(1) An assisted living facility licensed under this part may not contract or promise to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any person, health care provider, or health care facility as provided under s. 817.505.
(2) This section does not apply to:
(a) An individual employed by the assisted living facility, or with whom the facility contracts to provide marketing services for the facility, if the individual clearly indicates that he or she works with or for the facility.
(b) Payments by an assisted living facility to a referral service that provides information, consultation, or referrals to consumers to assist them in finding appropriate care or housing options for seniors or disabled adults if the referred consumers are not Medicaid recipients.
(c) A resident of an assisted living facility who refers a friend, family members, or other individuals with whom the resident has a personal relationship to the assisted living facility, in which case the assisted living facility may provide a monetary reward to the resident for making such referral.
(3) A violation of this section is patient brokering and is punishable as provided in s. 817.505.
History.—ss. 18, 25, ch. 89-294; s. 13, ch. 91-263; ss. 15, 38, 39, ch. 93-216; s. 773, ch. 95-148; s. 12, ch. 95-210; s. 14, ch. 98-80; s. 2, ch. 2006-197; s. 29, ch. 2012-160.
Note.—Former s. 400.4195.
Structure Florida Statutes
Chapter 429 - Assisted Care Communities
Part I - Assisted Living Facilities (Ss. 429.01-429.55)
429.01 - Short title; purpose.
429.04 - Facilities to be licensed; exemptions.
429.07 - License required; fee.
429.075 - Limited mental health license.
429.08 - Unlicensed facilities; referral of person for residency to unlicensed facility; penalties.
429.11 - Initial application for license.
429.12 - Sale or transfer of ownership of a facility.
429.14 - Administrative penalties.
429.17 - Expiration of license; renewal; conditional license.
429.174 - Background screening.
429.176 - Notice of change of administrator.
429.177 - Patients with Alzheimer’s disease or other related disorders; certain disclosures.
429.178 - Special care for persons with Alzheimer’s disease or other related disorders.
429.18 - Disposition of fees and administrative fines.
429.19 - Violations; imposition of administrative fines; grounds.
429.195 - Rebates prohibited; penalties.
429.20 - Certain solicitation prohibited; third-party supplementation.
429.22 - Receivership proceedings.
429.255 - Use of personnel; emergency care.
429.256 - Assistance with self-administration of medication and with other tasks.
429.26 - Appropriateness of placements; examinations of residents.
429.27 - Property and personal affairs of residents.
429.275 - Business practice; personnel records; liability insurance.
429.28 - Resident bill of rights.
429.29 - Civil actions to enforce rights.
429.295 - Certain provisions not applicable to actions under this part.
429.296 - Statute of limitations.
429.297 - Punitive damages; pleading; burden of proof.
429.298 - Punitive damages; limitation.
429.31 - Closing of facility; notice; penalty.
429.34 - Right of entry and inspection.
429.35 - Maintenance of records; reports.
429.41 - Rules establishing standards.
429.42 - Pharmacy and dietary services.
429.435 - Uniform firesafety standards.
429.44 - Construction and renovation; requirements.
429.445 - Compliance with local zoning requirements.
429.47 - Prohibited acts; penalties for violation.
429.49 - Resident records; penalties for alteration.
429.52 - Staff training and educational requirements.
429.53 - Consultation by the agency.