptions.—Except as prescribed in authorizing
 1165  statutes, the following exemptions shall apply to specified
 1166  requirements of this part:
 1167         (24)Multiphasic health testing centers, as provided under
 1168  part I of chapter 483, are exempt from s. 408.810(5)-(10).
 1169         Section 29. Subsections (1) and (2) of section 408.821,
 1170  Florida Statutes, are amended to read:
 1171         408.821 Emergency management planning; emergency
 1172  operations; inactive license.—
 1173         (1) A licensee required by authorizing statutes and agency
 1174  rule to have a comprehensive an emergency management operations
 1175  plan must designate a safety liaison to serve as the primary
 1176  contact for emergency operations. Such licensee shall submit its
 1177  comprehensive emergency management plan to the local emergency
 1178  management agency, county health department, or Department of
 1179  Health as follows:
 1180         (a)Submit the plan within 30 days after initial licensure
 1181  and change of ownership, and notify the agency within 30 days
 1182  after submission of the plan.
 1183         (b)Submit the plan annually and within 30 days after any
 1184  significant modification, as defined by agency rule, to a
 1185  previously approved plan.
 1186         (c)Respond with necessary plan revisions within 30 days
 1187  after notification that plan revisions are required.
 1188         (d)Notify the agency within 30 days after approval of its
 1189  plan by the local emergency management agency, county health
 1190  department, or Department of Health.
 1191         (2) An entity subject to this part may temporarily exceed
 1192  its licensed capacity to act as a receiving provider in
 1193  accordance with an approved comprehensive emergency management
 1194  operations plan for up to 15 days. While in an overcapacity
 1195  status, each provider must furnish or arrange for appropriate
 1196  care and services to all clients. In addition, the agency may
 1197  approve requests for overcapacity in excess of 15 days, which
 1198  approvals may be based upon satisfactory justification and need
 1199  as provided by the receiving and sending providers.
 1200         Section 30. Subsection (3) of section 408.831, Florida
 1201  Statutes, is amended to read:
 1202         408.831 Denial, suspension, or revocation of a license,
 1203  registration, certificate, or application.—
 1204         (3) This section provides standards of enforcement
 1205  applicable to all entities licensed or regulated by the Agency
 1206  for Health Care Administration. This section controls over any
 1207  conflicting provisions of chapters 39, 383, 390, 391, 394, 395,
 1208  400, 408, 429, 468, 483, and 765 or rules adopted pursuant to
 1209  those chapters.
 1210         Section 31. Section 408.832, Florida Statutes, is amended
 1211  to read:
 1212         408.832 Conflicts.—In case of conflict between the
 1213  provisions of this part and the authorizing statutes governing
 1214  the licensure of health care providers by the Agency for Health
 1215  Care Administration found in s. 112.0455 and chapters 383, 390,
 1216  394, 395, 400, 429, 440, 483, and 765, the provisions of this
 1217  part shall prevail.
 1218         Section 32. Subsection (9) of section 408.909, Florida
 1219  Statutes, is amended to read:
 1220         408.909 Health flex plans.—
 1221         (9)PROGRAM EVALUATION.—The agency and the office shall
 1222  evaluate the pilot program and its effect on the entities that
 1223  seek approval as health flex plans, on the number of enrollees,
 1224  and on the scope of the health care coverage offered under a
 1225  health flex plan; shall provide an assessment of the health flex
 1226  plans and their potential applicability in other settings; shall
 1227  use health flex plans to gather more information to evaluate
 1228  low-income consumer driven benefit packages; and shall, by
 1229  January 15, 2016, and annually thereafter, jointly submit a
 1230  report to the Governor, the President of the Senate, and the
 1231  Speaker of the House of Representatives.
 1232         Section 33. Paragraph (d) of subsection (10) of section
 1233  408.9091, Florida Statutes, is amended to read:
 1234         408.9091 Cover Florida Health Care Access Program.—
 1235         (10) PROGRAM EVALUATION.—The agency and the office shall:
 1236         (d)Jointly submit by March 1, annually, a report to the
 1237  Governor, the President of the Senate, and the Speaker of the
 1238  House of Representatives which provides the information
 1239  specified in paragraphs (a)-(c) and recommendations relating to
 1240  the successful implementation and administration of the program.
 1241         Section 34. Effective upon becoming a law, paragraph (a) of
 1242  subsection (5) of section 409.905, Florida Statutes, is amended
 1243  to read:
 1244         409.905 Mandatory Medicaid services.—The agency may make
 1245  payments for the following services, which are required of the
 1246  state by Title XIX of the Social Security Act, furnished by
 1247  Medicaid providers to recipients who are determined to be
 1248  eligible on the dates on which the services were provided. Any
 1249  service under this section shall be provided only when medically
 1250  necessary and in accordance with state and federal law.
 1251  Mandatory services rendered by providers in mobile units to
 1252  Medicaid recipients may be restricted by the agency. Nothing in
 1253  this section shall be construed to prevent or limit the agency
 1254  from adjusting fees, reimbursement rates, lengths of stay,
 1255  number of visits, number of services, or any other adjustments
 1256  necessary to comply with the availability of moneys and any
 1257  limitations or directions provided for in the General
 1258  Appropriations Act or chapter 216.
 1259         (5) HOSPITAL INPATIENT SERVICES.—The agency shall pay for
 1260  all covered services provided for the medical care and treatment
 1261  of a recipient who is admitted as an inpatient by a licensed
 1262  physician or dentist to a hospital licensed under part I of
 1263  chapter 395. However, the agency shall limit the payment for
 1264  inpatient hospital services for a Medicaid recipient 21 years of
 1265  age or older to 45 days or the number of days necessary to
 1266  comply with the General Appropriations Act.
 1267         (a)1. The agency may implement reimbursement and
 1268  utilization management reforms in order to comply with any
 1269  limitations or directions in the General Appropriations Act,
 1270  which may include, but are not limited to: prior authorization
 1271  for inpatient psychiatric days; prior authorization for
 1272  nonemergency hospital inpatient admissions for individuals 21
 1273  years of age and older; authorization of emergency and urgent
 1274  care admissions within 24 hours after admission; enhanced
 1275  utilization and concurrent review programs for highly utilized
 1276  services; reduction or elimination of covered days of service;
 1277  adjusting reimbursement ceilings for variable costs; adjusting
 1278  reimbursement ceilings for fixed and property costs; and
 1279  implementing target rates of increase.
 1280         2. The agency may limit prior authorization for hospital
 1281  inpatient services to selected diagnosis-related groups, based
 1282  on an analysis of the cost and potential for unnecessary
 1283  hospitalizations represented by certain diagnoses. Admissions
 1284  for normal delivery and newborns are exempt from requirements
 1285  for prior authorization.
 1286         3. In implementing the provisions of this section related
 1287  to prior authorization, the agency shall ensure that the process
 1288  for authorization is accessible 24 hours per day, 7 days per
 1289  week and authorization is automatically granted when not denied
 1290  within 4 hours after the request. Authorization procedures must
 1291  include steps for review of denials.
 1292         4. Upon implementing the prior authorization program for
 1293  hospital inpatient services, the agency shall discontinue its
 1294  hospital retrospective review program. However, this
 1295  subparagraph may not be construed to prevent the agency from
 1296  conducting retrospective reviews under s. 409.913.
 1297         Section 35. It is the intent of the Legislature that
 1298  section 409.905(5)(a), Florida Statutes, as amended by this act,
 1299  confirms and clarifies existing law.
 1300         Section 36. Subsection (8) of section 409.907, Florida
 1301  Statutes, is amended to read:
 1302         409.907 Medicaid provider agreements.—The agency may make
 1303  payments for medical assistance and related services rendered to
 1304  Medicaid recipients only to an individual or entity who has a
 1305  provider agreement in effect with the agency, who is performing
 1306  services or supplying goods in accordance with federal, state,
 1307  and local law, and who agrees that no person shall, on the
 1308  grounds of handicap, race, color, or national origin, or for any
 1309  other reason, be subjected to discrimination under any program
 1310  or activity for which the provider receives payment from the
 1311  agency.
