The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.054

456.054 Kickbacks prohibited.—

(1) As used in this section, the term “kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense.

(2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.

(3)(a) It is unlawful for any person or any entity to pay or receive, directly or indirectly, a commission, bonus, kickback, or rebate from, or to engage in any form of a split-fee arrangement with, a dialysis facility, health care practitioner, surgeon, person, or entity for referring patients to a clinical laboratory as defined in s. 483.803.

(b) It is unlawful for any clinical laboratory to:

1. Provide personnel to perform any functions or duties in a health care practitioner’s office or dialysis facility for any purpose, including for the collection or handling of specimens, directly or indirectly through an employee, contractor, independent staffing company, lease agreement, or otherwise, unless the laboratory and the practitioner’s office, or dialysis facility, are wholly owned and operated by the same entity.

2. Lease space within any part of a health care practitioner’s office or dialysis facility for any purpose, including for the purpose of establishing a collection station where materials or specimens are collected or drawn from patients.

(4) Violations of this section shall be considered patient brokering and shall be punishable as provided in s. 817.505.

History.—s. 8, ch. 92-178; s. 2, ch. 96-152; s. 79, ch. 97-261; s. 8, ch. 99-204; s. 78, ch. 2000-160; s. 6, ch. 2006-305; s. 91, ch. 2018-24.

Note.—Former s. 455.237; s. 455.657.

F.S. 456.054 on Google Scholar

F.S. 456.054 on Casetext

Amendments to 456.054

Arrestable Offenses / Crimes under Fla. Stat. 456.054

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.054.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GOVERNMENT EMPLOYEES INSURANCE CO. v. QUALITY DIAGNOSTIC HEALTH CARE, INC., 369 F. Supp. 3d 1292 (S.D. Fla. 2019)

. . . . § 456.054 ("Anti-Kickback Statute") when, in fact, Quality was actually non-compliant with the Clinic . . .

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

. . . . § 456.054 (2012) The Anti-Kickback Statute makes it "unlawful for any health care provider ... to offer . . . Stat. § 456.054(2). . . . Id. § 456.054(1). . . . Id. § 456.054. C. Anti-Rebate Statute, Fla. . . . Stat. § 456.054(1). . . .

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

. . . because such services are “the product of an arrangement prohibited by Florida Statutes §§ 395.0185, 456.054 . . . not owed because they are the product of an arrangement prohibited by Florida Statutes §§ 395.0185, 456.054 . . . asserts that Defendants’ conduct violates Florida Statutes §§ 817.505 (Patient Brokering Statute), 456.054 . . .

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

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

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. PHYSICIANS GROUP OF SARASOTA, L. L. C. L. L. C. a DB W. S. a W. S., 9 F. Supp. 3d 1303 (M.D. Fla. 2014)

. . . . § 456.054), the Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201 et seq.) . . . Stat. §§ 817.505, 456.053, 456.054, and 460.413(d), (f), and (Z)); Fla. Admin. . . .

UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

. . . . § 456.054, as well as the prohibition against physician fee-splitting, § Fla. . . .

UNIVERSITY MEDICAL CLINICS, INC. Dr. H. v. QUALITY HEALTH PLANS, INC. a, 51 So. 3d 1191 (Fla. Dist. Ct. App. 2011)

. . . . §§ 1320a-7b(b)(1)-(2); § 456.054, Fla. Stat. . . .

NATIONWIDE MUTUAL COMPANY, v. FT. MYERS TOTAL REHAB CENTER, INC. DC,, 657 F. Supp. 2d 1279 (M.D. Fla. 2009)

. . . contendere to insurance fraud under s. 817.234, patient brokering under s. 817.505, or kickbacks under s. 456.054 . . . contendere to insurance fraud under s. 817.234, patient brokering under s. 817.505, or kickbacks under s. 456.054 . . .

REGIONAL MRI OF ORLANDO, INC. v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,, 884 So. 2d 1102 (Fla. Dist. Ct. App. 2004)

. . . billing practice resulted in an illegal fee split or brokering arrangement in violation of sections 456.054 . . . Section 456.054 prohibits kickbacks and states: (1) As used in this section, the term ''kickback” means . . .

H. HARRIS, s H. s v. GONZALEZ, M. D. a A., 789 So. 2d 405 (Fla. Dist. Ct. App. 2001)

. . . Ch. 00-160, § 77, Laws of Fla.. .The current version of this statute is section 456.054, Florida Statutes . . .