(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, agency, or person, either directly or indirectly, for residents referred to a nursing home licensed under this part.
(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 $5,000; and
(b) If applicable, a recommendation by the agency to the appropriate licensing board that disciplinary action be taken.
History.—s. 2, ch. 79-106; s. 2, ch. 81-318; ss. 23, 79, 83, ch. 83-181; s. 30, ch. 93-177; ss. 22, 49, ch. 93-217; s. 47, ch. 2013-18.
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.