 1312         (8)(a)A level 2 background screening pursuant to chapter
 1313  435 must be conducted through the agency on each of the
 1314  following:
 1315         1.The Each provider, or each principal of the provider if
 1316  the provider is a corporation, partnership, association, or
 1317  other entity, seeking to participate in the Medicaid program
 1318  must submit a complete set of his or her fingerprints to the
 1319  agency for the purpose of conducting a criminal history record
 1320  check.
 1321         2. Principals of the provider, who include any officer,
 1322  director, billing agent, managing employee, or affiliated
 1323  person, or any partner or shareholder who has an ownership
 1324  interest equal to 5 percent or more in the provider. However,
 1325  for a hospital licensed under chapter 395 or a nursing home
 1326  licensed under chapter 400, principals of the provider are those
 1327  who meet the definition of a controlling interest under s.
 1328  408.803. A director of a not-for-profit corporation or
 1329  organization is not a principal for purposes of a background
 1330  investigation required by this section if the director: serves
 1331  solely in a voluntary capacity for the corporation or
 1332  organization, does not regularly take part in the day-to-day
 1333  operational decisions of the corporation or organization,
 1334  receives no remuneration from the not-for-profit corporation or
 1335  organization for his or her service on the board of directors,
 1336  has no financial interest in the not-for-profit corporation or
 1337  organization, and has no family members with a financial
 1338  interest in the not-for-profit corporation or organization; and
 1339  if the director submits an affidavit, under penalty of perjury,
 1340  to this effect to the agency and the not-for-profit corporation
 1341  or organization submits an affidavit, under penalty of perjury,
 1342  to this effect to the agency as part of the corporation’s or
 1343  organization’s Medicaid provider agreement application.
 1344         3.Any person who participates or seeks to participate in
 1345  the Florida Medicaid program by way of rendering services to
 1346  Medicaid recipients or having direct access to Medicaid
 1347  recipients, recipient living areas, or the financial, medical,
 1348  or service records of a Medicaid recipient or who supervises the
 1349  delivery of goods or services to a Medicaid recipient. This
 1350  subparagraph does not impose additional screening requirements
 1351  on any providers licensed under part II of chapter 408.
 1352         (b) Notwithstanding paragraph (a) the above, the agency may
 1353  require a background check for any person reasonably suspected
 1354  by the agency to have been convicted of a crime.
 1355         (c)(a)Paragraph (a) This subsection does not apply to:
 1356         1. A unit of local government, except that requirements of
 1357  this subsection apply to nongovernmental providers and entities
 1358  contracting with the local government to provide Medicaid
 1359  services. The actual cost of the state and national criminal
 1360  history record checks must be borne by the nongovernmental
 1361  provider or entity; or
 1362         2. Any business that derives more than 50 percent of its
 1363  revenue from the sale of goods to the final consumer, and the
 1364  business or its controlling parent is required to file a form
 1365  10-K or other similar statement with the Securities and Exchange
 1366  Commission or has a net worth of $50 million or more.
 1367         (d)(b) Background screening shall be conducted in
 1368  accordance with chapter 435 and s. 408.809. The cost of the
 1369  state and national criminal record check shall be borne by the
 1370  provider.
 1371         Section 37. Section 409.913, Florida Statutes, is amended
 1372  to read:
 1373         409.913 Oversight of the integrity of the Medicaid
 1374  program.—The agency shall operate a program to oversee the
 1375  activities of Florida Medicaid recipients, and providers and
 1376  their representatives, to ensure that fraudulent and abusive
 1377  behavior and neglect of recipients occur to the minimum extent
 1378  possible, and to recover overpayments and impose sanctions as
 1379  appropriate. Each January 15 January 1, the agency and the
 1380  Medicaid Fraud Control Unit of the Department of Legal Affairs
 1381  shall submit reports a joint report to the Legislature
 1382  documenting the effectiveness of the state’s efforts to control
 1383  Medicaid fraud and abuse and to recover Medicaid overpayments
 1384  during the previous fiscal year. The report must describe the
 1385  number of cases opened and investigated each year; the sources
 1386  of the cases opened; the disposition of the cases closed each
 1387  year; the amount of overpayments alleged in preliminary and
 1388  final audit letters; the number and amount of fines or penalties
 1389  imposed; any reductions in overpayment amounts negotiated in
 1390  settlement agreements or by other means; the amount of final
 1391  agency determinations of overpayments; the amount deducted from
 1392  federal claiming as a result of overpayments; the amount of
 1393  overpayments recovered each year; the amount of cost of
 1394  investigation recovered each year; the average length of time to
 1395  collect from the time the case was opened until the overpayment
 1396  is paid in full; the amount determined as uncollectible and the
 1397  portion of the uncollectible amount subsequently reclaimed from
 1398  the Federal Government; the number of providers, by type, that
 1399  are terminated from participation in the Medicaid program as a
 1400  result of fraud and abuse; and all costs associated with
 1401  discovering and prosecuting cases of Medicaid overpayments and
 1402  making recoveries in such cases. The report must also document
 1403  actions taken to prevent overpayments and the number of
 1404  providers prevented from enrolling in or reenrolling in the
 1405  Medicaid program as a result of documented Medicaid fraud and
 1406  abuse and must include policy recommendations necessary to
 1407  prevent or recover overpayments and changes necessary to prevent
 1408  and detect Medicaid fraud. All policy recommendations in the
 1409  report must include a detailed fiscal analysis, including, but
 1410  not limited to, implementation costs, estimated savings to the
 1411  Medicaid program, and the return on investment. The agency must
 1412  submit the policy recommendations and fiscal analyses in the
 1413  report to the appropriate estimating conference, pursuant to s.
 1414  216.137, by February 15 of each year. The agency and the
 1415  Medicaid Fraud Control Unit of the Department of Legal Affairs
 1416  each must include detailed unit-specific performance standards,
 1417  benchmarks, and metrics in the report, including projected cost
 1418  savings to the state Medicaid program during the following
 1419  fiscal year.
 1420         (1) For the purposes of this section, the term:
 1421         (a) “Abuse” means:
 1422         1. Provider practices that are inconsistent with generally
 1423  accepted business or medical practices and that result in an
 1424  unnecessary cost to the Medicaid program or in reimbursement for
 1425  goods or services that are not medically necessary or that fail
 1426  to meet professionally recognized standards for health care.
 1427         2. Recipient practices that result in unnecessary cost to
 1428  the Medicaid program.
 1429         (b) “Complaint” means an allegation that fraud, abuse, or
 1430  an overpayment has occurred.
 1431         (c) “Fraud” means an intentional deception or
 1432  misrepresentation made by a person with the knowledge that the
 1433  deception results in unauthorized benefit to herself or himself
 1434  or another person. The term includes any act that constitutes
 1435  fraud under applicable federal or state law.
 1436         (d) “Medical necessity” or “medically necessary” means any
 1437  goods or services necessary to palliate the effects of a
 1438  terminal condition, or to prevent, diagnose, correct, cure,
 1439  alleviate, or preclude deterioration of a condition that
 1440  threatens life, causes pain or suffering, or results in illness
 1441  or infirmity, which goods or services are provided in accordance
 1442  with generally accepted standards of medical practice. For
 1443  purposes of determining Medicaid reimbursement, the agency is
 1444  the final arbiter of medical necessity. Determinations of
 1445  medical necessity must be made by a licensed physician employed
 1446  by or under contract with the agency and must be based upon
 1447  information available at the time the goods or services are
 1448  provided.
 1449         (e) “Overpayment” includes any amount that is not
 1450  authorized to be paid by the Medicaid program whether paid as a
 1451  result of inaccurate or improper cost reporting, improper
 1452  claiming, unacceptable practices, fraud, abuse, or mistake.
 1453         (f) “Person” means any natural person, corporation,
 1454  partnership, association, clinic, group, or other entity,
 1455  whether or not such person is enrolled in the Medicaid program
 1456  or is a provider of health care.
