(1) As used in this section, the term:
(a) “Bribe” means any consideration corruptly given, received, promised, solicited, or offered to any individual with intent or purpose to influence the performance of any act or omission.
(b) “Kickback” means that part of the payment for items or services which is returned to the payor by the provider of such items or services with the intent or purpose to induce the payor to purchase the items or services from the provider.
(2) Whoever furnishes items or services directly or indirectly to a nursing home resident and solicits, offers, or receives any:
(a) Kickback or bribe in connection with the furnishing of such items or services or the making or receipt of such payment; or
(b) Return of part of an amount given in payment for referring any such individual to another person for the furnishing of such items or services;
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by fine not exceeding $5,000, or both.
(3) No person shall, in connection with the solicitation of contributions to nursing homes, willfully misrepresent or mislead anyone, by any manner, means, practice, or device whatsoever, to believe that the receipts of such solicitation will be used for charitable purposes, if such is not the fact.
(4) Solicitation of contributions of any kind in a threatening, coercive, or unduly forceful manner by or on behalf of a nursing home by any agent, employee, owner, or representative of a nursing home shall be grounds for denial, suspension, or revocation of the license for any nursing home on behalf of which such contributions were solicited.
(5) The admission, maintenance, or treatment of a nursing home resident whose care is supported in whole or in part by state funds may not be made conditional upon the receipt of any manner of contribution or donation from any person. However, this may not be construed to prohibit the offer or receipt of contributions or donations to a nursing home which are not related to the care of a specific resident. Contributions solicited or received in violation of this subsection shall be grounds for denial, suspension, or revocation of a license for any nursing home on behalf of which such contributions were solicited.
History.—s. 16, ch. 69-309; s. 16, ch. 70-361; s. 3, ch. 76-168; s. 3, ch. 76-201; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 22, 79, 83, ch. 83-181; s. 30, ch. 93-177; s. 49, ch. 93-217.
Structure Florida Statutes
Chapter 400 - Nursing Homes and Related Health Care Facilities
Part II - Nursing Homes (Ss. 400.011-400.334)
400.0235 - Certain provisions not applicable to actions under this part.
400.0236 - Statute of limitations.
400.0237 - Punitive damages; pleading; burden of proof.
400.0238 - Punitive damages; limitation.
400.0239 - Quality of Long-Term Care Facility Improvement Trust Fund.
400.024 - Failure to satisfy a judgment or settlement agreement; required notification to claimants.
400.0255 - Resident transfer or discharge; requirements and procedures; hearings.
400.051 - Homes or institutions exempt from the provisions of this part.
400.062 - License required; fee; disposition.
400.0625 - Minimum standards for clinical laboratory test results and diagnostic X-ray results.
400.063 - Resident protection.
400.071 - Application for license.
400.0712 - Application for inactive license.
400.102 - Action by agency against licensee; grounds.
400.111 - Disclosure of controlling interest.
400.118 - Quality assurance; early warning system; monitoring; rapid response teams.
400.1183 - Resident grievance procedures.
400.126 - Receivership proceedings.
400.141 - Administration and management of nursing home facilities.
400.1413 - Volunteers in nursing homes.
400.1415 - Patient records; penalties for alteration.
400.142 - Emergency medication kits; orders not to resuscitate.
400.143 - Institutional formularies established by nursing home facilities.
400.145 - Copies of records of care and treatment of resident.
400.147 - Internal risk management and quality assurance program.
400.148 - Medicaid “Up-or-Out” Quality of Care Contract Management Program.
400.162 - Property and personal affairs of residents.
400.165 - Itemized resident billing, form and content prescribed by the agency.
400.17 - Bribes, kickbacks, certain solicitations prohibited.
400.172 - Respite care provided in nursing home facilities.
400.175 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
400.1755 - Care for persons with Alzheimer’s disease or related disorders.
400.176 - Rebates prohibited; penalties.
400.179 - Liability for Medicaid underpayments and overpayments.
400.18 - Closing of nursing facility.
400.19 - Right of entry and inspection.
400.191 - Availability, distribution, and posting of reports and records.
400.20 - Licensed nursing home administrator required.
400.211 - Persons employed as nursing assistants; certification requirement.
400.215 - Personnel screening requirement.
400.23 - Rules; evaluation and deficiencies; licensure status.
400.232 - Review and approval of plans; fees and costs.
400.235 - Nursing home quality and licensure status; Gold Seal Program.
400.241 - Prohibited acts; penalties for violations.
400.25 - Educational program authorized.
400.33 - Legislative intent; community-based care for the elderly.
400.332 - Funds received not revenues for purpose of Medicaid program.
400.334 - Activity relating to unions by nursing home employees.