64B24-8.002: Disciplinary Action and Guidelines
PURPOSE AND EFFECT: To add penalty guidelines for explicit new violations for which a practitioner may be disciplined.
SUMMARY: This rule adds disciplinary guideline penalties for the offenses of: conviction or entry of a plea of guilty or nolo contendere to a misdemeanor or felony under certain Medicaid laws; failure to return an overpayment from the Medicaid program; termination from a state Medicaid program or the federal Medicare program; and conviction or entry of a plea of guilty or nolo contendere to a crime related to health care fraud.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. The agency prepared a SERC showing that those licensed midwives who commit violations will be disciplined and will have to face penalties up to revocation of their license and that this is likely to affect some small businesses.
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: 456.004(5), 467.005 FS.
LAW IMPLEMENTED: 456.079, 467.203 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: Anthony Jusevitch, Executive Director, 4052 Bald Cypress Way, Bin #C-06, Tallahassee, Florida 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
64B24-8.002 Disciplinary Action and Guidelines.
(1) No change.
(2)(a) through (s) No change.
(t) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, 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 the Medicaid program – misdemeanor: from a minimum fine of $600 and one year of probation up to a fine of $3,000 and revocation; felony: from a minimum fine of $1,500 and six months of suspension followed by two years of probation, up to a maximum fine of $10,000 and revocation of license. For a subsequent offense, a fine of up to $10,000 and revocation.
(u) Section 456.072(1)(jj), F.S.: Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or agreement – from a minimum fine of $300 and a letter of concern to a maximum fine of $3,500 and up to six months suspension followed by up to three years of probation. For a subsequent offense, from a minimum fine of $1,000 and two years of probation to a maximum fine of $10,000 and revocation.
(v) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Section 409.913, and other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored – from a minimum fine of $500 and a letter of concern to one year suspension and a fine of $3,000. For a subsequent offense, from a year of probation and a minimum fine of $1,000 to revocation and a fine of $10,000.
(w) Section 456.072(1)(ll), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud – misdemeanor and unintentional fraud: from a minimum fine of $600 and one year of probation up to a fine of $3,000 and up to three years of probation; intentional fraud or felony: from a minimum fine of $10,000 and three months suspension followed by two years probation to a maximum fine of $10,000 and revocation. For a subsequent offense, a fine of $10,000 and revocation.
Rulemaking Specific Authority 456.004(5), 456.079, 467.005, 467.203(4) FS. Law Implemented 456.079, 467.203 FS. History–New 7-14-94, Formerly 61E8-8.002, 59DD-8.002, Amended 10-3-06,________.