Florida Senate - 2018                                    SB 1862
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00805A-18                                           20181862__
    1                        A bill to be entitled                      
    2         An act relating to physician fee sharing; amending ss.
    3         458.331 and 459.015, F.S.; revising an exemption
    4         relating to grounds for disciplinary action by the
    5         Boards of Medicine and Osteopathic Medicine and the
    6         Department of Health to authorize specified forms of
    7         payment to a physician or osteopathic physician,
    8         respectively; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (i) of subsection (1) of section
   13  458.331, Florida Statutes, is amended to read:
   14         458.331 Grounds for disciplinary action; action by the
   15  board and department.—
   16         (1) The following acts constitute grounds for denial of a
   17  license or disciplinary action, as specified in s. 456.072(2):
   18         (i) Paying or receiving any commission, bonus, kickback, or
   19  rebate, or engaging in any split-fee arrangement in any form
   20  whatsoever with a physician, organization, agency, or person,
   21  either directly or indirectly, for patients referred to
   22  providers of health care goods and services, including, but not
   23  limited to, hospitals, nursing homes, clinical laboratories,
   24  ambulatory surgical centers, or pharmacies. The provisions of
   25  This paragraph may shall not be construed to preclude a
   26  physician from entering into an alternative payment arrangement
   27  that otherwise complies with federal and state law or to
   28  preclude prevent a physician from receiving one or more of the
   29  following forms of payment or compensation, as long as the forms
   30  of payment or compensation comply with federal and state law:
   31         1. A fee for professional consultation services; or
   32         2. If the physician is an employee or independent
   33  contractor of the entity compensating the physician, a share of:
   34         a. Profits, collections, or revenues based on the
   35  professional services provided by the physician, or on his or
   36  her direct supervision of the provision of such professional
   37  services, which are provided on behalf of the entity
   38  compensating the physician; or
   39         b. Overall profit or revenue of the entity compensating the
   40  physician, provided that such share is not determined in a
   41  manner that directly takes into account the volume or value of
   42  services ordered by, but not performed by, or performed under
   43  the direct supervision of, the physician.
   44         Section 2. Paragraph (j) of subsection (1) of section
   45  459.015, Florida Statutes, is amended to read:
   46         459.015 Grounds for disciplinary action; action by the
   47  board and department.—
   48         (1) The following acts constitute grounds for denial of a
   49  license or disciplinary action, as specified in s. 456.072(2):
   50         (j) Paying or receiving any commission, bonus, kickback, or
   51  rebate, or engaging in any split-fee arrangement in any form
   52  whatsoever with a physician, organization, agency, person,
   53  partnership, firm, corporation, or other business entity, for
   54  patients referred to providers of health care goods and
   55  services, including, but not limited to, hospitals, nursing
   56  homes, clinical laboratories, ambulatory surgical centers, or
   57  pharmacies. The provisions of This paragraph may shall not be
   58  construed to preclude an osteopathic physician from entering
   59  into an alternative payment arrangement that otherwise complies
   60  with federal and state law or to preclude prevent an osteopathic
   61  physician from receiving one or more of the following forms of
   62  payment or compensation, as long as the forms of payment or
   63  compensation comply with federal and state law:
   64         1. A fee for professional consultation services; or
   65         2. If the osteopathic physician is an employee or
   66  independent contractor of the entity compensating the
   67  osteopathic physician, a share of:
   68         a. Profits, collections, or revenues based on the
   69  professional services provided by the osteopathic physician, or
   70  on his or her direct supervision of the provision of such
   71  professional services, which are provided on behalf of the
   72  entity compensating the osteopathic physician; or
   73         b. Overall profit or revenue of the entity compensating the
   74  osteopathic physician, provided that such share is not
   75  determined in a manner that directly takes into account the
   76  volume or value of services ordered by, but not performed by, or
   77  performed under the direct supervision of, the osteopathic
   78  physician.
   79         Section 3. This act shall take effect July 1, 2018.