The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 413
EMPLOYMENT AND RELATED SERVICES FOR PERSONS WITH DISABILITIES

View Entire Chapter

F.S. 413.80

413.80 Employment First Act.—

(1) SHORT TITLE.—This section may be cited as the “Employment First Act.”

(2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that employment is the most direct and cost-effective means to assist an individual in achieving independence and fulfillment; however, individuals with disabilities are confronted by unique barriers to employment which inhibit their opportunities to compete fairly in the labor force. It is the intent of the Legislature to provide a framework for a long-term commitment to improving employment outcomes for individuals with disabilities in this state through the implementation of this act.

(3) PURPOSE.—The purpose of this act is to prioritize employment of individuals with disabilities and to change the employment system to better integrate individuals with disabilities into the workforce. This act encourages a collaborative effort between state agencies and organizations to achieve better employment outcomes for individuals with disabilities.

(4) INTERAGENCY COOPERATIVE AGREEMENT.—The following state agencies and organizations, and others, as appropriate, shall develop an interagency cooperative agreement to implement this act:

(a) The Division of Vocational Rehabilitation of the Department of Education.

(b) The Division of Blind Services of the Department of Education.

(d) The Agency for Persons with Disabilities.

(e) The Substance Abuse and Mental Health Program Office of the Department of Children and Families.

(f) The Department of Economic Opportunity.

(g) CareerSource Florida, Inc.

(h) The Florida Developmental Disabilities Council.

(i) The Florida Association of Rehabilitation Facilities.

(j) Other appropriate organizations.

(5) ROLES, RESPONSIBILITIES, AND OBJECTIVES.—The interagency cooperative agreement must identify the roles and responsibilities of the state agencies and organizations identified in subsection (4) and the objectives of the interagency cooperative agreement, which must include all of the following:

(a) Establishing a commitment by leadership of the state agencies and organizations to maximize resources and coordination to improve employment outcomes for individuals with disabilities who seek publicly funded services.

(b) Developing strategic goals and benchmarks to assist the state agencies and organizations in the implementation of this agreement.

(c) Identifying financing and contracting methods that will help to prioritize employment for individuals with disabilities by state agencies and organizations.

(d) Establishing training methods to better integrate individuals with disabilities into the workforce.

(e) Ensuring collaborative efforts between multiple agencies to achieve the purposes of this act.

(f) Promoting service innovations to better assist individuals with disabilities in the workplace.

(g) Identifying accountability measures to ensure the sustainability of this agreement.

History.—s. 7, ch. 2016-3.

F.S. 413.80 on Google Scholar

F.S. 413.80 on Casetext

Amendments to 413.80

Arrestable Offenses / Crimes under Fla. Stat. 413.80

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 413.80.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SELECT SPECIALTY HOSPITAL- DENVER, INC. v. M. AZAR II, U. S., 391 F. Supp. 3d 53 (D.D.C. 2019)

. . . . § 413.80 (1986). . . .

MAINE MEDICAL CENTER, v. M. BURWELL, U. S., 775 F.3d 470 (1st Cir. 2015)

. . . . § 413.80. See 69 Fed.Reg. 49,254 (Aug. 11, 2004). The relevant text remains unchanged. . . . . Sullivan, 932 F.2d 982, 983-84 (D.C.Cir.1991) (citing 42 C.F.R. § 413.80). . . .

D. MOHAMMADI, v. NWABUISI, d b a, 990 F. Supp. 2d 723 (W.D. Tex. 2014)

. . . $22.50/ $2,769.60 $4,639.44 $1,869.84 weeks) $25.97 Aug. 17-23 58 $18.60 $27.90 $832.40 $1,246.20 $413.80 . . .

DISTRICT HOSPITAL PARTNERS, L. P. d b a v. G. SEBELIUS,, 932 F. Supp. 2d 194 (D.D.C. 2013)

. . . . § 413.80. . . .

GROSSMONT HOSPITAL CORP. v. SEBELIUS, U. S., 903 F. Supp. 2d 39 (D.D.C. 2012)

. . . . § 413.80 but was redesignated in 2004 at 42 C.F.R. § 413.89 without substantive change. . . . .

COVE ASSOCIATES JOINT VENTURE d b a v. SEBELIUS, v., 848 F. Supp. 2d 13 (D.D.C. 2012)

. . . regulations can be read as not precluding the possibility of a provider’s establishing the criteria of § 413.80 . . . upheld in CHMP and GCI derives from longstanding Medicare regulations and manual provisions. 42 C.F.R. § 413.80 . . .

