Section 400.607, Florida Statutes 2004
400.607 Denial, suspension, or revocation of license; imposition of administrative fine; grounds; injunctions.--
(1) The agency may deny, revoke, or suspend a license or impose an administrative fine, which may not exceed $5,000 per violation, in the manner provided in chapter 120.
(2) Any of the following actions by a licensed hospice or any of its employees shall be grounds for action by the agency against a hospice:
(a) A violation of the provisions of this part or applicable rules.
(b) An intentional or negligent act materially affecting the health or safety of a patient.
(3) The agency may deny or revoke a license upon a determination that:
(a) Persons subject to level 2 background screening under s. 400.6065 do not meet the screening standards of s. 435.04, and exemptions from disqualification have not been provided by the agency.
(b) An officer, board member, or person owning 5 percent or more of the hospice has been excluded, permanently suspended, or terminated from the Medicare or Medicaid programs.
(4) If, 3 months after the date of obtaining a license, or at any time thereafter, a hospice does not have in operation the home-care component of hospice care, the agency shall immediately revoke the license of such hospice.
(5) If, 12 months after the date of obtaining a license pursuant to s. 400.606, or at any time thereafter, a hospice does not have in operation the inpatient components of hospice care, the agency shall immediately revoke the license of such hospice.
(6) The agency may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this part or any rule adopted pursuant to this part.
(7) The remedies set forth in this section are independent of and cumulative to other remedies provided by law.
History.--s. 7, ch. 79-186; s. 2, ch. 81-318; ss. 71, 79, 83, ch. 83-181; ss. 6, 14, ch. 93-179; s. 56, ch. 98-171; s. 50, ch. 2004-267.