HOUSE AMENDMENT
Bill No. HB 961 Barcode 945269
Amendment No. 03 (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Committee on Elder & Long-Term Care offered the following:
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13 Amendment
14 On page 4, line 10 through page 5, line 4
15 remove from the bill: all said lines
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17 and insert in lieu thereof:
18 400.4195 Rebates prohibited; penalties.--
19 (1) Except as provided in subsections (a), (b), or
20 (c), Iit is unlawful for any assisted living facility licensed
21 under this part to contract or promise to pay or receive any
22 commission, bonus, kickback, or rebate or engage in any
23 split-fee arrangement in any form whatsoever with any
24 physician, surgeon, organization, agency, or person, either
25 directly or indirectly, for residents referred to an assisted
26 living facility licensed under this part. A facility may
27 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. A person or agency
30 independent of the facility may provide placement or referral
31 services for a fee to individuals seeking assistance in
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File original & 9 copies 03/29/01
hhr0003 03:54 pm 00961-elt -945269
HOUSE AMENDMENT
Bill No. HB 961 Barcode 945269
Amendment No. 03 (for drafter's use only)
1 finding a suitable facility; however, any fee paid for
2 placement or referral services must be paid by the individual
3 looking for a facility, not by the facility.
4 (a) Any assisted living facility licensed under this
5 part may contract with an independent marketing agency as
6 defined in s. 400.4196.
7 (b) A person or agency independent of and not under
8 contract with a the facility licensed under this part may
9 provide placement or referral services for a fee to
10 individuals seeking assistance in finding a suitable facility;
11 however, any fee paid for placement or referral services must
12 be paid by the individual looking for a facility, not by the
13 facility.
14 (c) A facility may employ persons to market the
15 facility.
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17 (2)A violation of this subsection section shall be considered
18 patient brokering and is punishable as provided in s. 817.505.
19 Section 3. Section 400.4196, Florida Statutes, is
20 created to read:
21 400.4196 Independent marketing agency.--
22 For the purpose of s. 400.4195, an independent
23 marketing agency shall be defined as:
24 (1) A person or corporation officially registered with
25 the Department of State, Division of Corporations to do
26 business in the state;
27 (2) A person or corporation that enters into contracts
28 with assisted living facilities under a nonexclusive contract
29 to market the facility to prospective residents; and
30 (3) A person or corporation that:
31 (a) Represents multiple facilities with different
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File original & 9 copies 03/29/01
hhr0003 03:54 pm 00961-elt -945269
HOUSE AMENDMENT
Bill No. HB 961 Barcode 945269
Amendment No. 03 (for drafter's use only)
1 owners; and
2 (b) Clearly indicates to prospective residents, prior
3 to referral, all facilities represented by the agency.
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5 Persons licensed as a physician or other health care
6 professional, or those employed as a social worker or case
7 manager by a state or federal government program may not own
8 or work for an independent marketing agency as defined herein.
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File original & 9 copies 03/29/01
hhr0003 03:54 pm 00961-elt -945269