Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1419, 1st Eng.
                                Barcode 208794                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Fasano moved the following:
    1         Senate Amendment to Amendment (609984) (with title
    2  amendment)
    4         Between lines 3687 and 3688
    5  insert:
    6         Section 87. Subsection (1) of section 483.245, Florida
    7  Statutes, is amended, and subsection (3) is added to that
    8  section, to read:
    9         483.245 Rebates prohibited; penalties.—
   10         (1) It is unlawful for any person to pay or receive any
   11  commission, bonus, kickback, or rebate or engage in any split
   12  fee arrangement in any form whatsoever with any dialysis
   13  facility, physician, surgeon, organization, agency, or person,
   14  either directly or indirectly, for patients referred to a
   15  clinical laboratory licensed under this part. A clinical
   16  laboratory is prohibited from providing, directly or indirectly,
   17  through employees, contractors, an independent staffing company,
   18  lease agreement, or otherwise, personnel to perform any
   19  functions or duties in a physician’s office, or any part of a
   20  physician’s office, for any purpose whatsoever, including for
   21  the collection or handling of specimens, unless the laboratory
   22  and the physician’s office are wholly owned and operated by the
   23  same entity. A clinical laboratory is prohibited from leasing
   24  space within any part of a physician’s office for any purpose,
   25  including for the purpose of establishing a collection station.
   26         (3) The agency shall promptly investigate all complaints of
   27  noncompliance with subsection (1). The agency shall impose a
   28  fine of $5,000 for each separate violation of subsection (1). In
   29  addition, the agency shall deny an application for a license or
   30  license renewal if the applicant, or any other entity with one
   31  or more common controlling interests in the applicant,
   32  demonstrates a pattern of violating subsection (1). A pattern
   33  may be demonstrated by a showing of at least two such
   34  violations.
   36  ================= T I T L E  A M E N D M E N T ================
   37         And the title is amended as follows:
   38         Delete line 4303
   39  and insert:
   40         notice and impose administrative penalties and fines;
   41         amending s. 483.245, F.S.; providing that a clinical
   42         laboratory is prohibited from providing personnel to
   43         perform functions or duties in a physician’s office
   44         unless the laboratory and the physician’s office are
   45         owned and operated by the same entity; prohibiting a
   46         clinical laboratory from leasing space in a
   47         physician’s office; requiring the agency to
   48         investigate complaints, impose fines, and deny an
   49         application for a license or license renewal under
   50         certain circumstances;