88093, 59G-9.070 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 88093

Notice of Proposed Rule

Department:

AGENCY FOR HEALTH CARE ADMINISTRATION

Division:

Medicaid

Chapter:

OVERSIGHT OF INTEGRITY

Overview

RULE:

59G-9.070

Administrative Sanctions on Providers, Entities, and Persons

PURPOSE:

Since implementation of the rule, the MPI management team has discussed every sanction to be imposed and has found some scenarios where the amount of the fines far exceeds what was expected. As the intent of the rule is to encourage compliance (those providers who aren’t going to come into compliance or need more severe “punishment” will be recommended for other administrative action), MPI believes several areas need to have a “cap” on fines. The rule is being amended to implement these “caps”. Additionally, several changes have been prepared in response to the issues that were raised in the rule challenge (and as a part of the settlement in that matter). Also, MPI found issues that needed to be changed (either due to error or for clarity) while conducting training for implementation; these changes are incorporated in the amended rule. Finally, MPI believed it was important to clarify in the rule some items that are a part of the bureau protocols but were not clarified in the rule. This will ensure continued consistency in its application.

SUMMARY:

Rule 59G-9.070, F.A.C., is being amended to clarify certain terminology to ensure consistency with statutory definitions; define more clearly when and how sanctions will be imposed; and to define limits of fines in certain categories.

RULEMAKING AUTHORITY:

409.919 FS.

LAW:

409.907 FS., 409.913 FS., 409.9131 FS., 812.035 FS.

PRINT PUBLISH DATE:

2/10/2006 Vol. 32/06

COMMENTS:

From 2/10/2006 To 3/3/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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