RULE NO.:RULE TITLE:
64B21-504.001Disciplinary Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 249, December 27, 2016 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The rule shall now read as follows:
64B21-504.001 Disciplinary Guidelines.
(1) When the Department finds that 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 (ee) No change.
(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 $10,000 $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.
(gg) No change.
(2) through (3) No change.
Rulemaking Authority 456.079 FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 9-11-03, Amended 7-5-06, 10-28-10, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399, (850)245-4374 or Allen.Hall@FlHealth.gov.