 1457         (2) The agency shall conduct, or cause to be conducted by
 1458  contract or otherwise, reviews, investigations, analyses,
 1459  audits, or any combination thereof, to determine possible fraud,
 1460  abuse, overpayment, or recipient neglect in the Medicaid program
 1461  and shall report the findings of any overpayments in audit
 1462  reports as appropriate. At least 5 percent of all audits shall
 1463  be conducted on a random basis. As part of its ongoing fraud
 1464  detection activities, the agency shall identify and monitor, by
 1465  contract or otherwise, patterns of overutilization of Medicaid
 1466  services based on state averages. The agency shall track
 1467  Medicaid provider prescription and billing patterns and evaluate
 1468  them against Medicaid medical necessity criteria and coverage
 1469  and limitation guidelines adopted by rule. Medical necessity
 1470  determination requires that service be consistent with symptoms
 1471  or confirmed diagnosis of illness or injury under treatment and
 1472  not in excess of the patient’s needs. The agency shall conduct
 1473  reviews of provider exceptions to peer group norms and shall,
 1474  using statistical methodologies, provider profiling, and
 1475  analysis of billing patterns, detect and investigate abnormal or
 1476  unusual increases in billing or payment of claims for Medicaid
 1477  services and medically unnecessary provision of services.
 1478         (3) The agency may conduct, or may contract for, prepayment
 1479  review of provider claims to ensure cost-effective purchasing;
 1480  to ensure that billing by a provider to the agency is in
 1481  accordance with applicable provisions of all Medicaid rules,
 1482  regulations, handbooks, and policies and in accordance with
 1483  federal, state, and local law; and to ensure that appropriate
 1484  care is rendered to Medicaid recipients. Such prepayment reviews
 1485  may be conducted as determined appropriate by the agency,
 1486  without any suspicion or allegation of fraud, abuse, or neglect,
 1487  and may last for up to 1 year. Unless the agency has reliable
 1488  evidence of fraud, misrepresentation, abuse, or neglect, claims
 1489  shall be adjudicated for denial or payment within 90 days after
 1490  receipt of complete documentation by the agency for review. If
 1491  there is reliable evidence of fraud, misrepresentation, abuse,
 1492  or neglect, claims shall be adjudicated for denial of payment
 1493  within 180 days after receipt of complete documentation by the
 1494  agency for review.
 1495         (4) Any suspected criminal violation identified by the
 1496  agency must be referred to the Medicaid Fraud Control Unit of
 1497  the Office of the Attorney General for investigation. The agency
 1498  and the Attorney General shall enter into a memorandum of
 1499  understanding, which must include, but need not be limited to, a
 1500  protocol for regularly sharing information and coordinating
 1501  casework. The protocol must establish a procedure for the
 1502  referral by the agency of cases involving suspected Medicaid
 1503  fraud to the Medicaid Fraud Control Unit for investigation, and
 1504  the return to the agency of those cases where investigation
 1505  determines that administrative action by the agency is
 1506  appropriate. Offices of the Medicaid program integrity program
 1507  and the Medicaid Fraud Control Unit of the Department of Legal
 1508  Affairs, shall, to the extent possible, be collocated. The
 1509  agency and the Department of Legal Affairs shall periodically
 1510  conduct joint training and other joint activities designed to
 1511  increase communication and coordination in recovering
 1512  overpayments.
 1513         (5) A Medicaid provider is subject to having goods and
 1514  services that are paid for by the Medicaid program reviewed by
 1515  an appropriate peer-review organization designated by the
 1516  agency. The written findings of the applicable peer-review
 1517  organization are admissible in any court or administrative
 1518  proceeding as evidence of medical necessity or the lack thereof.
 1519         (6) Any notice required to be given to a provider under
 1520  this section is presumed to be sufficient notice if sent to the
 1521  address last shown on the provider enrollment file. It is the
 1522  responsibility of the provider to furnish and keep the agency
 1523  informed of the provider’s current address. United States Postal
 1524  Service proof of mailing or certified or registered mailing of
 1525  such notice to the provider at the address shown on the provider
 1526  enrollment file constitutes sufficient proof of notice. Any
 1527  notice required to be given to the agency by this section must
 1528  be sent to the agency at an address designated by rule.
 1529         (7) When presenting a claim for payment under the Medicaid
 1530  program, a provider has an affirmative duty to supervise the
 1531  provision of, and be responsible for, goods and services claimed
 1532  to have been provided, to supervise and be responsible for
 1533  preparation and submission of the claim, and to present a claim
 1534  that is true and accurate and that is for goods and services
 1535  that:
 1536         (a) Have actually been furnished to the recipient by the
 1537  provider prior to submitting the claim.
 1538         (b) Are Medicaid-covered goods or services that are
 1539  medically necessary.
 1540         (c) Are of a quality comparable to those furnished to the
 1541  general public by the provider’s peers.
 1542         (d) Have not been billed in whole or in part to a recipient
 1543  or a recipient’s responsible party, except for such copayments,
 1544  coinsurance, or deductibles as are authorized by the agency.
 1545         (e) Are provided in accord with applicable provisions of
 1546  all Medicaid rules, regulations, handbooks, and policies and in
 1547  accordance with federal, state, and local law.
 1548         (f) Are documented by records made at the time the goods or
 1549  services were provided, demonstrating the medical necessity for
 1550  the goods or services rendered. Medicaid goods or services are
 1551  excessive or not medically necessary unless both the medical
 1552  basis and the specific need for them are fully and properly
 1553  documented in the recipient’s medical record.
 1554  
 1555  The agency shall deny payment or require repayment for goods or
 1556  services that are not presented as required in this subsection.
 1557         (8) The agency shall not reimburse any person or entity for
 1558  any prescription for medications, medical supplies, or medical
 1559  services if the prescription was written by a physician or other
 1560  prescribing practitioner who is not enrolled in the Medicaid
 1561  program. This section does not apply:
 1562         (a) In instances involving bona fide emergency medical
 1563  conditions as determined by the agency;
 1564         (b) To a provider of medical services to a patient in a
 1565  hospital emergency department, hospital inpatient or outpatient
 1566  setting, or nursing home;
 1567         (c) To bona fide pro bono services by preapproved non
 1568  Medicaid providers as determined by the agency;
 1569         (d) To prescribing physicians who are board-certified
 1570  specialists treating Medicaid recipients referred for treatment
 1571  by a treating physician who is enrolled in the Medicaid program;
 1572         (e) To prescriptions written for dually eligible Medicare
 1573  beneficiaries by an authorized Medicare provider who is not
 1574  enrolled in the Medicaid program;
 1575         (f) To other physicians who are not enrolled in the
 1576  Medicaid program but who provide a medically necessary service
 1577  or prescription not otherwise reasonably available from a
 1578  Medicaid-enrolled physician; or
 1579         (9) A Medicaid provider shall retain medical, professional,
 1580  financial, and business records pertaining to services and goods
 1581  furnished to a Medicaid recipient and billed to Medicaid for a
 1582  period of 5 years after the date of furnishing such services or
 1583  goods. The agency may investigate, review, or analyze such
 1584  records, which must be made available during normal business
 1585  hours. However, 24-hour notice must be provided if patient
 1586  treatment would be disrupted. The provider must keep the agency
 1587  informed of the location of the provider’s Medicaid-related
 1588  records. The authority of the agency to obtain Medicaid-related
 1589  records from a provider is neither curtailed nor limited during
 1590  a period of litigation between the agency and the provider.
 1591         (10) Payments for the services of billing agents or persons
 1592  participating in the preparation of a Medicaid claim shall not
 1593  be based on amounts for which they bill nor based on the amount
 1594  a provider receives from the Medicaid program.
 1595         (11) The agency shall deny payment or require repayment for
 1596  inappropriate, medically unnecessary, or excessive goods or
 1597  services from the person furnishing them, the person under whose
 1598  supervision they were furnished, or the person causing them to
 1599  be furnished.
