The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 395
HOSPITAL LICENSING AND REGULATION

View Entire Chapter

F.S. 395.0185

395.0185 Rebates prohibited; penalties.—

(1) It is unlawful for any person 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, or person, either directly or indirectly, for patients referred to a licensed facility.

(2) The agency shall enforce subsection (1). In the case of an entity not licensed by the agency, administrative penalties may include:

(a) A fine not to exceed $1,000.

(b) If applicable, a recommendation by the agency to the appropriate licensing board that disciplinary action be taken.

History.—ss. 26, 30, ch. 82-182; ss. 10, 98, ch. 92-289; s. 42, ch. 2013-18.

F.S. 395.0185 on Google Scholar

F.S. 395.0185 on Casetext

Amendments to 395.0185

Arrestable Offenses / Crimes under Fla. Stat. 395.0185

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 395.0185.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PERFORMANCE ORTHAPAEDICS NEUROSURGERY, LLC,, 315 F. Supp. 3d 1291 (S.D. Fla. 2018)

. . . . § 395.0185 (2012) Pursuant to the Anti-Rebate Statute, it is "unlawful for any person to pay or receive . . . Stat. § 395.0185(1). D. Insurance Fraud Statute, Fla. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PERFORMANCE ORTHOPAEDICS NEUROSURGERY, LLC,, 278 F. Supp. 3d 1307 (S.D. Fla. 2017)

. . . 1329-30, because such services are “the product of an arrangement prohibited by Florida Statutes §§ 395.0185 . . . herein, are not owed because they are the product of an arrangement prohibited by Florida Statutes §§ 395.0185 . . . violates Florida Statutes §§ 817.505 (Patient Brokering Statute), 456.054 (Anti-Kickback Statute), 395.0185 . . .

VISITING NURSE ASSOCIATION OF FLORIDA, INC. v. JUPITER MEDICAL CENTER, INC., 154 So. 3d 1115 (Fla. 2014)

. . . federal healthcare laws and regulations, including Florida’s Anti-Kickback Statutes (§§ 456.054 and 395.0185 . . .