SENATE AMENDMENT
Bill No. CS for SB 1652
Amendment No. ___ Barcode 113226
CHAMBER ACTION
Senate House
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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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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.
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