A recently enacted House Bill aimed to tackle the perceived, rampant fraud plaguing substance abuse treatment in Florida may have significant, unintended consequences for health care providers who conduct business in the state.

On June 27, Gov. Ron DeSantis signed House Bill 369 (the bill) into law, which became effective July 1. The bill implements certain requirements with respect to recovery residences, substance use disorder treatment providers and their personnel, and lead generators/marketers. However, the bill inadvertently created an ambiguity in Florida’s Patient Brokering Act (PBA), a criminal statute that carries significant penalties, including the imposition of criminal fines and civil and administrative actions.

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