ABINGTON CREST NURSING AND REHABILITATION CENTER, v. SEBELIUS,, 575 F.3d 717 (D.C. Cir. 2009)

. . . . § 413.80. . . . In the fiscal year in question, the regulation at issue, 42 C.F.R. § 413.80(d), provided as follows: . . . See 42 C.F.R. § 413.80(d) (1997) (emphasis added). . . . As is readily apparent, § 413.80(d) incorporates the anti-cross-subsidization principle found in the . . . For consistency with the filings of the parties, we refer to it throughout as 42 C.F.R. § 413.80. . . .

VITALITY REHAB, INC. v. SEBELIUS, 641 F. Supp. 2d 984 (C.D. Cal. 2009)

. . . . § 413.80(b), (d). . . . Vitality specifically cites to subsection (a) of 42 C.F.R. section 413.80 which states: “Principle. . . . However, as the Secretary counters, 42 C.F.R. § 413.80 et. seq. do not specifically and unambiguously . . . Also, section 413.80 is included in Part 413 of Title 42 of the Code of Federal Regulations, which is . . . made to 42 C.F.R. § 413.80 (1999). . . .

DETROIT RECEIVING HOSPITAL AND UNIVERSITY HEALTH CENTER St. s Of W. A. v. SEBELIUS, In, 575 F.3d 609 (6th Cir. 2009)

. . . . § 413.80(d). . . .

ABINGTON CREST NURSING AND REHABILITATION CENTER, v. O. LEAVITT,, 541 F. Supp. 2d 99 (D.D.C. 2008)

. . . . § 413.80(b), (d). . . . . § 413.80(d) (regulation adopting similar provision). . . . (d); see also id. § 413.80(e) (setting out the specific criteria that bad debts must met to be allowable . . . See 42 C.F.R. § 413.80(d) (“To assure that such covered service costs are not borne by others, the costs . . . , citations herein are made to 42 C.F.R. § 413.80 (1999). . . . .

DIALYSIS CLINIC, INC. v. O. LEAVITT,, 518 F. Supp. 2d 197 (D.D.C. 2007)

. . . . § 413.80(b). . . . To the contrary, §§ 413.170(e)(3) and 413.80(e) expressly encompass “covered services.” . . . As discussed above, 42 C.F.R. § 413.80(e) sets forth the criteria for allowable bad debt. . . . Section 413.80(e) does not leave the definition of allowable bad debt to the Secretary’s discretion. . . . See 42 C.F.R. § 413.80(d) (1996). . . .

BATTLE CREEK HEALTH SYSTEM v. LEAVITT,, 498 F.3d 401 (6th Cir. 2007)

. . . . § 413.80(e)(3) and (4). . . . Before October 1, 2004, this same regulatory provision was found at 42 C.F.R. § 413.80. 69 Fed.Reg. 48916 . . . When plaintiffs first sought recovery of the bad debts, this provision was found at 42 C.F.R. § 413.80 . . . Section 413.80 was redesignated as § 413.89 at 69 Fed.Reg. 48916 (Aug. 11, 2004, effective Oct. 1, 2004 . . .

BATTLE CREEK HEALTH SYSTEMS, v. G. THOMPSON,, 423 F. Supp. 2d 755 (W.D. Mich. 2006)

. . . . § 413.80(d). . . .

COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA St. St. St. s v. G. THOMPSON,, 323 F.3d 782 (9th Cir. 2003)

. . . . § 413.80(d) (2002). . . . See 42 C.F.R. § 413.80(d). C. . . . Section 413.80(e) of Title 42 of the Code of Federal Regulations provides as follows: (e) Criteria for . . . Administrator, found that the must-bill policy is a “fundamental requirement to demonstrate,” as required by § 413.80 . . . regulations can be read as not precluding the possibility of a provider’s estabhshing the criteria of § 413.80 . . .

GCI HEALTH CARE CENTERS, INC. d b a v. THOMPSON,, 209 F. Supp. 2d 63 (D.D.C. 2002)

. . . . § 413.80. . . . Plaintiff asserts that nothing in Section 413.80 implies “that a bad debt that satisfies the criteria . . . set forth in § 413.80 will not be reimbursable by Medicare when a state fails and refuses to pay the . . . debt” and that therefore, § 322 is a “supplement to and deviation from 42 C.F.R. § 413.80.” . . . Mem. at 16, 19, 21; see also 42 C.F.R. § 413.80. 1. . . .

