HOUSE AMENDMENT
                                               Bill No. CS/HB 1819
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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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. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 File original & 9 copies 04/27/01 hbd0001 03:48 pm 01819-0084-184091