June 03, 2020
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sb0276c1241048 CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048

                            CHAMBER ACTION
              Senate                               House
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11  Senator Crist moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 4, line 14, through

15            page 5, line 27,  delete those lines

16

17  and insert:

18         Section 2.  Section 400.4195, Florida Statutes, is

19  amended to read:

20         400.4195  Rebates prohibited; penalties.--

21         (1)  Except as provided in subsection (2), it is

22  unlawful for any assisted living facility, or any person or

23  agency employed by or contracting with the facility, licensed

24  under this part to contract or promise to pay or receive any

25  commission, bonus, kickback, or rebate or engage in any

26  split-fee arrangement in any form whatsoever with any health

27  care practitioner, health care facility, or other physician,

28  surgeon, organization, agency, or person, either directly or

29  indirectly, for residents referred to an assisted living

30  facility licensed under this part.

31         (2)(a)  A facility may employ or contract with persons

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048





  1  or agencies to market the facility for a fee or commission not

  2  based on the volume or value of referrals to the facility.

  3  Fees or commissions may be based on the volume or value of

  4  referrals to the facility when:

  5         (1)  The payment is not subject to the provisions of 42

  6  U.S.C. s. 1320a-7b;

  7         (2)  Payment to the contract provider is made under a

  8  nonexclusive contract;

  9         (3)  The contract provider represents multiple

10  facilities with different owners;, provided

11         (4)  The employee or contract provider clearly

12  indicates to all clients prior to referral that he or she

13  represents and is being compensated by the facility, in

14  addition to all other facilities represented by the person or

15  agency;

16         5.  The employee or contract provider:

17         a.  Is not a health care practitioner or employee,

18  vendor, or other contract provider of a health care facility

19  in a position to make referrals to an assisted living

20  facility;

21         b.  Is not employed by a health care facility, social

22  service agency, or any other organization in a position to

23  make referrals to an assisted living facility;

24         c.  Does not have an ownership interest in an assisted

25  living facility and is not related to a person with an

26  ownership interest in an assisted living facility;

27         d.  Does not contract with or pay a health care

28  facility, its employees, vendors, or other contract providers

29  for access to internal or external processes for discharge of

30  disabled persons over the age of 18 or frail and elderly

31  persons to assisted living facilities;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048





  1         e.  Cannot offer the client or referral any money or

  2  gift of value as an enticement for services;

  3         6.  A level 2 background screening must be conducted

  4  for the contract provider or related employees for the

  5  purposes of conducting screening under chapter 435;

  6         7.  Referral is made to a licensed facility;

  7         8.  The contract does not require the facility or the

  8  individual being referred to use any other services affiliated

  9  with or owned in whole or in part by the contract provider;

10         9.  The person referred remains a resident of the

11  facility for at least 90 days.

12         (b)  As used in this section, the term:

13         1.  "Facility" means an assisted living facility, as

14  defined in s. 400.402;

15         2.  "Contract provider" means a person, agency,

16  organization, or corporation that contracts with a facility to

17  market that facility to potential residents;

18         3.  "Health care facility" means the office of a health

19  care practitioner, a hospital licensed under chapter 395, a

20  long-term care hospital licensed under chapter 395 which meets

21  the requirements of 42 CFR s. 412.23(e), a skilled nursing

22  facility, a hospice, as defined in part IV of chapter 400, an

23  intermediate care facility for the developmentally disabled

24  licensed under chapter 393, or a community mental health

25  center licensed under chapter 394. A facility relying solely

26  on spiritual means through prayer for healing is not a health

27  care facility;

28         4.  "Health care practitioner" means a medical doctor

29  licensed under chapter 458, a doctor of osteopathy licensed

30  under chapter 459, a doctor of chiropractic medicine licensed

31  under chapter 460, a doctor of podiatric medicine licensed

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048





  1  under chapter 461, a doctor of dentistry licensed under

  2  chapter 466, or another health care professional regulated by

  3  the Department of Health;

  4         (c)1.  All contract providers must register with the

  5  agency. If the agency determines that a contract provider does

  6  not meet the requirements of this section, the registration

  7  shall be denied. If a registrant fails to comply with this

  8  section, the agency may revoke or suspend the registration.

  9         2.  As part of the registration process, the agency may

10  adopt by rule requirements for:

11         a.  Reporting of activity by a contract provider; and

12         b.  A process by which consumers or facilities may

13  register a complaint with the agency alleging a violation of

14  this section.

15         3.  The agency may adopt by rule any necessary fee

16  structure to cover the cost of administering the registration

17  and reporting requirements.

18         (d)1.  If the agency finds that any ground exists for

19  the revocation or suspension of a contract provider's

20  registration, the agency may, in lieu of revocation or

21  suspension, impose a fine upon the contract provider.

22         a.  With respect to any nonwillful violation, the fine

23  may not exceed $1,000 per violation, not to exceed a total of

24  $10,000 for all nonwillful violations arising out of the same

25  action.

26         b.  With respect to any knowing and willful violation,

27  the fine may not exceed $10,000 for each violation, not to

28  exceed a total of $100,000 for all knowing and willful

29  violations arising out of the same action.

30         2.  The agency must adopt by rule penalty categories

31  that specify varying ranges of monetary fines for willful and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048





  1  nonwillful violations.

  2         3.  The agency may also refer the contract provider to

  3  the appropriate law enforcement agency for enforcement under

  4  subsection (5).

  5         (3)  A person or agency independent of and not under

  6  contract with a the facility may provide placement or referral

  7  services for a fee to individuals seeking assistance in

  8  finding a suitable facility; however, any fee paid for

  9  placement or referral services must be paid by the individual

10  looking for a facility, not by the facility.

11         (4)  The agency shall adopt rules to implement this

12  section.

13         (5)(2)  A violation of this section shall be considered

14  patient brokering and is punishable as provided in s. 817.505.

15         Section 3.  Paragraph (j) is added to subsection (3) of

16  section 817.505, Florida Statutes, to read:

17         817.505  Patient brokering prohibited; exceptions;

18  penalties.--

19         (3)  This section shall not apply to:

20         (j)  Services authorized in s. 400.4195(2).

21         Section 4.  This act shall take effect upon becoming a

22  law.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 10, after the semicolon

28

29  insert:

30         authorizing the Agency for Health Care

31         Administration to adopt rules; amending s.

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    11:44 AM   02/28/02                             s0276c1c-13m0b




                                                  SENATE AMENDMENT

    Bill No. CS for SB 276

    Amendment No. ___   Barcode 241048





  1         817.505, F.S.; providing that certain penalties

  2         for patient brokering do not apply under such

  3         conditions;

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