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The Florida Statutes

The 2001 Florida Statutes

Title XXIX
Public Health
Chapter 400
Nursing Homes And Related Health Care Facilities
View Entire Chapter
Section 400.4195, Florida Statutes 2001

400.4195  Rebates prohibited; penalties.--

(1)  It is unlawful for any assisted living facility licensed under this part to contract or promise to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any physician, surgeon, organization, agency, or person, either directly or indirectly, for residents referred to an assisted living facility licensed under this part. A facility may employ or contract with persons to market the facility, provided the employee or contract provider clearly indicates that he or she represents the facility. A person or agency independent of the facility may provide placement or referral services for a fee to individuals seeking assistance in finding a suitable facility; however, any fee paid for placement or referral services must be paid by the individual looking for a facility, not by the facility.

(2)  A violation of this section shall be considered patient brokering and is punishable as provided in s. 817.505.

History.--ss. 18, 25, ch. 89-294; s. 13, ch. 91-263; ss. 15, 38, 39, ch. 93-216; s. 773, ch. 95-148; s. 12, ch. 95-210; s. 14, ch. 98-80.

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