Florida Healthcare Professionals, Know the Dangers of Health Care Fraud Statute 456.0635

Felony convictions, and pleas of guilty or nolo contendere, under certain Florida Statutes’ Chapters will result in the denial of license renewals and applications. The specific Chapters are 409 (Social and Economic Assistance), 817 (Fraudulent Practices), and 893 (Drug Abuse Prevention and Control).

A broad array of convictions/pleas outside health care could cause you to lose your license or prevent you from getting one. Some of the common violations in Chapter 817 include making false statements, mortgage fraud, and fraudulent use of credit cards. Some of the common violations in Chapter 893 include unlawful use, possession, manufacture, delivery, or transportation of controlled substances.

The statute prescribes post-conviction time periods during which a licensee, applicant or candidate for licensure, examination, certification or registration must complete prior to becoming eligible for licensure. The periods of probation range from 5 to 15 years, depending upon the seriousness of the conviction. This includes convictions for similar laws that occurred in states besides Florida.

You will also be refused license renewal or application approval if you were terminated for cause from the Florida Medicaid program and have not been in good standing with the program over the last 5 years¹ following the termination.

The statute also contains disqualifying federal convictions. Felony convictions and pleas of guilty or nolo contendere under the either the Federal Controlled Substances Act or the Medicaid and CHIP Payment laws will bar an applicant or candidate from licensure, examination, certification or registration for a period of 15 years.

This statute has broad impacts such that individuals applying for medical, nursing, or other health-related training or education should consider whether this law will prevent them from getting licensed and practicing following graduation. Health care providers charged with crimes identified above should contact the Chapman Law Group to discuss how their defense to the charges could affect their licenses.