SENATE AMENDMENT
    Bill No. CS for SB 1652
    Amendment No. ___   Barcode 381076
                            CHAMBER ACTION
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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
16  
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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    8:58 PM   04/23/01                              s1652c1c-13e1l

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 2 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. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 1, line 10, after the semicolon, 10 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; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:58 PM 04/23/01 s1652c1c-13e1l