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The 2025 Florida Statutes
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F.S. 456.054456.054 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 456.054
Total Results: 9
789 So. 2d 405, 2001 WL 608969
District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 107039
Cited 25 times | Published
[5] The current version of this statute is section 456.054, Florida Statutes (2000), and it contains the
51 So. 3d 1191, 2011 Fla. App. LEXIS 7, 2011 WL 13721
District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2407437
Cited 7 times | Published
prohibitions. See 42 U.S.C. §§ 1320a-7b(b)(1)-(2); § 456.054, Fla. Stat.
315 F. Supp. 3d 1291
District Court, S.D. Florida | Filed: May 9, 2018 | Docket: 64319123
Cited 4 times | Published
5050(1)(d).
B. Anti-Kickback Statute, Fla. Stat. § 456.054 (2012)
The Anti-Kickback Statute makes it "unlawful
5 F. Supp. 3d 1350, 2014 U.S. Dist. LEXIS 28824, 2014 WL 888644
District Court, S.D. Florida | Filed: Mar 6, 2014 | Docket: 64293751
Cited 3 times | Published
817.505 and Anti-Kickback Statute, Fla. Stat. § 456.054, as well as the prohibition against physician
884 So. 2d 1102, 2004 Fla. App. LEXIS 15574, 2004 WL 2363589
District Court of Appeal of Florida | Filed: Oct 22, 2004 | Docket: 1683200
Cited 1 times | Published
and not an employee of Regional MRI.
[4] Section 456.054 prohibits kickbacks and states:
(1) As used
Court of Appeals for the Eleventh Circuit | Filed: Apr 30, 2025 | Docket: 69054948
Published
Argued: Mar 5, 2025
Anti-Kickback Statute, see
FLA. STAT. § 456.054, and Florida’s Patient Brokering Act, see FLA
369 F. Supp. 3d 1292
District Court, S.D. Florida | Filed: Feb 25, 2019 | Docket: 64323554
Published
and Florida's Anti-Kickback Statute, Fla Stat. § 456.054 ("Anti-Kickback Statute") when, in fact, Quality
9 F. Supp. 3d 1303, 2014 U.S. Dist. LEXIS 40339, 2014 WL 1236240
District Court, M.D. Florida | Filed: Mar 25, 2014 | Docket: 64294074
Published
456.053), the Anti-Kickback Statute (Fla.Stat. § 456.054), the Deceptive and Unfair Trade Practices Act
111 So. 3d 971, 2013 WL 1809737, 2013 Fla. App. LEXIS 6820
District Court of Appeal of Florida | Filed: Apr 30, 2013 | Docket: 60230936
Published
and must be documented in the medical record.” § 456.54(3)(a), Fla. Stat. (2012). Given the petitioner’s