 1600         (12) The complaint and all information obtained pursuant to
 1601  an investigation of a Medicaid provider, or the authorized
 1602  representative or agent of a provider, relating to an allegation
 1603  of fraud, abuse, or neglect are confidential and exempt from the
 1604  provisions of s. 119.07(1):
 1605         (a) Until the agency takes final agency action with respect
 1606  to the provider and requires repayment of any overpayment, or
 1607  imposes an administrative sanction;
 1608         (b) Until the Attorney General refers the case for criminal
 1609  prosecution;
 1610         (c) Until 10 days after the complaint is determined without
 1611  merit; or
 1612         (d) At all times if the complaint or information is
 1613  otherwise protected by law.
 1614         (13) The agency shall terminate participation of a Medicaid
 1615  provider in the Medicaid program and may seek civil remedies or
 1616  impose other administrative sanctions against a Medicaid
 1617  provider, if the provider or any principal, officer, director,
 1618  agent, managing employee, or affiliated person of the provider,
 1619  or any partner or shareholder having an ownership interest in
 1620  the provider equal to 5 percent or greater, has been convicted
 1621  of a criminal offense under federal law or the law of any state
 1622  relating to the practice of the provider’s profession, or a
 1623  criminal offense listed under s. 408.809(4), s. 409.907(10), or
 1624  s. 435.04(2). If the agency determines that the provider did not
 1625  participate or acquiesce in the offense, termination will not be
 1626  imposed. If the agency effects a termination under this
 1627  subsection, the agency shall take final agency action.
 1628         (14) If the provider has been suspended or terminated from
 1629  participation in the Medicaid program or the Medicare program by
 1630  the Federal Government or any state, the agency must immediately
 1631  suspend or terminate, as appropriate, the provider’s
 1632  participation in this state’s Medicaid program for a period no
 1633  less than that imposed by the Federal Government or any other
 1634  state, and may not enroll such provider in this state’s Medicaid
 1635  program while such foreign suspension or termination remains in
 1636  effect. The agency shall also immediately suspend or terminate,
 1637  as appropriate, a provider’s participation in this state’s
 1638  Medicaid program if the provider participated or acquiesced in
 1639  any action for which any principal, officer, director, agent,
 1640  managing employee, or affiliated person of the provider, or any
 1641  partner or shareholder having an ownership interest in the
 1642  provider equal to 5 percent or greater, was suspended or
 1643  terminated from participating in the Medicaid program or the
 1644  Medicare program by the Federal Government or any state. This
 1645  sanction is in addition to all other remedies provided by law.
 1646         (15) The agency shall seek a remedy provided by law,
 1647  including, but not limited to, any remedy provided in
 1648  subsections (13) and (16) and s. 812.035, if:
 1649         (a) The provider’s license has not been renewed, or has
 1650  been revoked, suspended, or terminated, for cause, by the
 1651  licensing agency of any state;
 1652         (b) The provider has failed to make available or has
 1653  refused access to Medicaid-related records to an auditor,
 1654  investigator, or other authorized employee or agent of the
 1655  agency, the Attorney General, a state attorney, or the Federal
 1656  Government;
 1657         (c) The provider has not furnished or has failed to make
 1658  available such Medicaid-related records as the agency has found
 1659  necessary to determine whether Medicaid payments are or were due
 1660  and the amounts thereof;
 1661         (d) The provider has failed to maintain medical records
 1662  made at the time of service, or prior to service if prior
 1663  authorization is required, demonstrating the necessity and
 1664  appropriateness of the goods or services rendered;
 1665         (e) The provider is not in compliance with provisions of
 1666  Medicaid provider publications that have been adopted by
 1667  reference as rules in the Florida Administrative Code; with
 1668  provisions of state or federal laws, rules, or regulations; with
 1669  provisions of the provider agreement between the agency and the
 1670  provider; or with certifications found on claim forms or on
 1671  transmittal forms for electronically submitted claims that are
 1672  submitted by the provider or authorized representative, as such
 1673  provisions apply to the Medicaid program;
 1674         (f) The provider or person who ordered, authorized, or
 1675  prescribed the care, services, or supplies has furnished, or
 1676  ordered or authorized the furnishing of, goods or services to a
 1677  recipient which are inappropriate, unnecessary, excessive, or
 1678  harmful to the recipient or are of inferior quality;
 1679         (g) The provider has demonstrated a pattern of failure to
 1680  provide goods or services that are medically necessary;
 1681         (h) The provider or an authorized representative of the
 1682  provider, or a person who ordered, authorized, or prescribed the
 1683  goods or services, has submitted or caused to be submitted false
 1684  or a pattern of erroneous Medicaid claims;
 1685         (i) The provider or an authorized representative of the
 1686  provider, or a person who has ordered, authorized, or prescribed
 1687  the goods or services, has submitted or caused to be submitted a
 1688  Medicaid provider enrollment application, a request for prior
 1689  authorization for Medicaid services, a drug exception request,
 1690  or a Medicaid cost report that contains materially false or
 1691  incorrect information;
 1692         (j) The provider or an authorized representative of the
 1693  provider has collected from or billed a recipient or a
 1694  recipient’s responsible party improperly for amounts that should
 1695  not have been so collected or billed by reason of the provider’s
 1696  billing the Medicaid program for the same service;
 1697         (k) The provider or an authorized representative of the
 1698  provider has included in a cost report costs that are not
 1699  allowable under a Florida Title XIX reimbursement plan after the
 1700  provider or authorized representative had been advised in an
 1701  audit exit conference or audit report that the costs were not
 1702  allowable;
 1703         (l) The provider is charged by information or indictment
 1704  with fraudulent billing practices or an offense referenced in
 1705  subsection (13). The sanction applied for this reason is limited
 1706  to suspension of the provider’s participation in the Medicaid
 1707  program for the duration of the indictment unless the provider
 1708  is found guilty pursuant to the information or indictment;
 1709         (m) The provider or a person who ordered, authorized, or
 1710  prescribed the goods or services is found liable for negligent
 1711  practice resulting in death or injury to the provider’s patient;
 1712         (n) The provider fails to demonstrate that it had available
 1713  during a specific audit or review period sufficient quantities
 1714  of goods, or sufficient time in the case of services, to support
 1715  the provider’s billings to the Medicaid program;
 1716         (o) The provider has failed to comply with the notice and
 1717  reporting requirements of s. 409.907;
 1718         (p) The agency has received reliable information of patient
 1719  abuse or neglect or of any act prohibited by s. 409.920; or
 1720         (q) The provider has failed to comply with an agreed-upon
 1721  repayment schedule.
 1722  
 1723  A provider is subject to sanctions for violations of this
 1724  subsection as the result of actions or inactions of the
 1725  provider, or actions or inactions of any principal, officer,
 1726  director, agent, managing employee, or affiliated person of the
 1727  provider, or any partner or shareholder having an ownership
 1728  interest in the provider equal to 5 percent or greater, in which
 1729  the provider participated or acquiesced.
 1730         (16) The agency shall impose any of the following sanctions
 1731  or disincentives on a provider or a person for any of the acts
 1732  described in subsection (15):
 1733         (a) Suspension for a specific period of time of not more
 1734  than 1 year. Suspension precludes participation in the Medicaid
 1735  program, which includes any action that results in a claim for
 1736  payment to the Medicaid program for furnishing, supervising a
 1737  person who is furnishing, or causing a person to furnish goods
 1738  or services.
 1739         (b) Termination for a specific period of time ranging from
 1740  more than 1 year to 20 years. Termination precludes
 1741  participation in the Medicaid program, which includes any action
 1742  that results in a claim for payment to the Medicaid program for
 1743  furnishing, supervising a person who is furnishing, or causing a
 1744  person to furnish goods or services.
