64B23-6.001: Penalty Guidelines
PURPOSE AND EFFECT: To include within the rule new guidelines for specific offenses enumerated in Section 456.072, F.S., by the 2009 legislative Session.
SUMMARY: As required by the statute, the amendment specifies new disciplinary guidelines for being convicted or entering a plea to certain crimes, for failing to repay an overpayment from Medicaid, and for being terminated from serving as a Medicaid or Medicare provider.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.079(1), 483.901(6)(g) FS.
LAW IMPLEMENTED: 456.072, 456.079, 483.901(6)(g) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vicki R. Grant, Executive Director, 4052 Bald Cypress Way, Bin #C85, Tallahassee, Florida 32399-3285
THE FULL TEXT OF THE PROPOSED RULE IS:
64B23-6.001 Penalty Guidelines.
(1)(a) through (z) No change.
(aa) Section 456.072(1)(ii), F.S.: Being convicted of or entering a plea to any misdemeanor or felony under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to Medicaid – misdemeanor – from a minimum fine of $1,000 and six months probation up to a maximum fine of $7,500 and one year of suspension followed by two years of probation. Felony or for a second violation, revocation and a fine of $10,000.
(bb) Section 456.072(1)(jj), F.S.: Failing to remit the sum owed for an overpayment from the Medicaid program or from a final order, judgment, stipulation, or settlement – from a minimum fine of $1,000 and a reprimand to a maximum fine of $3,500 and two years of suspension. For a second or subsequent violation, a fine of up to $10,000 and six months probation to revocation.
(cc) Section 456.072(1)(kk), F.S.: Being terminated from a state Medicaid program or from the federal Medicare program unless participation eligibility restored – from a minimum fine of $500 and a reprimand to a maximum fine of $7,500 and revocation. For a second or subsequent violation, up to a fine of $10,000 and revocation.
(dd) Section 456.072(1)(ll), F.S.: Being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud – misdemeanor with no intentional fraud – from a minimum fine of $1,000 and two years of probation up to a maximum fine of $3,000 and revocation. Felony or for a second violation, revocation and a fine of $10,000.
(2) No change.
Rulemaking Specific Authority 456.079(1), 483.901(6)(g) FS. Law Implemented 456.072, 456.079, 483.901(6)(g) FS. History–New 7-15-99, Amended 8-5-07,_______.