Loading...

Letter from DCF RE: Patient Brokering

Written by:

at February 19, 2014

Many of you have called me regarding letters you may have received from DCF regarding Patient Brokering. Please be aware that the letter has been sent to all providers and not to anyone specifically accused of any wrongdoing.

That said, you should remain vigilant that you are closely monitoring any activity by your staff that could be construed to violate s. 817.505, Fla. Stat., the Patient Brokering Act. I have attached a copy for your records.

For purposes of the Act, the repeat question I receive is regarding how to effectively and legally use marketing companies to obtain referrals for new patients. The provision in the statute which addresses that point can be found within subsection (i) which allows for:

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.

Should you have any questions or concerns about your compliance with this provision, please don’t hesitate to give us a call.

SOBER LAW NEWS IS A LEGAL WEBSITE PROVIDING NEWS, COMMENTARY AND OPINIONS ON THE ADDICTION TREATMENT AND RECOVERY SERVICES INDUSTRIES. THE ARTICLES REPOSTED ON THIS SITE TAKE AN IN-DEPTH LOOK AT CURRENT TRENDS IN THIS DYNAMIC HEALTH CARE SECTOR AND THE LAWS THAT GOVERN ITS REGULATION AND GROWTH. OUR HOPE AND PURPOSE IS TO PROVIDE RELEVANT AND ACCURATE INFORMATION TO THE PUBLIC AND TO POLICYMAKERS THAT WILL HELP GUIDE THE PROVISION OF ADDICTION TREATMENT OUT OF THE SHADOWS AND INTO TRANSPARENT, MAINSTREAM HEALTH CARE. THE INFORMATION PROVIDED ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS INTENDED AS A PUBLIC SERVICE. ANY QUESTIONS OF A LEGAL NATURE SHOULD BE DIRECTED TO AN ATTORNEY, AND THE INFORMATION ON THIS WEBSITE IS NOT INTENDED TO REPLACE LEGAL ADVICE FROM A LICENSED ATTORNEY IN YOUR STATE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY UPON OR REFER TO THE CONTENTS AS BEING LEGAL ADVICE OR GUIDANCE PROVIDED BY JEFFREY C. LYNNE, ESQ., WITHOUT HIS PRIOR WRITTEN CONSENT.

Comments

Loading Disqus Comments ...

Submit a Comment

Your email address will not be published. Required fields are marked *

Pin It on Pinterest

Share This