The purpose of this rulemaking is to update language regarding fines related to fraud. The effect is internal consistency and statutory compliance.

 

DEPARTMENT OF HEALTH

Council of Licensed Midwifery

RULE NO.: RULE TITLE:

64B24-8.002 Disciplinary Action and Guidelines

PURPOSE AND EFFECT: The purpose of this rulemaking is to update language regarding fines related to fraud. The effect is internal consistency and statutory compliance.

SUMMARY: This rulemaking eliminates fines that are inconsistent with Section 456.072(2)(d), FS, which requires the imposition of a $10,000 fine for violations for fraud or fraudulent representations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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.

RULEMAKING AUTHORITY: 456.004(5), 456.079, 467.005, 467.203(4) 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christy Robinson, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B24-8.002 Disciplinary Action and Guidelines.

(1) No change.

(2) through (2)(v) No change.

(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 $10,000 $600 and a minimum one year of probation up to a fine of $3,000 and up to three years of probation; intentional felony fraud or felony: from a minimum fine of $10,000 and a minimum three months suspension followed by two years probation and up to a maximum fine of $10,000 and revocation. For a subsequent offense, a fine of $10,000 and revocation.

Rulemaking 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, 10-28-10,                            __.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alysson Bradley

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2014