Our healthcare and business law firm works with many providers who wish to create an entity under which they provide professional nursing or physician services. Before providing professional services through an entity, it is important to consider your state’s laws and rules governing the provision of professional services. Florida, for instance, passed the Health Care Clinic Act (“Act”) in 2003 and has made many revisions thereto over the years. The purpose of the Act was to strengthen the regulation of health care clinics “to prevent significant cost and harm to consumers” by “provid[ing] for the licensure, establishment, and enforcement of basic standards for health care clinics and [] provid[ing] administrative oversight by the Agency for Health Care Administration.” Fla. Stat. § 400.990. This post addresses two key components of the Health Care Clinic Act: (1) what qualifies as a “clinic,” and (2) what exemptions are there to the licensure requirement? If you would like to discuss ways to structure your practice or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
(1) What qualifies as a “clinic”?
According to Fla. Stat. § 400.9905(4), “‘Clinic’ means an entity where health care services are provided to individuals and which tenders charges for reimbursement for such services, including a mobile clinic and a portable equipment provider.” “Tenders charges for reimbursement” specifically refers to submitting claims to third-party payors (such as Medicare, Medicaid, or commercial payors). If the practice is cash-only and does not bill to any third-party payors, then the practice does not qualify as a clinic and thus does not need licensure under the Health Care Clinic Act. The Act also does not contemplate (i.e., specifically include or exclude) practices that only provide telehealth services, so it is important to consider with counsel whether a telehealth-only practice is considered a clinic under the Act.
