The Florida Senate

400.474  Administrative penalties.--

(1)  The agency may deny, revoke, and suspend a license and impose an administrative fine in the manner provided in chapter 120.

(2)  Any of the following actions by a home health agency or its employee is grounds for disciplinary action by the agency:

(a)  Violation of this part, part II of chapter 408, or of applicable rules.

(b)  An intentional, reckless, or negligent act that materially affects the health or safety of a patient.

(c)  Knowingly providing home health services in an unlicensed assisted living facility or unlicensed adult family-care home, unless the home health agency or employee reports the unlicensed facility or home to the agency within 72 hours after providing the services.

(3)(a)  In addition to the requirements of s. 408.813, any person, partnership, or corporation that violates s. 408.813 and that previously operated a licensed home health agency or concurrently operates both a licensed home health agency and an unlicensed home health agency commits a felony of the third degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(b)  If any home health agency is found to be operating without a license and that home health agency has received any government reimbursement for services, the agency shall make a fraud referral to the appropriate government reimbursement program.

History.--s. 42, ch. 75-233; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; ss. 5, 23, ch. 93-214; s. 20, ch. 98-80; s. 4, ch. 99-332; s. 76, ch. 2007-230.