Florida Statute 817.505 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

View Entire Chapter

F.S. 817.505

817.505 Patient brokering prohibited; exceptions; penalties.—

(1) It is unlawful for any person, including any health care provider or health care facility, to:

(a) Offer or pay a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, to induce the referral of a patient or patronage to or from a health care provider or health care facility;

(b) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for referring a patient or patronage to or from a health care provider or health care facility;

(c) Solicit or receive a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for the acceptance or acknowledgment of treatment from a health care provider or health care facility; or

(d) Aid, abet, advise, or otherwise participate in the conduct prohibited under paragraph (a), paragraph (b), or paragraph (c).

(2) For the purposes of this section, the term:

(a) “Health care provider or health care facility” means any person or entity licensed, certified, or registered; required to be licensed, certified, or registered; or lawfully exempt from being required to be licensed, certified, or registered with the Agency for Health Care Administration or the Department of Health; any person or entity that has contracted with the Agency for Health Care Administration to provide goods or services to Medicaid recipients as provided under s. 409.907; a county health department established under part I of chapter 154; any community service provider contracting with the Department of Children and Families to furnish alcohol, drug abuse, or mental health services under part IV of chapter 394; any substance abuse service provider licensed under chapter 397; or any federally supported primary care program such as a migrant or community health center authorized under ss. 329 and 330 of the United States Public Health Services Act.

(b) “Health care provider network entity” means a corporation, partnership, or limited liability company owned or operated by two or more health care providers and organized for the purpose of entering into agreements with health insurers, health care purchasing groups, or the Medicare or Medicaid program.

(c) “Health insurer” means any insurance company authorized to transact health insurance in the state, any insurance company authorized to transact health insurance or casualty insurance in the state that is offering a minimum premium plan or stop-loss coverage for any person or entity providing health care benefits, any self-insurance plan as defined in s. 624.031, any health maintenance organization authorized to transact business in the state pursuant to part I of chapter 641, any prepaid health clinic authorized to transact business in the state pursuant to part II of chapter 641, any prepaid limited health service organization authorized to transact business in this state pursuant to chapter 636, any multiple-employer welfare arrangement authorized to transact business in the state pursuant to ss. 624.436-624.45, or any fraternal benefit society providing health benefits to its members as authorized pursuant to chapter 632.

(3) This section shall not apply to the following payment practices:

(a) Any discount, payment, waiver of payment, or payment practice not prohibited by 42 U.S.C. s. 1320a-7b(b) or regulations promulgated thereunder.

(b) Any payment, compensation, or financial arrangement within a group practice as defined in s. 456.053, provided such payment, compensation, or arrangement is not to or from persons who are not members of the group practice.

(d) Commissions, fees, or other remuneration lawfully paid to insurance agents as provided under the insurance code.

(e) Payments by a health insurer who reimburses, provides, offers to provide, or administers health, mental health, or substance abuse goods or services under a health benefit plan.

(f) Payments to or by a health care provider or health care facility, or a health care provider network entity, that has contracted with a health insurer, a health care purchasing group, or the Medicare or Medicaid program to provide health, mental health, or substance abuse goods or services under a health benefit plan when such payments are for goods or services under the plan. However, nothing in this section affects whether a health care provider network entity is an insurer required to be licensed under the Florida Insurance Code.

(g) Insurance advertising gifts lawfully permitted under s. 626.9541(1)(m).

(h) Commissions or fees paid to a nurse registry licensed under s. 400.506 for referring persons providing health care services to clients of the nurse registry.

(i) Payments by a health care provider or health care facility to a health, mental health, or substance abuse information service that provides information upon request and without charge to consumers about providers of health care goods or services to enable consumers to select appropriate providers or facilities, provided that such information service:

1. Does not attempt through its standard questions for solicitation of consumer criteria or through any other means to steer or lead a consumer to select or consider selection of a particular health care provider or health care facility;

2. Does not provide or represent itself as providing diagnostic or counseling services or assessments of illness or injury and does not make any promises of cure or guarantees of treatment;

3. Does not provide or arrange for transportation of a consumer to or from the location of a health care provider or health care facility; and

4. Charges and collects fees from a health care provider or health care facility participating in its services that are set in advance, are consistent with the fair market value for those information services, and are not based on the potential value of a patient or patients to a health care provider or health care facility or of the goods or services provided by the health care provider or health care facility.

(j) Any activity permitted under s. 429.195(2).

(4)(a) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084, and shall be ordered to pay a fine of $50,000.

