To include within the rule new guidelines for specific offenses enumerated in Section 456.072, F.S., by the 2009 legislative Session.

DEPARTMENT OF HEALTH
Dental Laboratories

Rule No.: RULE TITLE
64B27-2.001: 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: 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. A SERC has been prepared by the agency showing that the dental laboratories that commit violations will be disciplined and will have to face penalties up to revocation of their registration and this will likely 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: 456.038 FS.
LAW IMPLEMENTED: 456.072, 456.079, 466.028, 466.037 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: Sue Foster, Executive Director, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B27-2.001 Disciplinary Guidelines.

(1) No change.

(2)(a) through (q) No change.

(r) 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 (Section 456.072(1)(ii), F.S.) misdemeanor: First Offense – From a minimum of one year of suspension followed by two years of probation and a fine of $1,000 to revocation and a fine of $10,000; felony: Revocation and a fine of $10,000.

(s) Failing to remit the sum owed for an overpayment from the Medicaid program or from a final order, judgment, stipulation, or settlement (Section 456.072(1)(jj), F.S.) First offense – from a minimum fine of $300 to a fine of $1,000 and from a reprimand to two years of probation. For a second or subsequent offense – from a minimum fine of $1,000 and six months probation to revocation and a fine of $10,000.

(t) Being terminated from a state Medicaid program or from the federal Medicare program unless participation eligibility restored (Section 456.072(1)(kk), F.S.) First offense – from a minimum fine of $500 and a reprimand to a maximum fine of $5,000 and revocation. For a second or subsequent offense – from a minimum fine of $2,000 and two years probation to revocation and a fine of $10,000.

(u) Being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud (Section 456.072(1)(ll), F.S.) First offense misdemeanor with no intentional fraud – from a minimum fine of $1,000 and two years of probation to a maximum fine of $3,000 and revocation; felony – a fine of $10,000 and revocation.

(3) through (5) No change.

Rulemaking Specific Authority 466.038 FS. Law Implemented 456.072, 456.079, 466.028, 466.037 FS. History–New 3-28-05, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sue Foster
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 15, 2010