The Board proposes the rule amendment to add new language to clarify disciplinary guidelines and penalties relating.

 

DEPARTMENT OF HEALTH
Board of Nursing Home Administrators

RULE NO: RULE TITLE
64B10-14.004: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The Board proposes the rule amendment to add new language to clarify disciplinary guidelines and penalties relating.
SUMMARY: The rule amendment will add new language to clarify disciplinary guidelines and penalties relating.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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: 456.073(3), 456.079, 468.1685(1) FS.
LAW IMPLEMENTED: 456.072, 456.073(3), 456.079, 468.1685(4), (5), (6), 468.1755(1)(a), (j), (q) 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: Joe Baker, Jr., Executive Director, Board of Nursing Home Administrators/MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

THE FULL TEXT OF THE PROPOSED RULE IS:

64B10-14.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

(1) No change.

(2) The following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

MinimumMaximum

(a) though (qq) No change.

(rr) Being convicted of, or entering
a plea of guilty or nolo contendere
to, any misdemeanor or felony,
regardless of adjudication, under
18 USC s. 669, ss. 285-287, s. 371,

s. 1001, s. 1035, s. 1341, s. 1343,

s. 1347, s. 1349, or s. 1518, or

42 USC ss. 1320a-7b, relating

to the Medicaid program.

(Section 456.072(1)(ii), F.S.)

First Offense:Revocation and a fine of $10,000,or in the case of application for licensure,

denial of license,

(ss) Failing to remit the sum owed to

the state for overpayment from the
Medicaid program pursuant to a final

order, judgment, or settlement.

(Section 456.072(1)(jj), F.S.)

First Offenseletter of concernprobation, and a fine of $500 to $1,000.

Second Offensereprimandrevocation, and a fine of $1,000.

(tt) Being terminated from the state

Medicaid program, Or any other state
Medicaid program or the
federal Medicare program.

(Section 456.072(1)(kk), F.S.)

First Offense:letter of concernsuspension, and a fine of $500 to $1,000.

Second Offense:reprimandrevocation, and a fine of $1,000.

(uu) Being convicted of, or entering

into a plea of guilty or nolo contendere

to, any misdemeanor or felony,

regardless of adjudication, which

relates to health care fraud.
(Section 456.072(1)(ll), F.S.)

First Offense:revocation and a fine of $10,000 or,in the case of application for licensure,

denial denial of license.

(3) No change.

Rulemaking Specific Authority 456.073(3), 456.079, 468.1685(1) FS. Law Implemented 456.072, 456.073(3), 456.079, 468.1685(4), (5), (6), 468.1755(1)(a), (j), (q) FS. History–New 11-23-86, Amended 4-22-87, Formerly 21Z-14.004, 61G12-14.004, 59T-14.004, Amended 10-12-97, 10-16-00, 2-13-01, 2-10-03, 5-1-03, 7-27-06, 8-10-08,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 5, 2010