Florida Statute 456.054 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.054

456.054 Kickbacks prohibited.—

(1) As used in this section, the term “kickback” means a 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, when the payment is not tax deductible as an ordinary and necessary expense.

(2) It is unlawful for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.

(3)(a) It is unlawful for any person or any entity to pay or receive, directly or indirectly, a commission, bonus, kickback, or rebate from, or to engage in any form of a split-fee arrangement with, a dialysis facility, health care practitioner, surgeon, person, or entity for referring patients to a clinical laboratory as defined in s. 483.803.

(b) It is unlawful for any clinical laboratory to:

1. Provide personnel to perform any functions or duties in a health care practitioner’s office or dialysis facility for any purpose, including for the collection or handling of specimens, directly or indirectly through an employee, contractor, independent staffing company, lease agreement, or otherwise, unless the laboratory and the practitioner’s office, or dialysis facility, are wholly owned and operated by the same entity.

2. Lease space within any part of a health care practitioner’s office or dialysis facility for any purpose, including for the purpose of establishing a collection station where materials or specimens are collected or drawn from patients.

(4) Violations of this section shall be considered patient brokering and shall be punishable as provided in s. 817.505.

History.—s. 8, ch. 92-178; s. 2, ch. 96-152; s. 79, ch. 97-261; s. 8, ch. 99-204; s. 78, ch. 2000-160; s. 6, ch. 2006-305; s. 91, ch. 2018-24.

Note.—Former s. 455.237; s. 455.657.

F.S. 456.054 on Google Scholar

F.S. 456.054 on Casetext

Amendments to 456.054

Arrestable Offenses / Crimes under Fla. Stat. 456.054

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.054.

Annotations, Discussions, Cases:

Cases Citing Statute 456.054

Total Results: 6

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center

Court: Supreme Court of Florida | Date Filed: 2014-11-06

Citation: 154 So. 3d 1115, 2014 WL 6463506

Snippet: including Florida’s Anti-Kickback Statutes (§§ 456.054 and 395.0185, Fla. Stat. (2009)); the federal Anti-Kickback

Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc.

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Snippet: including Florida’s Anti-Kickback Statutes (§§ 456.054 and 395.0185, Fla. Stat. (2009)); the federal

Cocores v. State Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2013-04-30

Citation: 111 So. 3d 971, 2013 WL 1809737, 2013 Fla. App. LEXIS 6820

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

University Medical Clinics, Inc. v. Quality Health Plans, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-01-05

Citation: 51 So. 3d 1191, 2011 Fla. App. LEXIS 7, 2011 WL 13721

Snippet: prohibitions. See 42 U.S.C. §§ 1320a-7b(b)(1)-(2); § 456.054, Fla. Stat.

Reg. Mri of Orlando v. Nationwide Mut. Fire

Court: District Court of Appeal of Florida | Date Filed: 2004-10-22

Citation: 884 So. 2d 1102, 2004 Fla. App. LEXIS 15574, 2004 WL 2363589

Snippet: brokering arrangement in violation of sections 456.054 and 817.505(1), Florida Statutes.[4] *1105 A hearing

Harris v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2001-06-06

Citation: 789 So. 2d 405, 2001 WL 608969

Snippet: The current version of this statute is section 456.054, Florida Statutes (2000), and it contains the following