TELEDYNE, INC. v. UNITED STATES,, 50 Fed. Cl. 155 (Fed. Cl. 2001)

. . . . § 413.80(a). . . . As stated in CAS 413.80(b), the “Standard shall be followed by each contractor on or after the start . . . applicable cost accounting period after March 10, 1978, the effective date for CAS 413. 4 C.F.R. § 413.80 . . . Pursuant to CAS 413.80(2), CAS 413 became applicable to Teledyne on January 1, 1979, which was "the start . . . Id. § 413.80(b). . . . .

FISCHER v. UNITED STATES, 529 U.S. 667 (U.S. 2000)

. . . . § 413.80(d) (“Under Medicare . . . costs of services provided for other than beneficiaries are not . . .

MAINEGENERAL MEDICAL CENTER, v. E. SHALALA, U. S., 205 F.3d 493 (1st Cir. 2000)

. . . . § 413.80(d). . . .

MT. SINAI HOSPITAL MEDICAL CENTER, v. SHALALA,, 196 F.3d 703 (7th Cir. 1999)

. . . . § 413.80(d). . . . . § 413.80(e). . . . collection efforts in regard to Medicare bad debts can be considered “reasonable” under 42 C.F.R. § 413.80 . . . to Medicare accounts and would not qualify for reimbursement of Medicare bad debts under 42 C.F.R. § 413.80 . . . Such rules and regulations include both the rule on reasonable collection efforts in 42 C.F.R. § 413.80 . . .

DETROIT RECEIVING HOSPITAL v. E. SHALALA,, 999 F. Supp. 944 (E.D. Mich. 1998)

. . . . § 413.80(e) sets forth the criteria which must be met in order for a bad debt to be considered an allowable . . . However, Plaintiff argues that the PRM is not a valid and binding regulation, and that under 413.80, . . . Regulation 413.80(e)(2) clearly does not require.that Medicare accounts be referred to a collection agency . . .

KIDNEY CENTER OF HOLLYWOOD, v. E. SHALALA,, 133 F.3d 78 (D.C. Cir. 1998)

. . . . § 413.80(b)(1), (e). . . .

UNIVERSITY HEALTH SERVICES, INC. v. HEALTH HUMAN SERVICES,, 120 F.3d 1145 (11th Cir. 1997)

. . . . § 413.80(e). . . . and non-Medicare accounts dissimilarly, in the absence of a financial justification, see 42 C.F.R. § 413.80 . . .

HENNEPIN COUNTY MEDICAL CENTER, v. E. SHALALA,, 81 F.3d 743 (8th Cir. 1996)

. . . . § 413.80(e). . . . allowable bad debt has remained essentially unchanged since it was promulgated in 1966. 42 C.F.R. § 413.80 . . .

E. SHALALA, v. ST. PAUL- RAMSEY MEDICAL CENTER, a, 50 F.3d 522 (8th Cir. 1995)

. . . . § 413.80(d). . . . . § 413.80(e). . . .

HARRIS COUNTY HOSPITAL DISTRICT, v. E. SHALALA,, 863 F. Supp. 404 (S.D. Tex. 1994)

. . . . § 413.80(e). . . . business judgment must establish that there was no likelihood of recovery in the future. 42 C.F.R. § 413.80 . . .

GOOD SAMARITAN HOSPITAL v. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, 508 U.S. 402 (U.S. 1993)

. . . See 42 CFR §413.80 (1992). . . .

PALMS OF PASADENA HOSPITAL, v. SULLIVAN, M. D., 932 F.2d 982 (D.C. Cir. 1991)

. . . . § 413.80(a) & (c). . . . the related costs of covered services being borne by other than Medicare beneficiaries.” 42 C.F.R. § 413.80 . . . losses, but it does so only after the Medicare patients’ accounts actually become worthless. 42 C.F.R. § 413.80 . . . seems, that Palms’ accounting treatment flies in the face of the bad debt regulations in 42 C.F.R. § 413.80 . . .

H. PATE, v. GENERAL MOTORS CORPORATION,, 89 F.R.D. 342 (N.D. Miss. 1981)

. . . Fees for witnesses........... 413.80 5. . . . John Ray (deposition of 12/7/78) 30.00 10.00 40.00 TOTAL $413.80 . . .