Florida Statutes
Part III - Home Health Services (Ss. 400.461-400.53)
400.518 - Prohibited referrals to home health agencies.


(1) A physician licensed under chapter 458 or chapter 459 must comply with s. 456.053.
(2) A hospital or an ambulatory surgical center that has a financial interest in a home health agency is prohibited from requiring any physician on its staff to refer a patient to the home health agency.

(3)(a) A violation of this section is punishable by an administrative fine not to exceed $15,000. The proceeds of such fines must be deposited into the Health Care Trust Fund.
(b) A physician who violates this section is subject to disciplinary action by the appropriate board under s. 458.331(2) or s. 459.015(2). A hospital or ambulatory surgical center that violates this section is subject to s. 395.0185(2).

(4) The agency shall impose an administrative fine of $15,000 if a home health agency provides nurses, certified nursing assistants, home health aides, or other staff without charge to a facility licensed under chapter 429 in return for patient referrals from the facility. The proceeds of such fines shall be deposited into the Health Care Trust Fund.
History.—s. 17, ch. 93-214; s. 26, ch. 98-166; s. 17, ch. 2000-160; s. 10, ch. 2008-246; s. 125, ch. 2013-18.

Structure Florida Statutes

Florida Statutes

Title XXIX - Public Health

Chapter 400 - Nursing Homes and Related Health Care Facilities

Part III - Home Health Services (Ss. 400.461-400.53)

400.461 - Short title; purpose.

400.462 - Definitions.

400.464 - Home health agencies to be licensed; expiration of license; exemptions; unlawful acts; penalties.

400.471 - Application for license; fee.

400.474 - Administrative penalties.

400.476 - Staffing requirements; notifications; limitations on staffing services.

400.4785 - Patients with Alzheimer’s disease or other related disorders; staff training requirements; certain disclosures.

400.484 - Right of inspection; violations; fines.

400.487 - Home health service agreements; physician’s, physician assistant’s, and advanced practice registered nurse’s treatment orders; patient assessment; establishment and review of plan of care; provision of services; orders not to resuscitate.

400.488 - Assistance with self-administration of medication and with other tasks.

400.489 - Administration of medication by a home health aide; staff training requirements.

400.490 - Nurse-delegated tasks.

400.491 - Clinical records.

400.492 - Provision of services during an emergency.

400.494 - Information about patients confidential.

400.497 - Rules establishing minimum standards.

400.506 - Licensure of nurse registries; requirements; penalties.

400.509 - Registration of particular service providers exempt from licensure; certificate of registration; regulation of registrants.

400.512 - Screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers.

400.518 - Prohibited referrals to home health agencies.

400.5185 - Review and modification of prior authorization.

400.52 - Excellence in Home Health Program.

400.53 - Nurse Registry Excellence Program.