 1745         (c) Imposition of a fine of up to $5,000 for each
 1746  violation. Each day that an ongoing violation continues, such as
 1747  refusing to furnish Medicaid-related records or refusing access
 1748  to records, is considered a separate violation. Each instance of
 1749  improper billing of a Medicaid recipient; each instance of
 1750  including an unallowable cost on a hospital or nursing home
 1751  Medicaid cost report after the provider or authorized
 1752  representative has been advised in an audit exit conference or
 1753  previous audit report of the cost unallowability; each instance
 1754  of furnishing a Medicaid recipient goods or professional
 1755  services that are inappropriate or of inferior quality as
 1756  determined by competent peer judgment; each instance of
 1757  knowingly submitting a materially false or erroneous Medicaid
 1758  provider enrollment application, request for prior authorization
 1759  for Medicaid services, drug exception request, or cost report;
 1760  each instance of inappropriate prescribing of drugs for a
 1761  Medicaid recipient as determined by competent peer judgment; and
 1762  each false or erroneous Medicaid claim leading to an overpayment
 1763  to a provider is considered a separate violation.
 1764         (d) Immediate suspension, if the agency has received
 1765  information of patient abuse or neglect or of any act prohibited
 1766  by s. 409.920. Upon suspension, the agency must issue an
 1767  immediate final order under s. 120.569(2)(n).
 1768         (e) A fine, not to exceed $10,000, for a violation of
 1769  paragraph (15)(i).
 1770         (f) Imposition of liens against provider assets, including,
 1771  but not limited to, financial assets and real property, not to
 1772  exceed the amount of fines or recoveries sought, upon entry of
 1773  an order determining that such moneys are due or recoverable.
 1774         (g) Prepayment reviews of claims for a specified period of
 1775  time.
 1776         (h) Comprehensive followup reviews of providers every 6
 1777  months to ensure that they are billing Medicaid correctly.
 1778         (i) Corrective-action plans that remain in effect for up to
 1779  3 years and that are monitored by the agency every 6 months
 1780  while in effect.
 1781         (j) Other remedies as permitted by law to effect the
 1782  recovery of a fine or overpayment.
 1783  
 1784  If a provider voluntarily relinquishes its Medicaid provider
 1785  number or an associated license, or allows the associated
 1786  licensure to expire after receiving written notice that the
 1787  agency is conducting, or has conducted, an audit, survey,
 1788  inspection, or investigation and that a sanction of suspension
 1789  or termination will or would be imposed for noncompliance
 1790  discovered as a result of the audit, survey, inspection, or
 1791  investigation, the agency shall impose the sanction of
 1792  termination for cause against the provider. The agency’s
 1793  termination with cause is subject to hearing rights as may be
 1794  provided under chapter 120. The Secretary of Health Care
 1795  Administration may make a determination that imposition of a
 1796  sanction or disincentive is not in the best interest of the
 1797  Medicaid program, in which case a sanction or disincentive may
 1798  not be imposed.
 1799         (17) In determining the appropriate administrative sanction
 1800  to be applied, or the duration of any suspension or termination,
 1801  the agency shall consider:
 1802         (a) The seriousness and extent of the violation or
 1803  violations.
 1804         (b) Any prior history of violations by the provider
 1805  relating to the delivery of health care programs which resulted
 1806  in either a criminal conviction or in administrative sanction or
 1807  penalty.
 1808         (c) Evidence of continued violation within the provider’s
 1809  management control of Medicaid statutes, rules, regulations, or
 1810  policies after written notification to the provider of improper
 1811  practice or instance of violation.
 1812         (d) The effect, if any, on the quality of medical care
 1813  provided to Medicaid recipients as a result of the acts of the
 1814  provider.
 1815         (e) Any action by a licensing agency respecting the
 1816  provider in any state in which the provider operates or has
 1817  operated.
 1818         (f) The apparent impact on access by recipients to Medicaid
 1819  services if the provider is suspended or terminated, in the best
 1820  judgment of the agency.
 1821  
 1822  The agency shall document the basis for all sanctioning actions
 1823  and recommendations.
 1824         (18) The agency may take action to sanction, suspend, or
 1825  terminate a particular provider working for a group provider,
 1826  and may suspend or terminate Medicaid participation at a
 1827  specific location, rather than or in addition to taking action
 1828  against an entire group.
 1829         (19) The agency shall establish a process for conducting
 1830  followup reviews of a sampling of providers who have a history
 1831  of overpayment under the Medicaid program. This process must
 1832  consider the magnitude of previous fraud or abuse and the
 1833  potential effect of continued fraud or abuse on Medicaid costs.
 1834         (20) In making a determination of overpayment to a
 1835  provider, the agency must use accepted and valid auditing,
 1836  accounting, analytical, statistical, or peer-review methods, or
 1837  combinations thereof. Appropriate statistical methods may
 1838  include, but are not limited to, sampling and extension to the
 1839  population, parametric and nonparametric statistics, tests of
 1840  hypotheses, and other generally accepted statistical methods.
 1841  Appropriate analytical methods may include, but are not limited
 1842  to, reviews to determine variances between the quantities of
 1843  products that a provider had on hand and available to be
 1844  purveyed to Medicaid recipients during the review period and the
 1845  quantities of the same products paid for by the Medicaid program
 1846  for the same period, taking into appropriate consideration sales
 1847  of the same products to non-Medicaid customers during the same
 1848  period. In meeting its burden of proof in any administrative or
 1849  court proceeding, the agency may introduce the results of such
 1850  statistical methods as evidence of overpayment.
 1851         (21) When making a determination that an overpayment has
 1852  occurred, the agency shall prepare and issue an audit report to
 1853  the provider showing the calculation of overpayments. The
 1854  agency’s determination must be based solely upon information
 1855  available to it before issuance of the audit report and, in the
 1856  case of documentation obtained to substantiate claims for
 1857  Medicaid reimbursement, based solely upon contemporaneous
 1858  records. The agency may consider addenda or modifications to a
 1859  note that was made contemporaneously with the patient care
 1860  episode if the addenda or modifications are germane to the note.
 1861         (22) The audit report, supported by agency work papers,
 1862  showing an overpayment to a provider constitutes evidence of the
 1863  overpayment. A provider may not present or elicit testimony on
 1864  direct examination or cross-examination in any court or
 1865  administrative proceeding, regarding the purchase or acquisition
 1866  by any means of drugs, goods, or supplies; sales or divestment
 1867  by any means of drugs, goods, or supplies; or inventory of
 1868  drugs, goods, or supplies, unless such acquisition, sales,
 1869  divestment, or inventory is documented by written invoices,
 1870  written inventory records, or other competent written
 1871  documentary evidence maintained in the normal course of the
 1872  provider’s business. A provider may not present records to
 1873  contest an overpayment or sanction unless such records are
 1874  contemporaneous and, if requested during the audit process, were
 1875  furnished to the agency or its agent upon request. This
 1876  limitation does not apply to Medicaid cost report audits. This
 1877  limitation does not preclude consideration by the agency of
 1878  addenda or modifications to a note if the addenda or
 1879  modifications are made before notification of the audit, the
 1880  addenda or modifications are germane to the note, and the note
 1881  was made contemporaneously with a patient care episode.
 1882  Notwithstanding the applicable rules of discovery, all
 1883  documentation to be offered as evidence at an administrative
 1884  hearing on a Medicaid overpayment or an administrative sanction
 1885  must be exchanged by all parties at least 14 days before the
 1886  administrative hearing or be excluded from consideration.
 1887         (23)(a) In an audit, or investigation, or enforcement
 1888  action taken for of a violation committed by a provider which is
 1889  conducted pursuant to this section, the agency is entitled to
 1890  recover all investigative and, legal costs incurred as a result
 1891  of such audit, investigation, or enforcement action. The costs
 1892  associated with an investigation, audit, or enforcement action
 1893  may include, but are not limited to, salaries and benefits of
 1894  personnel, costs related to the time spent by an attorney and
 1895  other personnel working on the case, and any other expenses
 1896  incurred by the agency or contractor which are associated with
 1897  the case, including any, and expert witness costs and attorney
 1898  fees incurred on behalf of the agency or contractor if the
 1899  agency’s findings were not contested by the provider or, if
 1900  contested, the agency ultimately prevailed.
