Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (805502) for SB 1760
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Grimsley) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 2418 and 2419
    4  insert:
    5         Section 88. Subsection (3) of section 456.054, Florida
    6  Statutes, is renumbered as subsection (4), and a new subsection
    7  (3) is added to that section, to read:
    8         456.054 Kickbacks prohibited.—
    9         (3)(a) It is unlawful for any person or any entity to pay
   10  or receive, directly or indirectly, a commission, bonus,
   11  kickback, or rebate from, or to engage in any form of a split
   12  fee arrangement with, a dialysis facility, health care
   13  practitioner, surgeon, person, or entity for referring patients
   14  to a clinical laboratory as defined in s. 483.803.
   15         (b) It is unlawful for any clinical laboratory to:
   16         1. Provide personnel to perform any functions or duties in
   17  a health care practitioner’s office or dialysis facility for any
   18  purpose, including for the collection or handling of specimens,
   19  directly or indirectly through an employee, contractor,
   20  independent staffing company, lease agreement, or otherwise,
   21  unless the laboratory and the practitioner’s office, or dialysis
   22  facility, are wholly owned and operated by the same entity.
   23         2. Lease space within any part of a health care
   24  practitioner’s office or dialysis facility for any purpose,
   25  including for the purpose of establishing a collection station
   26  where materials or specimens are collected or drawn from
   27  patients.
   29  ================= T I T L E  A M E N D M E N T ================
   30  And the title is amended as follows:
   31         Delete line 189
   32  and insert:
   33         Enforcement; amending s. 456.054, F.S.; providing that
   34         it is unlawful for a person or entity to pay or
   35         receive a commission, bonus, kickback, or rebate from,
   36         or engage in certain split-fee agreements with,
   37         specified persons and entities for referring patients
   38         to a clinical laboratory; prohibiting a clinical
   39         laboratory from performing functions or duties in
   40         health care practitioner’s offices and in certain
   41         facilities under certain circumstances; prohibiting a
   42         clinical laboratory from leasing space within any part
   43         of a health care practitioner’s office or a certain
   44         facility; repealing part I of ch. 483, F.S.,