Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1292
       
       
       
       
       
       
                                Barcode 374500                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2012           .                                
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       The Committee on Health Regulation (Norman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 227 and 228
    4  insert:
    5         Section 6. Section 429.195, Florida Statutes, is amended to
    6  read:
    7         429.195 Rebates prohibited; penalties.—
    8         (1) It is unlawful for an 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
   12  person, health care provider, or health care facility as
   13  provided under s. 817.505 physician, surgeon, organization,
   14  agency, or person, either directly or indirectly, for residents
   15  referred to an assisted living facility licensed under this
   16  part. A facility may employ or contract with persons to market
   17  the facility, provided the employee or contract provider clearly
   18  indicates that he or she represents the facility. A person or
   19  agency independent of the facility may provide placement or
   20  referral services for a fee to individuals seeking assistance in
   21  finding a suitable facility; however, any fee paid for placement
   22  or referral services must be paid by the individual looking for
   23  a facility, not by the facility.
   24         (2) This section does not apply to:
   25         (a) An individual employed by the assisted living facility,
   26  or with whom the facility contracts to provide marketing
   27  services for the facility, if the individual clearly indicates
   28  that he or she works with or for the facility.
   29         (b) Payments by an assisted living facility to a referral
   30  service that provides information, consultation, or referrals to
   31  consumers to assist them in finding appropriate care or housing
   32  options for seniors or disabled adults if the referred consumers
   33  are not Medicaid recipients.
   34         (c) A resident of an assisted living facility who refers a
   35  friend, family members, or other individuals with whom the
   36  resident has a personal relationship to the assisted living
   37  facility, in which case the assisted living facility may provide
   38  a monetary reward to the resident for making such referral.
   39         (3)(2) A violation of this section is shall be considered
   40  patient brokering and is punishable as provided in s. 817.505.
   41  
   42         Between lines 266 and 267
   43  insert:
   44         Section 8. Paragraph (j) is added to subsection (3) of
   45  section 817.505, Florida Statutes, to read:
   46         817.505 Patient brokering prohibited; exceptions;
   47  penalties.—
   48         (3) This section shall not apply to:
   49         (j) Any exemptions relating to assisted living facilities
   50  provided under s. 429.195(2).
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53         And the title is amended as follows:
   54         Delete line 2
   55  and insert:
   56         An act relating to health care facilities; amending
   57  
   58         Delete line 24
   59  and insert:
   60         429.195, F.S.; revising provisions prohibiting certain
   61         rebates relating to assisted living facilities;
   62         amending s. 429.905, F.S.; defining the term “day” for
   63         purposes of
   64  
   65         Delete lines 32 - 46
   66  and insert:
   67         amending s. 817.505, F.S.; conforming provisions to
   68         changes made by the act; providing an effective date.