64B21-504.001: Disciplinary 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: This rule adds disciplinary guideline penalties for the offenses of: termination from an impaired practitioner program; 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 school psychologists 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: 456.079 FS.
LAW IMPLEMENTED: 456.072, 456.079, 490.009 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: Allen Hall, Executive Director, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3205
THE FULL TEXT OF THE PROPOSED RULE IS:
64B21-504.001 Disciplinary Guidelines.
(1) When the Department finds that an applicant or a licensee has committed any of the acts set forth in Section 490.009(1) or 456.072(1), F.S., it shall issue a final order imposing one or more of the penalties listed in Section 456.072(2), F.S., as recommended in the following disciplinary guidelines. For applicants, all listed violations are sufficient for refusal to certify an application for licensure. In addition to any other discipline imposed, the Department, pursuant to Section 456.072(4), F.S., shall assess the costs related to the investigation and prosecution of a case. If the violation is for fraud or making false or fraudulent representation, the Department shall impose a fine of $10,000 per count or offense.
(a) through (aa) No change.
(bb) Section 456.072(1)(hh), F.S.: being terminated from a treatment program for impaired practitioners without good cause – a fine of $500 up to $5,000 and a reprimand. After the first offense, a fine of $1,000 and suspension up to revocation.
(cc) 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, as. 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 – for a misdemeanor, a fine of $1,000 to $5,000 and probation up to suspension followed by two years of probation. For a felony, a fine of $3,000 up to $10,000 and suspension up to revocation. After the first offense, a fine of $10,000 and revocation.
(dd) Section 456.072(1)(jj), F.S.: failing to remit the sum owed for an overpayment from the Medicaid program or pursuant to a final order, judgment, stipulation, or settlement – a fine of $500 to $2,500 and from a reprimand to two years of probation. After the first offense, a fine of $1,500 to $10,000 and probation to revocation.
(ee) Section 456.072(1)(kk), F.S.: termination from a state Medicaid program or from the federal Medicare program unless participation eligibility restored – a fine of $500 to $7,500 and probation to revocation. After the first offense, a fine of $2,500 to $10,000 and probation to revocation.
(ff) Section 456.072(1)(ll), F.S.: being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud – for a misdemeanor with no intentional fraud, a fine of $1,000 to $5,000 and probation to revocation. For a felony, a fine of $7,500 up to $10,000 and from suspension to revocation. For a second offense, a fine of $10,000 and revocation.
(2) through (3) No change.
Rulemaking Specific Authority 456.079 FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 9-11-03, Amended 7-5-06,_________.