 1901         (b) The agency has the burden of documenting the costs,
 1902  which include salaries and employee benefits and out-of-pocket
 1903  expenses. The amount of costs that may be recovered must be
 1904  reasonable in relation to the seriousness of the violation and
 1905  must be set taking into consideration the financial resources,
 1906  earning ability, and needs of the provider, who has the burden
 1907  of demonstrating such factors.
 1908         (c) The provider may pay the costs over a period to be
 1909  determined by the agency if the agency determines that an
 1910  extreme hardship would result to the provider from immediate
 1911  full payment. Any default in payment of costs may be collected
 1912  by any means authorized by law.
 1913         (24) If the agency imposes an administrative sanction
 1914  pursuant to subsection (13), subsection (14), or subsection
 1915  (15), except paragraphs (15)(e) and (o), upon any provider or
 1916  any principal, officer, director, agent, managing employee, or
 1917  affiliated person of the provider who is regulated by another
 1918  state entity, the agency shall notify that other entity of the
 1919  imposition of the sanction within 5 business days. Such
 1920  notification must include the provider’s or person’s name and
 1921  license number and the specific reasons for sanction.
 1922         (25)(a) The agency shall withhold Medicaid payments, in
 1923  whole or in part, to a provider upon receipt of reliable
 1924  evidence that the circumstances giving rise to the need for a
 1925  withholding of payments involve fraud, willful
 1926  misrepresentation, or abuse under the Medicaid program, or a
 1927  crime committed while rendering goods or services to Medicaid
 1928  recipients. If it is determined that fraud, willful
 1929  misrepresentation, abuse, or a crime did not occur, the payments
 1930  withheld must be paid to the provider within 14 days after such
 1931  determination. Amounts not paid within 14 days accrue interest
 1932  at the rate of 10 percent per year, beginning after the 14th
 1933  day.
 1934         (b) The agency shall deny payment, or require repayment, if
 1935  the goods or services were furnished, supervised, or caused to
 1936  be furnished by a person who has been suspended or terminated
 1937  from the Medicaid program or Medicare program by the Federal
 1938  Government or any state.
 1939         (c) Overpayments owed to the agency bear interest at the
 1940  rate of 10 percent per year from the date of final determination
 1941  of the overpayment by the agency, and payment arrangements must
 1942  be made within 30 days after the date of the final order, which
 1943  is not subject to further appeal.
 1944         (d) The agency, upon entry of a final agency order, a
 1945  judgment or order of a court of competent jurisdiction, or a
 1946  stipulation or settlement, may collect the moneys owed by all
 1947  means allowable by law, including, but not limited to, notifying
 1948  any fiscal intermediary of Medicare benefits that the state has
 1949  a superior right of payment. Upon receipt of such written
 1950  notification, the Medicare fiscal intermediary shall remit to
 1951  the state the sum claimed.
 1952         (e) The agency may institute amnesty programs to allow
 1953  Medicaid providers the opportunity to voluntarily repay
 1954  overpayments. The agency may adopt rules to administer such
 1955  programs.
 1956         (26) The agency may impose administrative sanctions against
 1957  a Medicaid recipient, or the agency may seek any other remedy
 1958  provided by law, including, but not limited to, the remedies
 1959  provided in s. 812.035, if the agency finds that a recipient has
 1960  engaged in solicitation in violation of s. 409.920 or that the
 1961  recipient has otherwise abused the Medicaid program.
 1962         (27) When the Agency for Health Care Administration has
 1963  made a probable cause determination and alleged that an
 1964  overpayment to a Medicaid provider has occurred, the agency,
 1965  after notice to the provider, shall:
 1966         (a) Withhold, and continue to withhold during the pendency
 1967  of an administrative hearing pursuant to chapter 120, any
 1968  medical assistance reimbursement payments until such time as the
 1969  overpayment is recovered, unless within 30 days after receiving
 1970  notice thereof the provider:
 1971         1. Makes repayment in full; or
 1972         2. Establishes a repayment plan that is satisfactory to the
 1973  Agency for Health Care Administration.
 1974         (b) Withhold, and continue to withhold during the pendency
 1975  of an administrative hearing pursuant to chapter 120, medical
 1976  assistance reimbursement payments if the terms of a repayment
 1977  plan are not adhered to by the provider.
 1978         (28) Venue for all Medicaid program integrity cases lies in
 1979  Leon County, at the discretion of the agency.
 1980         (29) Notwithstanding other provisions of law, the agency
 1981  and the Medicaid Fraud Control Unit of the Department of Legal
 1982  Affairs may review a provider’s Medicaid-related and non
 1983  Medicaid-related records in order to determine the total output
 1984  of a provider’s practice to reconcile quantities of goods or
 1985  services billed to Medicaid with quantities of goods or services
 1986  used in the provider’s total practice.
 1987         (30) The agency shall terminate a provider’s participation
 1988  in the Medicaid program if the provider fails to reimburse an
 1989  overpayment or pay an agency-imposed fine that has been
 1990  determined by final order, not subject to further appeal, within
 1991  30 days after the date of the final order, unless the provider
 1992  and the agency have entered into a repayment agreement.
 1993         (31) If a provider requests an administrative hearing
 1994  pursuant to chapter 120, such hearing must be conducted within
 1995  90 days following assignment of an administrative law judge,
 1996  absent exceptionally good cause shown as determined by the
 1997  administrative law judge or hearing officer. Upon issuance of a
 1998  final order, the outstanding balance of the amount determined to
 1999  constitute the overpayment and fines is due. If a provider fails
 2000  to make payments in full, fails to enter into a satisfactory
 2001  repayment plan, or fails to comply with the terms of a repayment
 2002  plan or settlement agreement, the agency shall withhold
 2003  reimbursement payments for Medicaid services until the amount
 2004  due is paid in full.
 2005         (32) Duly authorized agents and employees of the agency
 2006  shall have the power to inspect, during normal business hours,
 2007  the records of any pharmacy, wholesale establishment, or
 2008  manufacturer, or any other place in which drugs and medical
 2009  supplies are manufactured, packed, packaged, made, stored, sold,
 2010  or kept for sale, for the purpose of verifying the amount of
 2011  drugs and medical supplies ordered, delivered, or purchased by a
 2012  provider. The agency shall provide at least 2 business days’
 2013  prior notice of any such inspection. The notice must identify
 2014  the provider whose records will be inspected, and the inspection
 2015  shall include only records specifically related to that
 2016  provider.
 2017         (33) In accordance with federal law, Medicaid recipients
 2018  convicted of a crime pursuant to 42 U.S.C. s. 1320a-7b may be
 2019  limited, restricted, or suspended from Medicaid eligibility for
 2020  a period not to exceed 1 year, as determined by the agency head
 2021  or designee.
 2022         (34) To deter fraud and abuse in the Medicaid program, the
 2023  agency may limit the number of Schedule II and Schedule III
 2024  refill prescription claims submitted from a pharmacy provider.
 2025  The agency shall limit the allowable amount of reimbursement of
 2026  prescription refill claims for Schedule II and Schedule III
 2027  pharmaceuticals if the agency or the Medicaid Fraud Control Unit
 2028  determines that the specific prescription refill was not
 2029  requested by the Medicaid recipient or authorized representative
 2030  for whom the refill claim is submitted or was not prescribed by
 2031  the recipient’s medical provider or physician. Any such refill
 2032  request must be consistent with the original prescription.
 2033         (35) The Office of Program Policy Analysis and Government
 2034  Accountability shall provide a report to the President of the
 2035  Senate and the Speaker of the House of Representatives on a
 2036  biennial basis, beginning January 31, 2006, on the agency’s
 2037  efforts to prevent, detect, and deter, as well as recover funds
 2038  lost to, fraud and abuse in the Medicaid program.
