HOUSE AMENDMENT
Bill No. CS/HB 1819
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Harper and Melvin offered the following:
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13 Amendment to Amendment (160207)
14 On page 8, line 14 through page 9, line 13,
15 remove from the amendment: all of said lines
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17 and insert in lieu thereof:
18 (1) "Broker" means any person not possessing a license
19 or reporting under chapter 395, chapter 400, chapter 458,
20 chapter 459, chapter 460, chapter 461, or chapter 641 who
21 charges or receives compensation for any use of medical
22 equipment. Broker shall be defined as: a person or entity
23 which pays or receives a rebate or kickback in cash or in kind
24 in exchange for the referral of a patient; a lessor, sublessor
25 or other contractual arrangements for equipment where the
26 payment for equipment varies based upon reimbursement by
27 patient or insurance company is considered to be not at risk
28 and is therefore a broker. A lessor, sublessor or other
29 contractual arrangement for equipment where payments are made
30 under such arrangements regardless of reimbursement is
31 considered to be at risk and is therefore not a broker. For
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File original & 9 copies 04/27/01
hbd0001 03:48 pm 01819-0084-184091
HOUSE AMENDMENT
Bill No. CS/HB 1819
Amendment No. ___ (for drafter's use only)
1 purposes of this section, such owner or lessee may be an
2 individual, a corporation, a partnership, or any other entity.
3 The term "broker" does not include a hospital or physician
4 management company whose medical equipment is ancillary to the
5 practices managed, a debt collection agency, or a magnetic
6 resonance imaging (MRI) provider or magnetic resonance imaging
7 (MRI) leasing company that has entered into a preferred
8 provider agreement (PPO) through good faith bargaining and
9 mutally acceptable terms and conditions to reduce costs and
10 prevent fraud, nor does the term include a management company
11 that has contracted to provide general management services for
12 a licensed physician or health care facility and whose
13 compensation is not materially affected by the usage or
14 frequency of usage of medical equipment or an entity that is
15 100-percent owned by one or more hospitals or physicians.
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File original & 9 copies 04/27/01
hbd0001 03:48 pm 01819-0084-184091