Bill Text: FL S0208 | 2012 | Regular Session | Comm Sub
Bill Title: Health Care Fraud
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 653 -SJ 1170 [S0208 Detail]
Download: Florida-2012-S0208-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 208 By the Committees on Criminal Justice; and Health Regulation; and Senator Joyner 591-01857-12 2012208c2 1 A bill to be entitled 2 An act relating to health care fraud; amending s. 3 456.0635, F.S.; revising the grounds under which the 4 Department of Health or corresponding board is 5 required to refuse to admit a candidate to an 6 examination and refuse to issue or renew a license, 7 certificate, or registration of a health care 8 practitioner; providing an exception; amending s. 9 456.036, F.S.; providing that all persons who were 10 denied renewal of licensure, certification, or 11 registration under s. 456.0635(3), F.S., may regain 12 licensure, certification, or registration only by 13 completing the application process for initial 14 licensure; providing an exception; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 456.0635, Florida Statutes, is amended 20 to read: 21 456.0635 Health careMedicaidfraud; disqualification for 22 license, certificate, or registration.— 23 (1) Health careMedicaidfraud in the practice of a health 24 care profession is prohibited. 25 (2) Each board within the jurisdiction of the department, 26 or the department if there is no board, shall refuse to admit a 27 candidate to any examination and refuse to issueor renewa 28 license, certificate, or registration to any applicant if the 29 candidate or applicant or any principal, officer, agent, 30 managing employee, or affiliated person of the applicant, has31been: 32 (a) Has been convicted of, or entered a plea of guilty or 33 nolo contendere to, regardless of adjudication, a felony under 34 chapter 409, chapter 817, or chapter 893, or a similar felony 35 offense committed in another state or jurisdiction, unless the 36 candidate or applicant has successfully completed a drug court 37 program for that felony and provides proof that the plea has 38 been withdrawn or the charges have been dismissed. Any such 39 conviction or plea shall exclude the applicant or candidate from 40 licensure, examination, certification, or registration21 U.S.C.41ss. 801-970, or 42 U.S.C. ss. 1395-1396,unless the sentence and 42 any subsequent period of probation for such conviction or plea 43pleasended:more than 15 years prior to the date of the44application;45 1. For felonies of the first or second degree, more than 15 46 years before the date of application. 47 2. For felonies of the third degree, more than 10 years 48 before the date of application, except for felonies of the third 49 degree under s. 893.13(6)(a). 50 3. For felonies of the third degree under s. 893.13(6)(a), 51 more than 5 years before the date of application; 52 (b) Has been convicted of, or entered a plea of guilty or 53 nolo contendere to, regardless of adjudication, a felony under 54 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396, unless the 55 sentence and any subsequent period of probation for such 56 conviction or plea ended more than 15 years before the date of 57 the application; 58 (c)(b)Has been terminated for cause from the Florida 59 Medicaid program pursuant to s. 409.913, unless the candidate or 60 applicant has been in good standing with the Florida Medicaid 61 program for the most recent 5 years; 62 (d)(c)Has been terminated for cause, pursuant to the 63 appeals procedures established by the stateor Federal64Government, from any other state Medicaid programor the federal65Medicare program, unless the candidate or applicant has been in 66 good standing with a state Medicaid programor the federal67Medicare programfor the most recent 5 years and the termination 68 occurred at least 20 years beforeprior tothe date of the 69 application; or.70 (e) Is currently listed on the United States Department of 71 Health and Human Services Office of Inspector General’s List of 72 Excluded Individuals and Entities. 73 74 This subsection does not apply to candidates or applicants for 75 initial licensure or certification who were enrolled in an 76 educational or training program on or before July 1, 2009, which 77 was recognized by a board or, if there is no board, recognized 78 by the department, and who applied for licensure after July 1, 79 2012. 80 (3) The department shall refuse to renew a license, 81 certificate, or registration of any applicant if the applicant 82 or any principal, officer, agent, managing employee, or 83 affiliated person of the applicant: 84 (a) Has been convicted of, or entered a plea of guilty or 85 nolo contendere to, regardless of adjudication, a felony under 86 chapter 409, chapter 817, or chapter 893, or a similar felony 87 offense committed in another state or jurisdiction, unless the 88 applicant is currently enrolled in a drug court program that 89 allows the withdrawal of the plea for that felony upon 90 successful completion of that program. Any such conviction or 91 plea excludes the applicant or candidate from licensure, 92 examination, certification, or registration unless the sentence 93 and any subsequent period of probation for such conviction or 94 plea ended: 95 1. For felonies of the first or second degree, more than 15 96 years before the date of application. 97 2. For felonies of the third degree, more than 10 years 98 before the date of application, except for felonies of the third 99 degree under s. 893.13(6)(a). 100 3. For felonies of the third degree under s. 893.13(6)(a), 101 more than 5 years before the date of application. 102 (b) Has been convicted of, or entered a plea of guilty or 103 nolo contendere to, regardless of adjudication, a felony under 104 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 since July 1, 105 2009, unless the sentence and any subsequent period of probation 106 for such conviction or plea ended more than 15 years before the 107 date of the application. 108 (c) Has been terminated for cause from the Florida Medicaid 109 program pursuant to s. 409.913, unless the applicant has been in 110 good standing with the Florida Medicaid program for the most 111 recent 5 years. 112 (d) Has been terminated for cause, pursuant to the appeals 113 procedures established by the state, from any other state 114 Medicaid program, unless the applicant has been in good standing 115 with a state Medicaid program for the most recent 5 years and 116 the termination occurred at least 20 years before the date of 117 the application. 118 (e) Is currently listed on the United States Department of 119 Health and Human Services Office of Inspector General’s List of 120 Excluded Individuals and Entities. 121 (4)(3)Licensed health care practitioners shall report 122 allegations of health careMedicaidfraud to the department, 123 regardless of the practice setting in which the alleged health 124 careMedicaidfraud occurred. 125 (5)(4)The acceptance by a licensing authority of a 126 licensee’scandidate’srelinquishment of a license which is 127 offered in response to or anticipation of the filing of 128 administrative charges alleging health careMedicaidfraud or 129 similar charges constitutes the permanent revocation of the 130 license. 131 Section 2. Present subsections (14) and (15) of section 132 456.036, Florida Statutes, are renumbered as subsections (15) 133 and (16), respectively, and a new subsection (14) is added to 134 that section, to read: 135 456.036 Licenses; active and inactive status; delinquency.— 136 (14) A person who has been denied renewal of licensure, 137 certification, or registration under s. 456.0635(3) may regain 138 licensure, certification, or registration only by meeting the 139 qualifications and completing the application process for 140 initial licensure as defined by the board, or the department if 141 there is no board. However, a person who was denied renewal of 142 licensure, certification, or registration under s. 24 of chapter 143 2009-223, Laws of Florida, between July 1, 2009, and June 30, 144 2012, is not required to retake and pass examinations applicable 145 for initial licensure, certification, or registration. 146 Section 3. This act shall take effect July 1, 2012.