Florida Patient Self-Referral Act
Change in Level of Physician Supervision
Effective July 1, 2023
The Florida Patient Self-Referral Act of 1992 (the “Florida Act”) prohibits a health care provider from referring a patient for the provision of designated health services or any other health care items or service to an entity in which the health care provider is an investor or has an investment interest unless an exception applies.
The Florida Act has an exception that allows a sole provider or member of a group practice to prescribe or order certain health care services for his or her own patients to be provided by the sole provider’s practice or group practice. This exception required the services to be performed under the direct supervision of the referring health care provider or group practice. Direct supervision means that the physician be present in the office suite during the time the services are provided.
Effective July 1, 2023, the Florida Act has been amended to remove the direct supervision requirement and instead health care providers must comply with all applicable Medicare payment and coverage rules for services, which is consistent with the level of physician supervision required by the Federal Stark Law. This change in the level of physician supervision will alleviate the additional expense of having a physician physically present while health care services are provided.
Please be advised that this change in level of physician supervision is specific to compliance with the Florida Act. This change does not alter any level of physician supervision that is required based on Florida licensure.
For more information regarding this Client Alert, contact:
Elizabeth D. Shaw, Esq. |Partner
Florida Bar Board Certified in Health Law
(904) 567-1175 (direct) | (904) 657-9002 (cell) | liz@rezlegal.com