 2039         (36) The agency may provide to a sample of Medicaid
 2040  recipients or their representatives through the distribution of
 2041  explanations of benefits information about services reimbursed
 2042  by the Medicaid program for goods and services to such
 2043  recipients, including information on how to report inappropriate
 2044  or incorrect billing to the agency or other law enforcement
 2045  entities for review or investigation, information on how to
 2046  report criminal Medicaid fraud to the Medicaid Fraud Control
 2047  Unit’s toll-free hotline number, and information about the
 2048  rewards available under s. 409.9203. The explanation of benefits
 2049  may not be mailed for Medicaid independent laboratory services
 2050  as described in s. 409.905(7) or for Medicaid certified match
 2051  services as described in ss. 409.9071 and 1011.70.
 2052         (37) The agency shall post on its website a current list of
 2053  each Medicaid provider, including any principal, officer,
 2054  director, agent, managing employee, or affiliated person of the
 2055  provider, or any partner or shareholder having an ownership
 2056  interest in the provider equal to 5 percent or greater, who has
 2057  been terminated for cause from the Medicaid program or
 2058  sanctioned under this section. The list must be searchable by a
 2059  variety of search parameters and provide for the creation of
 2060  formatted lists that may be printed or imported into other
 2061  applications, including spreadsheets. The agency shall update
 2062  the list at least monthly.
 2063         (38) In order to improve the detection of health care
 2064  fraud, use technology to prevent and detect fraud, and maximize
 2065  the electronic exchange of health care fraud information, the
 2066  agency shall:
 2067         (a) Compile, maintain, and publish on its website a
 2068  detailed list of all state and federal databases that contain
 2069  health care fraud information and update the list at least
 2070  biannually;
 2071         (b) Develop a strategic plan to connect all databases that
 2072  contain health care fraud information to facilitate the
 2073  electronic exchange of health information between the agency,
 2074  the Department of Health, the Department of Law Enforcement, and
 2075  the Attorney General’s Office. The plan must include recommended
 2076  standard data formats, fraud identification strategies, and
 2077  specifications for the technical interface between state and
 2078  federal health care fraud databases;
 2079         (c) Monitor innovations in health information technology,
 2080  specifically as it pertains to Medicaid fraud prevention and
 2081  detection; and
 2082         (d) Periodically publish policy briefs that highlight
 2083  available new technology to prevent or detect health care fraud
 2084  and projects implemented by other states, the private sector, or
 2085  the Federal Government which use technology to prevent or detect
 2086  health care fraud.
 2087         Section 38. Subsection (1) of section 409.967, Florida
 2088  Statutes, is amended to read:
 2089         409.967 Managed care plan accountability.—
 2090         (1) Beginning with the contract procurement process
 2091  initiated during the 2023 calendar year, the agency shall
 2092  establish a 6-year 5-year contract with each managed care plan
 2093  selected through the procurement process described in s.
 2094  409.966. A plan contract may not be renewed; however, the agency
 2095  may extend the term of a plan contract to cover any delays
 2096  during the transition to a new plan. The agency shall extend
 2097  until December 31, 2024, the term of existing plan contracts
 2098  awarded pursuant to the invitation to negotiate published in
 2099  July 2017.
 2100         Section 39. Subsection (6) of section 429.11, Florida
 2101  Statutes, is amended to read:
 2102         429.11 Initial application for license; provisional
 2103  license.—
 2104         (6)In addition to the license categories available in s.
 2105  408.808, a provisional license may be issued to an applicant
 2106  making initial application for licensure or making application
 2107  for a change of ownership. A provisional license shall be
 2108  limited in duration to a specific period of time not to exceed 6
 2109  months, as determined by the agency.
 2110         Section 40. Subsection (9) of section 429.19, Florida
 2111  Statutes, is amended to read:
 2112         429.19 Violations; imposition of administrative fines;
 2113  grounds.—
 2114         (9)The agency shall develop and disseminate an annual list
 2115  of all facilities sanctioned or fined for violations of state
 2116  standards, the number and class of violations involved, the
 2117  penalties imposed, and the current status of cases. The list
 2118  shall be disseminated, at no charge, to the Department of
 2119  Elderly Affairs, the Department of Health, the Department of
 2120  Children and Families, the Agency for Persons with Disabilities,
 2121  the area agencies on aging, the Florida Statewide Advocacy
 2122  Council, the State Long-Term Care Ombudsman Program, and state
 2123  and local ombudsman councils. The Department of Children and
 2124  Families shall disseminate the list to service providers under
 2125  contract to the department who are responsible for referring
 2126  persons to a facility for residency. The agency may charge a fee
 2127  commensurate with the cost of printing and postage to other
 2128  interested parties requesting a copy of this list. This
 2129  information may be provided electronically or through the
 2130  agency’s Internet site.
 2131         Section 41. Subsection (2) of section 429.35, Florida
 2132  Statutes, is amended to read:
 2133         429.35 Maintenance of records; reports.—
 2134         (2) Within 60 days after the date of an the biennial
 2135  inspection conducted visit required under s. 408.811 or within
 2136  30 days after the date of an any interim visit, the agency shall
 2137  forward the results of the inspection to the local ombudsman
 2138  council in the district where the facility is located; to at
 2139  least one public library or, in the absence of a public library,
 2140  the county seat in the county in which the inspected assisted
 2141  living facility is located; and, when appropriate, to the
 2142  district Adult Services and Mental Health Program Offices.
 2143         Section 42. Subsection (2) of section 429.905, Florida
 2144  Statutes, is amended to read:
 2145         429.905 Exemptions; monitoring of adult day care center
 2146  programs colocated with assisted living facilities or licensed
 2147  nursing home facilities.—
 2148         (2) A licensed assisted living facility, a licensed
 2149  hospital, or a licensed nursing home facility may provide
 2150  services during the day which include, but are not limited to,
 2151  social, health, therapeutic, recreational, nutritional, and
 2152  respite services, to adults who are not residents. Such a
 2153  facility need not be licensed as an adult day care center;
 2154  however, the agency must monitor the facility during the regular
 2155  inspection and at least biennially to ensure adequate space and
 2156  sufficient staff. If an assisted living facility, a hospital, or
 2157  a nursing home holds itself out to the public as an adult day
 2158  care center, it must be licensed as such and meet all standards
 2159  prescribed by statute and rule. For the purpose of this
 2160  subsection, the term “day” means any portion of a 24-hour day.
 2161         Section 43. Section 429.929, Florida Statutes, is amended
 2162  to read:
 2163         429.929 Rules establishing standards.—
 2164         (1) The agency shall adopt rules to implement this part.
 2165  The rules must include reasonable and fair standards. Any
 2166  conflict between these standards and those that may be set forth
 2167  in local, county, or municipal ordinances shall be resolved in
 2168  favor of those having statewide effect. Such standards must
 2169  relate to:
 2170         (1)(a) The maintenance of adult day care centers with
 2171  respect to plumbing, heating, lighting, ventilation, and other
 2172  building conditions, including adequate meeting space, to ensure
 2173  the health, safety, and comfort of participants and protection
 2174  from fire hazard. Such standards may not conflict with chapter
 2175  553 and must be based upon the size of the structure and the
 2176  number of participants.
 2177         (2)(b) The number and qualifications of all personnel
 2178  employed by adult day care centers who have responsibilities for
 2179  the care of participants.
 2180         (3)(c) All sanitary conditions within adult day care
 2181  centers and their surroundings, including water supply, sewage
 2182  disposal, food handling, and general hygiene, and maintenance of
 2183  sanitary conditions, to ensure the health and comfort of
 2184  participants.
 2185         (4)(d) Basic services provided by adult day care centers.
 2186         (5)(e) Supportive and optional services provided by adult
 2187  day care centers.
 2188         (6)(f) Data and information relative to participants and
 2189  programs of adult day care centers, including, but not limited
 2190  to, the physical and mental capabilities and needs of the
 2191  participants, the availability, frequency, and intensity of
 2192  basic services and of supportive and optional services provided,
 2193  the frequency of participation, the distances traveled by
 2194  participants, the hours of operation, the number of referrals to
 2195  other centers or elsewhere, and the incidence of illness.
