Sec. 158.219. - Prohibited referrals.

(a) No certificate holder shall directly or indirectly refer a patient to a medical facility, which is an affiliate of such certificate holder, for medical treatment, to the exclusion of other medical facilities. No certificate holder shall accept a referral of a patient, for the provision of emergency or non-emergency medical transportation services, ALS service or BLS service, from a medical facility which is an affiliate of such certificate holder, where such affiliated medical facility has made such referral to the exclusion of other certificate holders. No medical facility, which is an affiliate of a certificate holder, shall directly or indirectly refer a patient to such affiliated certificate holder for the provision of emergency or non-emergency medical transportation service, ALS service or BLS service, to the exclusion of other certificate holders. Nor shall any medical facility or certificate holder make any referral in violation of any State or federal law, including but not limited to the Florida patient Self Referral Act of 1992, the Ethics in Patients Referral Act of 1989, and the Medicare and Medicaid Patient and Program Act of 1987. (b) Violation of this Section by a medical facility or by a certificate holder shall, in addition to any other penalties provided in this Chapter, constitute grounds for suspension or termination of the certificate held by the affiliated certificate holder. (c) Alleged violations of this Section shall be initially investigated by the Director. Notice of such investigation shall be sent to the certificate holder and affiliated medical facility and to the Council Secretary who shall report it to the Council at its next ensuing regular meeting. A hearing will then be set before the appropriate committee of the Council after reasonable notice to the certificate holder. The certificate holder shall be entitled to be heard, in person or by counsel, and may present such evidence and other information as the certificate holder deems necessary. Within ten days after the conclusion of the hearing, the appropriate committee of the Council shall issue its findings of facts and recommendations which shall be sent to the Council and to the certificate holder. (d) Council shall proceed in the manner prescribed by Section 158.215 (b); and the certificate holder shall be governed by Section 158.215 (c). (Ord. 97-450-E, § 1)