SENATE AMENDMENT
    Bill No. CS for SB 1652
    Amendment No. ___   Barcode 113226
                            CHAMBER ACTION
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11  Senator Crist moved the following substitute for amendment
12  (381076):
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14         Senate Amendment 
15         On page 4, line 9, through
16            page 5, line 4, delete those lines
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18  and insert:  
19         400.4195  Rebates prohibited; penalties.--
20         (1)  Except as provided in subsection (2), it is
21  unlawful for any assisted living facility, or any person or
22  agency employed by or contracting with the facility, licensed
23  under this part to contract or promise to pay or receive any
24  commission, bonus, kickback, or rebate or engage in any
25  split-fee arrangement in any form whatsoever with any health
26  care practitioner, health care facility, or other physician,
27  surgeon, organization, agency, or person, either directly or
28  indirectly, for residents referred to an assisted living
29  facility licensed under this part.
30         (2)  A facility may employ or contract with persons or
31  agencies  to market the facility for a fee or commission based
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    10:11 AM   04/30/01                             s1652c1b-13b0a

SENATE AMENDMENT Bill No. CS for SB 1652 Amendment No. ___ Barcode 113226 1 on the volume or value of referrals to the facility, provided 2 that: 3 (a) The facility is not subject to the provisions of 4 42 U.S.C. s. 1320a-7b; 5 (b) Payment to the contract provider is made under a 6 nonexclusive contract; 7 (c) The contract provider represents multiple 8 facilities with different owners; 9 (d) The employee or contract provider clearly 10 indicates to all clients prior to referral that he or she 11 represents the facility, in addition to all other facilities 12 represented by the person or agency; and 13 (e) The employee or contract provider also is not a 14 health care practitioner in a position to make referrals to an 15 assisted living facility or employed by a health care facility 16 or any other organization or agency in a position to make 17 referrals to an assisted living facility or does not have an 18 ownership interest in an assisted living facility. 19 (3) A person or agency independent of and not under 20 contract with a the facility may provide placement or referral 21 services for a fee to individuals seeking assistance in 22 finding a suitable facility; however, any fee paid for 23 placement or referral services must be paid by the individual 24 looking for a facility, not by the facility. 25 (4)(2) A violation of this section shall be considered 26 patient brokering and is punishable as provided in s. 817.505. 27 28 29 30 31 2 10:11 AM 04/30/01 s1652c1b-13b0a