 2196         (7)(g) Components of a comprehensive emergency management
 2197  plan, developed in consultation with the Department of Health
 2198  and the Division of Emergency Management.
 2199         (2)Pursuant to this part, s. 408.811, and applicable
 2200  rules, the agency may conduct an abbreviated biennial inspection
 2201  of key quality-of-care standards, in lieu of a full inspection,
 2202  of a center that has a record of good performance. However, the
 2203  agency must conduct a full inspection of a center that has had
 2204  one or more confirmed complaints within the licensure period
 2205  immediately preceding the inspection or which has a serious
 2206  problem identified during the abbreviated inspection. The agency
 2207  shall develop the key quality-of-care standards, taking into
 2208  consideration the comments and recommendations of provider
 2209  groups. These standards shall be included in rules adopted by
 2210  the agency.
 2211         Section 44. Part I of chapter 483, Florida Statutes, is
 2212  repealed, and part II and part III of that chapter are
 2213  redesignated as part I and part II, respectively.
 2214         Section 45. Paragraph (g) of subsection (3) of section
 2215  20.43, Florida Statutes, is amended to read:
 2216         20.43 Department of Health.—There is created a Department
 2217  of Health.
 2218         (3) The following divisions of the Department of Health are
 2219  established:
 2220         (g) Division of Medical Quality Assurance, which is
 2221  responsible for the following boards and professions established
 2222  within the division:
 2223         1. The Board of Acupuncture, created under chapter 457.
 2224         2. The Board of Medicine, created under chapter 458.
 2225         3. The Board of Osteopathic Medicine, created under chapter
 2226  459.
 2227         4. The Board of Chiropractic Medicine, created under
 2228  chapter 460.
 2229         5. The Board of Podiatric Medicine, created under chapter
 2230  461.
 2231         6. Naturopathy, as provided under chapter 462.
 2232         7. The Board of Optometry, created under chapter 463.
 2233         8. The Board of Nursing, created under part I of chapter
 2234  464.
 2235         9. Nursing assistants, as provided under part II of chapter
 2236  464.
 2237         10. The Board of Pharmacy, created under chapter 465.
 2238         11. The Board of Dentistry, created under chapter 466.
 2239         12. Midwifery, as provided under chapter 467.
 2240         13. The Board of Speech-Language Pathology and Audiology,
 2241  created under part I of chapter 468.
 2242         14. The Board of Nursing Home Administrators, created under
 2243  part II of chapter 468.
 2244         15. The Board of Occupational Therapy, created under part
 2245  III of chapter 468.
 2246         16. Respiratory therapy, as provided under part V of
 2247  chapter 468.
 2248         17. Dietetics and nutrition practice, as provided under
 2249  part X of chapter 468.
 2250         18. The Board of Athletic Training, created under part XIII
 2251  of chapter 468.
 2252         19. The Board of Orthotists and Prosthetists, created under
 2253  part XIV of chapter 468.
 2254         20. Electrolysis, as provided under chapter 478.
 2255         21. The Board of Massage Therapy, created under chapter
 2256  480.
 2257         22. The Board of Clinical Laboratory Personnel, created
 2258  under part I part II of chapter 483.
 2259         23. Medical physicists, as provided under part II part III
 2260  of chapter 483.
 2261         24. The Board of Opticianry, created under part I of
 2262  chapter 484.
 2263         25. The Board of Hearing Aid Specialists, created under
 2264  part II of chapter 484.
 2265         26. The Board of Physical Therapy Practice, created under
 2266  chapter 486.
 2267         27. The Board of Psychology, created under chapter 490.
 2268         28. School psychologists, as provided under chapter 490.
 2269         29. The Board of Clinical Social Work, Marriage and Family
 2270  Therapy, and Mental Health Counseling, created under chapter
 2271  491.
 2272         30. Emergency medical technicians and paramedics, as
 2273  provided under part III of chapter 401.
 2274         Section 46. Subsection (3) of section 381.0034, Florida
 2275  Statutes, is amended to read:
 2276         381.0034 Requirement for instruction on HIV and AIDS.—
 2277         (3) The department shall require, as a condition of
 2278  granting a license under chapter 467 or part I part II of
 2279  chapter 483, that an applicant making initial application for
 2280  licensure complete an educational course acceptable to the
 2281  department on human immunodeficiency virus and acquired immune
 2282  deficiency syndrome. Upon submission of an affidavit showing
 2283  good cause, an applicant who has not taken a course at the time
 2284  of licensure shall be allowed 6 months to complete this
 2285  requirement.
 2286         Section 47. Subsection (4) of section 456.001, Florida
 2287  Statutes, is amended to read:
 2288         456.001 Definitions.—As used in this chapter, the term:
 2289         (4) “Health care practitioner” means any person licensed
 2290  under chapter 457; chapter 458; chapter 459; chapter 460;
 2291  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
 2292  chapter 466; chapter 467; part I, part II, part III, part V,
 2293  part X, part XIII, or part XIV of chapter 468; chapter 478;
 2294  chapter 480; part I or part II part II or part III of chapter
 2295  483; chapter 484; chapter 486; chapter 490; or chapter 491.
 2296         Section 48. Paragraphs (h) and (i) of subsection (2) of
 2297  section 456.057, Florida Statutes, are amended to read:
 2298         456.057 Ownership and control of patient records; report or
 2299  copies of records to be furnished; disclosure of information.—
 2300         (2) As used in this section, the terms “records owner,”
 2301  “health care practitioner,” and “health care practitioner’s
 2302  employer” do not include any of the following persons or
 2303  entities; furthermore, the following persons or entities are not
 2304  authorized to acquire or own medical records, but are authorized
 2305  under the confidentiality and disclosure requirements of this
 2306  section to maintain those documents required by the part or
 2307  chapter under which they are licensed or regulated:
 2308         (h) Clinical laboratory personnel licensed under part I
 2309  part II of chapter 483.
 2310         (i) Medical physicists licensed under part II part III of
 2311  chapter 483.
 2312         Section 49. Paragraph (j) of subsection (1) of section
 2313  456.076, Florida Statutes, is amended to read:
 2314         456.076 Impaired practitioner programs.—
 2315         (1) As used in this section, the term:
 2316         (j) “Practitioner” means a person licensed, registered,
 2317  certified, or regulated by the department under part III of
 2318  chapter 401; chapter 457; chapter 458; chapter 459; chapter 460;
 2319  chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
 2320  chapter 466; chapter 467; part I, part II, part III, part V,
 2321  part X, part XIII, or part XIV of chapter 468; chapter 478;
 2322  chapter 480; part I or part II part II or part III of chapter
 2323  483; chapter 484; chapter 486; chapter 490; or chapter 491; or
 2324  an applicant for a license, registration, or certification under
 2325  the same laws.
 2326         Section 50. Paragraph (b) of subsection (1) of section
 2327  456.47, Florida Statutes, is amended to read:
 2328         456.47 Use of telehealth to provide services.—
 2329         (1) DEFINITIONS.—As used in this section, the term:
 2330         (b) “Telehealth provider” means any individual who provides
 2331  health care and related services using telehealth and who is
 2332  licensed or certified under s. 393.17; part III of chapter 401;
 2333  chapter 457; chapter 458; chapter 459; chapter 460; chapter 461;
 2334  chapter 463; chapter 464; chapter 465; chapter 466; chapter 467;
 2335  part I, part III, part IV, part V, part X, part XIII, or part
 2336  XIV of chapter 468; chapter 478; chapter 480; part I or part II
 2337  part II or part III of chapter 483; chapter 484; chapter 486;
 2338  chapter 490; or chapter 491; who is licensed under a multistate
 2339  health care licensure compact of which Florida is a member
 2340  state; or who is registered under and complies with subsection
 2341  (4).
 2342         Section 51. Except as otherwise expressly provided in this
 2343  act and except for this section, which shall become effective
 2344  upon this act becoming a law, this act shall take effect July 1,
 2345  2020.