August 22, 2019

"Advice of Counsel" Defense No Longer a Bar to Patient Brokering Violations in Florida

Florida courts recently interpreted the state’s patient brokering statute, removing the ability of healthcare providers to rely on the “advice of counsel” defense as a bar to enforcement proceedings.  The appellate court’s decision was largely based upon its determination that the statute in question defines a “general intent” crime versus a “specific intent” crime.