Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1736
       
       
       
       
       
       
                                Barcode 553056                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Regulation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3310 and 3311
    4  insert:
    5         Section 88. Section 429.195, Florida Statutes, is amended
    6  to read:
    7         429.195 Rebates prohibited; penalties.—
    8         (1) It is unlawful for any assisted living facility
    9  licensed under this part to contract or promise to pay or
   10  receive any commission, bonus, kickback, or rebate or engage in
   11  any split-fee arrangement in any form whatsoever with any health
   12  care provider or health care facility under s. 817.505
   13  physician, surgeon, organization, agency, or person, either
   14  directly or indirectly, for residents referred to an assisted
   15  living facility licensed under this part. A facility may employ
   16  or contract with persons to market the facility, provided the
   17  employee or contract provider clearly indicates that he or she
   18  represents the facility. A person or agency independent of the
   19  facility may provide placement or referral services for a fee to
   20  individuals seeking assistance in finding a suitable facility;
   21  however, any fee paid for placement or referral services must be
   22  paid by the individual looking for a facility, not by the
   23  facility.
   24         (2) A violation of this section shall be considered patient
   25  brokering and is punishable as provided in s. 817.505.
   26         (3) This section does not apply to:
   27         (a) An individual with whom the facility employs or
   28  contracts with to market the facility if the individual clearly
   29  indicates that he or she works with or for the facility.
   30         (b) A referral service that provides information,
   31  consultation, or referrals to consumers to assist them in
   32  finding appropriate care or housing options for senior citizens
   33  or disabled adults if such referred consumers are not Medicaid
   34  recipients.
   35         (c) A resident of an assisted living facility who refers to
   36  the assisted living facility a friend, family member, or other
   37  individual with whom the resident has a personal relationship,
   38  and the assisted living facility is not prohibited from
   39  providing a monetary reward to the resident for making such a
   40  referral.
   41         Section 89. Paragraph (j) is added to subsection (3) of
   42  section 817.505, Florida Statutes, to read:
   43         817.505 Patient brokering prohibited; exceptions;
   44  penalties.—
   45         (3) This section shall not apply to:
   46         (j) Any payment by an assisted living facility, as defined
   47  in s. 429.02, which is permitted under s. 429.195(3).
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50         And the title is amended as follows:
   51         Delete line 260
   52  and insert:
   53         the definition of “health care provider”; amending s.
   54         429.195, F.S.; prohibiting an assisted living facility
   55         from contracting or promising to pay or receive any
   56         commission, bonus, kickback, or rebate or engage in
   57         any split-fee arrangement with any health care
   58         provider or health care facility; providing
   59         exceptions; amending s. 817.505, F.S.; providing that
   60         it is not patient brokering for an assisted living
   61         facility to offer payment under certain circumstances;
   62         amending ss.