(b) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this section, where the prohibited conduct involves 10 or more patients but fewer than 20 patients, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084, and shall be ordered to pay a fine of $100,000.

(c) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this section, where the prohibited conduct involves 20 or more patients, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084, and shall be ordered to pay a fine of $500,000.

(5) Notwithstanding the existence or pursuit of any other remedy, the Attorney General or the state attorney of the judicial circuit in which any part of the offense occurred may maintain an action for injunctive or other process to enforce the provisions of this section.

(6) The party bringing an action under this section may recover reasonable expenses in obtaining injunctive relief, including, but not limited to, investigative costs, court costs, reasonable attorney’s fees, witness costs, and deposition expenses.

(7) The provisions of this section are in addition to any other civil, administrative, or criminal actions provided by law and may be imposed against both corporate and individual defendants.

History.—s. 1, ch. 96-152; s. 226, ch. 97-101; s. 168, ch. 98-166; s. 297, ch. 99-8; s. 7, ch. 99-204; s. 228, ch. 2000-160; s. 19, ch. 2006-305; s. 37, ch. 2012-160; s. 302, ch. 2014-19; s. 4, ch. 2015-66; s. 24, ch. 2017-173; s. 11, ch. 2019-159; s. 6, ch. 2020-38.

F.S. 817.505 on Google Scholar

F.S. 817.505 on Casetext

Amendments to 817.505

Arrestable Offenses / Crimes under Fla. Stat. 817.505

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

S817.505 - FRAUD - REPEALED SB 312 CH 99-204 - M: F

S817.505 4 - FRAUD - RENUMBERED. SEE REC # 8347 - F: T

S817.505 4a - FRAUD - VIOLATE PATIENT BROKERING LAW - F: T

S817.505 4b - FRAUD - VIOLATE PATIENT BROKERING LAW 10 TO 20 PATIENT - F: S

S817.505 4c - FRAUD - VIOLATE PATIENT BROKERING LAW 20 MORE PATIENTS - F: F

Civil Citations / Citable Offenses under S817.505

R or S next to points is Mandatory Revocation or Suspension

S817.505 PATIENT REFERRAL VIOLATION (or Brokering) Patient brokering prohibited; exceptions; penalties - Points on Drivers License: 0 R

Annotations, Discussions, Cases:

Cases Citing Statute 817.505

Total Results: 16

State of Florida v. Mark A. Desimone

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: 8 Section 817.505(1)(a), unlike section 817.505(1)(b) at issue in Rubio, is directed…charging appellee Desimone with violations of section 817.505(1)(a), Florida Statutes (2016) (The Patient Brokering…because the unit of prosecution pursuant to section 817.505(1)(a) is each payment made to induce the referral…Desimone with thirteen counts of violating section 817.505(1)(a), Florida Statutes (2016) (The Patient Brokering…the allowable unit of prosecution under section 817.505(1)(b), which prohibits receiving payment for patient

State of Florida v. Mark A. Desimone

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

State of Florida v. Mark A. Desimone

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-29T00:00:00-08:00

Snippet: section 817.505(a) provides that it is a violation to pay “any commission” or “kickback.” See 817.505(1)(a…906 So. 2d at 371). Section 817.505(1)(a), unlike section 817.505(1)(b) at issue in Rubio, is directed…charging appellee Desimone with violations of section 817.505(1)(a), Florida Statutes (2016) (The Patient Brokering…because the unit of prosecution pursuant to section 817.505(1)(a) is each payment made to induce the referral…Desimone with thirteen counts of violating section 817.505(1)(a), Florida Statutes (2016) (The Patient Brokering

STATE OF FLORIDA v. JAMES FRANCIS KIGAR

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-07T00:53:00-07:00

Snippet: violation of section 817.505(1)(a), Florida Statutes (2016). At that time, section 817.505(1)(a) provided: …health care facility[.] § 817.505(1)(a), Fla. Stat. (2016). 1 Section 817.505(3), Florida Statutes (2016… § 817.505(3)(a), Fla. Stat. (2016) (emphasis added). 2 1 The 2019 version of section 817.505(1)(…care facility. § 817.505(1)(a), Fla. Stat. (2019). 2 The 2019 version of section 817.505(3)(a) now uses…specific language. Section 817.505(3)(a) now provides that section 817.505 shall not apply to any discount

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

Court: Fla. | Date Filed: 2014-11-06T00:00:00-08:00

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

Snippet: § 482.43); Florida’s Patient Brokering Act (§ 817.505, Fla.Stat.(2009)); and the Federal Civil Monetary

