FLORIDA Bills Would Restrict Medical Ownership

Posted By Madilyn Moeller, Friday, March 3, 2023

Bill Name: House Bill 1193 (HB 1193) and Senate Bill 1222 (SB 1222)

Primary Sponsor: Representative Kelly Skidmore and Senator Bobby Powell

Status: 2/27/2023 Filed

AmSpa’s Take: Most states have some rules regarding the ownership of medical practices or employment of physicians. However, in general, states have moved toward adopting more exceptions and allowing broader ownership rules.

Outlook: These bills are in the first steps of the process but, based on the sponsors’ past records, they are much less likely to pass.

Analysis: Currently, Florida does not restrict who can own medical practices, as long as the physician’s professional judgment and the patient/physician relationship are not interfered with. This area is termed the “corporate practice of medicine” (CPOM), with most states having some restrictions on medical practice ownership. These range from allowing physician ownership only, to physician majority ownership with others, all the way to no restriction at all. So, in this sense, Florida is among the states with the least amount of restriction on the CPOM. Under HB 1193, Florida would move from one of the least restrictive to the most restrictive CPOM state.

HB 1193 would add two new actions that would constitute grounds for disciplinary action or revocation of a physician’s license. The first is being employed by any corporation, organization or group other than a professional organization owned by physicians. The second would be allowing anyone other than a physician or physician-owned entity to direct, control or interfere in the physician’s clinical judgment, patient’s medical records, or the physician’s billing or hours of practice. Together, these would prevent a physician from working for a non-physician-owned business or partnering with non-physicians.

These bills are somewhat unusual in that they run counter to the larger national trend of more open and relaxed ownership and practice. If you would like additional information, to read the language of the bill or to contact the sponsors or committee, you can find the information you need through these links: HB 1193 or SB 1222.