SENATE AMENDMENT
Bill No. CS for SB 1652
Amendment No. ___ Barcode 381076
CHAMBER ACTION
Senate House
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11 Senator Crist moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, line 9, through
15 page 5, line 4, delete those lines
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17 and insert:
18 400.4195 Rebates prohibited; penalties.--
19 (1) Except as provided in paragraph (a), paragraph
20 (b), or paragraph (c), it is unlawful for any assisted living
21 facility licensed under this part to contract or promise to
22 pay or receive any commission, bonus, kickback, or rebate or
23 engage in any split-fee arrangement in any form whatsoever
24 with any physician, surgeon, organization, agency, or person,
25 either directly or indirectly, for residents referred to an
26 assisted living facility licensed under this part. A facility
27 may employ or contract with persons to market the facility,
28 provided the employee or contract provider clearly indicates
29 that he or she represents the facility.
30 (a) Any assisted living facility licensed under this
31 part may contract with an independent marketing agency as
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SENATE AMENDMENT
Bill No. CS for SB 1652
Amendment No. ___ Barcode 381076
1 defined in s. 400.4196.
2 (b) A person or agency independent of and not under
3 contract with a the facility licensed under this part may
4 provide placement or referral services for a fee to
5 individuals seeking assistance in finding a suitable facility;
6 however, any fee paid for placement or referral services must
7 be paid by the individual looking for a facility, not by the
8 facility.
9 (c) A facility may employ persons to market the
10 facility.
11 (2) A violation of this section shall be considered
12 patient brokering and is punishable as provided in s. 817.505.
13 Section 3. Section 400.4196, Florida Statutes, is
14 created to read:
15 400.4196 Independent marketing agency.--
16 (1) As used in s. 400.4195 and this section, the term
17 "independent marketing agency" means a person or corporation
18 that:
19 (a) Is officially registered with the Department of
20 State, Division of Corporations, to do business in this state;
21 (b) Enters into contracts with assisted living
22 facilities under a nonexclusive contract to market the
23 facility to prospective residents; and
24 (c)1. Represents multiple facilities with different
25 owners; and
26 2. Clearly indicates to prospective residents, prior
27 to referral, all facilities that are represented by the
28 agency.
29 (2) A person who is licensed as a physician or other
30 health care professional, or who is employed as a social
31 worker or case manager by a state or federal government
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8:58 PM 04/23/01 s1652c1c-13e1l
SENATE AMENDMENT
Bill No. CS for SB 1652
Amendment No. ___ Barcode 381076
1 program, may not own or work for an independent marketing
2 agency.
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4 (Redesignate subsequent sections.)
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8 And the title is amended as follows:
9 On page 1, line 10, after the semicolon,
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11 insert:
12 creating s. 400.4196, F.S.; defining the term
13 "independent marketing agency"; prohibiting
14 certain professionals from working for such an
15 agency;
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