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

Court: Fla. | Date Filed: 2014-07-10T00:53:00-07:00

Snippet: § 482.43); Florida’s Patient Brokering Act (§ 817.505, Fla. Stat. (2009)); and the Federal Civil Monetary

State v. Rubio

Court: Fla. | Date Filed: 2007-10-18T00:00:00-07:00

Citation: 967 So. 2d 768

Snippet: split-fee patient brokering, in violation of section 817.505(1)(b), Florida Statutes (2002); and (130) white…concluding that the patient brokering statute, § 817.505, is unconstitutional. Id. at 391. However, the … this issue, the defendants argue that section 817.505, Florida Statutes (2002), which prohibits "…split-fee patient brokering, in violation of section 817.505(1)(b)-(c). The trial court held that the statute…any" and "arrangement" in section 817.505 meant that charges could only be brought per arrangement

Prosper Diagnostic Centers, Inc. v. Allstate Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-29T00:00:00-07:00

Citation: 964 So. 2d 763, 2007 Fla. App. LEXIS 13401, 2007 WL 2428541

Snippet: contrasted section 817.505 from section 409.920 on the grounds that section 817.505 contained a “safe …fee splitting and patient brokering of section 817.505(l)(b), Florida Statutes (2002). Prosper appealed… challenge to the constitutionality of section 817.505(l)(b) on grounds of vagueness and overbreadth. …emphasis in original). Prosper contends that section 817.505, Florida Statutes (2002), was held unconstitutional… 493. Prosper asserts that Harden held section 817.505(l)(b) unconstitutional by implication. In Rubio

State v. Rubio

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-30T00:00:00-08:00

Citation: 917 So. 2d 383

Snippet: violation of section 817.505. Section 817.505 provides in part as follows: 817.505. Patient brokering prohibited… violating section 817.505(1)(a). Nevertheless, sections 817.505(1)(a) and 817.505(1)(b) are similar and…409.920. In contrast, section 817.505 has a safe harbor. Section 817.505(3)(a) specifically provides that…striking down section 817.505. 4. First Amendment. The defendants contend section 817.505(1)(b) is unconstitutional…section 817.505 does not inhibit a person's right generally to solicit business. Section 817.505 merely

Reg. Mri of Orlando v. Nationwide Mut. Fire

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-22T00:53:00-07:00

Citation: 884 So. 2d 1102

Snippet: shall be punishable as provided in s. 817.505. Section 817.505 prohibits patient brokering and states…arrangement in violation of sections 456.054 and 817.505(1), Florida Statutes.[4] *1105 A hearing on the…providing the professional component. Further, F.S. § 817.505 does not make it unlawful for Axcess MRI to pay

PROF. CONS. SERV. v. Hartford Life and Acc. Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-16T00:53:00-07:00

Citation: 849 So. 2d 446

Snippet: See § 627.736(5)(b)(1), Fla. Stat. (2001); cf. § 817.505, Fla. Stat. (2001) (entitled "Patient brokering

Gold, Vann & White, PA v. Friedenstab

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-16T00:53:00-07:00

Citation: 831 So. 2d 692

Snippet: referral in violation of sections 458.331 and 817.505, Florida Statutes (2001). See Crow v. Agency for…fee-splitting). Florida Statutes §§ 458.331(1)(i) and 817.505(1)(a) prohibit any split fee arrangement. Section…quot; of health care goods and services. Section 817.505(1)(a), provides it is unlawful for any person, …enactment of the Patient Brokering Act at section 817.505. The board reasoned that its enactment reflects

Novick v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-31T00:53:00-07:00

Citation: 816 So. 2d 1237

Snippet: services ... Further, the Order notes that section 817.505(1)(a) makes it unlawful for any person, including

Med. Manag. Group of Orlado, Inc. v. State Farm Auto. Ins. Company

Court: Fla. Dist. Ct. App. | Date Filed: 2002-02-07T23:53:00-08:00

Citation: 811 So. 2d 705

Snippet: compensate for MRI referrals prohibited by section 817.505, Florida Statutes. We also agree with the court

Flores v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-13T00:53:00-07:00

Citation: 787 So. 2d 955

Snippet: physician to pay for the referral of patients, § 817.505, Fla. Stat. (Supp.1996), and argues that there

Harris v. Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-06T00:00:00-07:00

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

Snippet: brokering and shall be punishable as provided in s. 817.505. 4D99-4197 District Court of Appeal