Florida has several anti-kickback statutes which put numerous restrictions on the ability for health care providers to refer patients to each other for financial reasons. One such statute is the Florida Patient Brokering Act. This law criminalizes health care providers and facilities receipt of kickbacks, bonuses, or split-fee arrangements in exchange for referring people or patients to each other. A kickback is an arrangement where an individual or business pays another individual or business to send them new clients. The anti-kickback statutes, such as the Florida Patient Brokering Act, has been a major focus of South Florida law enforcement in recent years. The statutes have been used to come down hard on the drug treatment industry in particular. Drug treatment centers have come under fire for paying high referral bonuses to other healthcare providers and lawmakers thought this type of arrangement would encourage providers putting financial incentives ahead of the health and well-being of their patients.
If you have been accused of patient brokering under Florida Patient Brokering Act, you personal and professional reputation is on the line. Attorney Ron Herman is here to tirelessly fight to clear you of all charges.
What is the Florida Patient Brokering Act?
As stated above, the Florida Patient Brokering Act makes it illegal for a health care provider or facility to accept various forms of incentives for referring people to another health care provider or facility for treatment. This law, along with other Florida anti-kickback statutes pertains to all Florida healthcare providers, including:
- Doctors
- Dentists
- Pharmacists
- Hospitals
- Dental practices
- Nursing Homes
- Pharmacies
- Drug treatment facilities
- Rehabilitation centers
The statute does provide for some exceptions, specifically nine exceptions, to the ban on referral incentives among health care providers. For instances, those that practice within a group practice can be excluded from anti-kickback repercussions as can some involved with contracted health benefit plans.
A violation of the Florida Patient Brokering Act is considered to be a third degree felony. Penalties include up to 5 years in prison and $5,000 in fines. Additionally, the statute itself authorizes imposing additional civil and administrative penalties. All of this is not to mention that your professional reputation is put on the line when you face these types of charges. Additionally, you could lose your medical license.
Representing Health Care Providers Suspected of Patient Brokering
With South Florida coming under fire for questionable practices in the health care industry, drug treatment facilities in particular, facing a charge involving patient brokering is more serious than ever. If you have been charged under the Florida Patient Brokering Act or another anti-kickback statute or suspected of violating these laws, contact West Palm Beach criminal defense attorney Ron Herman. The sooner you secure the trusted legal counsel of Ron Herman; the sooner he can work to clearing your name. Contact Herman Law, P.A. today.