Florida/Georgia Personal Injury & Workers Compensation

...1991 version of the statute. See § 458.331(1)(i), Fla. Stat. (2000). [3] This subsection was subsequently repealed. Ch. 92-178, Laws of Fla. [4] Previously section 455.654. Ch. 00-160, § 77, Laws of Fla.. [5] The current version of this statute is section 456.054, Florida Statutes (2000), and it contains the following additional subsection: (3) Violations of this section shall be considered patient brokering and shall be punishable as provided in s....

...NOTES [1] The testimony outlined allegations, if proven, which could potentially violate CMS regulations, as well as various statutes, including prohibitions on inducements for the utilization of provider services, such as anti-kickback prohibitions. See 42 U.S.C. §§ 1320a-7b(b)(1)-(2); § 456.054, Fla....

...for referring patients to or from a health care provider. Id. § 817.505(1)(b). It is also unlawful to aid, abet, advise, or otherwise participate in the conduct prohibited by the statute. Id. § 817.5050(1)(d). B. Anti-Kickback Statute, Fla. Stat. § 456.054 (2012) The Anti-Kickback Statute makes it "unlawful for any health care provider ... to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients." Fla. Stat. § 456.054 (2). A kickback is "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. Id. § 456.054(1). "Violations of [ section 456.054 ] shall be considered patient brokering and shall be punishable as provided in s. 817.505." Id. § 456.054....

...kback. A "kickback" is a payment made pursuant to an agreement by a provider of health care services of a portion of the charges for services rendered to a referring health care provider as incentive to refer patients for future services. Fla. Stat. § 456.054 (1)....

...Specifically, United alleges that defendants engaged in an extensive advertising and marketing campaign, netting dozens of chiropractors who were paid between $4000 and $5000 per MUA patient referral, all in violation of Florida’s Patient Brokering Act, Fla. Stat. § 817.505 and Anti-Kickback Statute, Fla. Stat. § 456.054 , as well as the prohibition against physician fee-splitting, § Fla....

...l MRI could not bill for services provided by Dr. Floyd since he was not their employee. As a secondary argument, Nationwide asserted that Regional's billing practice resulted in an illegal fee split or brokering arrangement in violation of sections 456.054 and 817.505(1), Florida Statutes....

...[2] On the same day, Odell assigned his PIP benefits and cause of action to Regional MRI. [3] The parties also entered into a joint stipulation on November 18, 2002, that Dr. Floyd is an independent contractor and not an employee of Regional MRI. [4] Section 456.054 prohibits kickbacks and states: (1) As used in this section, the term "kickback" means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise, by a provider of health care services or...

...ese services under Florida Statute Section 627.736(5)(b)(l)(b), based on Defendants’ alleged violations of the Patient Brokering Act (Fla.Stat. § 817.505), the Patient Self-Referral Act (Fla.Stat. § 456.053), the Anti-Kickback Statute (Fla.Stat. § 456.054), the Deceptive and Unfair Trade Practices Act ( Fla....

...1-3-l^f) But the issues raised in State Farm’s complaint do not implicate the regulation of such referral services. Counts I-IV rely on alleged violations of state statutes and rules that govern referral and advertising practices of medical and chiropractic care providers ( Fla. Stat. §§ 817.505 , 456.053, 456.054, and 460.413(d), (f), and (Z)); Fla....

...uality was operating in compliance with Florida's Health Care Clinic Act, Fla Stat. §§ 400.900- 400.995 ("Clinic Act"), Florida's Patient Brokering Act, Fla Stat. § 817.505 ("Patient Brokering Act"), and Florida's Anti-Kickback Statute, Fla Stat. § 456.054 ("Anti-Kickback Statute") when, in fact, Quality was actually non-compliant with the Clinic Act, the Patient Brokering Act, and the Anti-Kickback Statute, and thus Quality was not eligible to receive PIP reimbursement, because: (1) Quality...

...ts were engaged in an illegal kickback scheme with various personal injury attorneys and primary care providers to induce and reward patient referrals, in violation of Florida’s Anti-Kickback Statute, see FLA. STAT. § 456.054, and Florida’s Patient Brokering Act, see FLA. STAT....

and must be documented in the medical record.” § 456.54(3)(a), Fla. Stat. (2012). Given the petitioner’s