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Addiction Treatment Centers West Palm Beach Laws

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Addiction treatment centers West Palm Beach, and drug rehabs in Florida are only one area that is under the new business administration and patient brokering laws. These pertain to drug and alcohol addiction treatment centers, sober livings and halfway houses. The new drug rehab and sober homes laws cover the entire state of Florida. However, the largest concentration is with addiction treatment-related facilities in Palm Beach County.

It is paramount that every individual seeking drug and alcohol addiction treatment and addiction professionals fully understand the drug rehabs West Palm Beach laws. Many seeking drug and alcohol addiction treatment in any fashion do not understand the risks that are involved when picking treatment centers, sober livings or halfway houses. Even within the addiction treatment industry, there are some “green” professionals that are being deceived in their new roles. Under the new laws, “ignorance is not bliss.”

Drug Rehabs in Florida and the Evolution of Patient Brokering Laws “The Florida Shuffle”

The spotlight for addiction treatment marketing has been in South Florida for some time. The media has jumped on the bandwagon to get more viewers for more advertising dollars. Some of this coverage is slanted and irresponsible. It has caused many ethical players to struggle in keeping their doors open while causing others to close their doors. The focus of the coverage should be that the new “Florida Model” is paving the road for national laws against patient brokering.

We are fighting a heroin epidemic (more than 150 per day) and the stigma of addiction. One-sided stories of drug rehabs in Florida are hurting more than they are helping. They have slanted that drug rehabs West Palm Beach and Florida is the only place patient brokering is occurring. Let’s be perfectly clear here, patient brokering is happening all over the United States. Florida happens to be one of the nation’s more popular destinations for addiction treatment. Soon we will see the spotlight shift to other largely populated recovery areas like California, Texas, Arizona and the Northeast.

Who’s Keep Track and Regulating the Drug Rehabs Industry?

Although it is difficult to accurately measure how many addiction treatment centers, sober homes, 1/2 way houses, recovery residences, and drug rehabs in Florida exist in the geographical area there is some data. For instance, the National Center for Biotechnology Information (NCBI) did a study in LA County showing 260 sober living homes with a capacity of 3,265 individuals. The number is most likely in excess of 600 based on industry unconfirmed sources, while the unconfirmed numbers in the West Palm Beach, FL area are between 400 to 600.

What to do in West Palm Beach, FL Area, and Drug Rehabs Reputation

West Palm Beach, FL is a diverse community and a destination for many including those suffering from drug and addiction problems. It’s beginnings date back to 1513 with Juan Ponce de Leon and had a population of 20,000 native Americans. West Palm Beach’s current population is 100,000. In the heart of West Palm Beach is the Flagler Museum, the Kravis Center, Clematis Street, and City Place districts. These are the areas that attract much-seeking treatment, however, they are filled with nightlife, bars, clubs, and restaurants. The largest West Palm Beach area attracting those with drug and alcohol addiction issues is Delray Beach, FL. These are some of the reasons why drug rehabs West Palm Beach have been targeted.

Understanding Why Drug Rehabs in Florida Have a Bad Reputation?

Delray Beach, FL Sunny Addiction Treatment Destination

For drug rehabs in Florida, West Palm Beach is ground zero with Delray Beach, Florida leading the way.

In the West Palm Beach area is the heart of the recovery community in Florida. Although Delray Beach is only 15 square miles there are many sober homes and 1/2-way houses. It has been marked by the New York Times in 2007, as the drug recovery capital of the United States. This dubbing was due to having one of the nation’s largest addiction recovery communities and the highest number of sober living homes.

Other major news outlets like NBC News have aired stories on drug rehabs in Florida, West Palm Beach fraudulent practices and claimed Florida is generating a billion dollars a year.  Consider this, in 2015, Forbes did an article claiming the addiction treatment industry generates 35 billion dollars a year. Florida generates a billion dollars, where is the other 34 billion? According to these numbers, Florida may not be the worst state with patient brokering issues.

Governmental Drug Rehabs in Florida Listings

The governmental listing for drug rehabs in Florida shows fewer centers than actually exist. Substance Abuse and Mental Health Services Administration’s (SAMSHA) website only lists 92 addiction treatment facilities categorized as substance abuse in a 25-mile radius around West Palm Beach, including Delray Beach, FL. This list includes addiction treatment centers West Palm Beach, drug rehabs, sober homes, and halfway houses. Even though we know there are many unregistered sober homes, this list should most likely be over 400 facilities.

In comparison on SAMSHA’s website, there are 274 treatment centers, sober homes and halfway houses listed in a 25-mile radius around Los Angeles County. These numbers fall in line with the National Center for Biotechnology Information (NCBI) study and clearly show we need to address that all addiction treatment centers, sober livings, and halfway houses be registered and regulated by some governing body.

This article simplistically outlines the new drug rehabs in Florida laws and behavioral health legal counsel should be contacted for exact interpretation. Our goal is to direct addiction treatment centers and sober living owners, operators and addiction professionals to the Florida law statutes. This is paramount for them to operate ethically and responsibly. It also goes beyond educating addiction treatment centers West Palm Beach, there are laws across the entire US.

From Regulation to Patient Brokering Laws for Drug Rehabs in Florida

The regulation in the addiction treatment industry stemmed from five Florida rehab centers bills. These five bills HB 807 (SB 788), HB 249 (SB 588), HB 477, HB 557 (SB 840), and SB 866 (HB 791) have taken many concerned elected officials years to get passed. If you would like a simple break-down you can read, “Patient Brokering Top 5 Legal Things Nationally.” You may also want to read the “Top 5 Criteria for Sober Livings in Florida.”

What Do Drug Rehabs in Florida and West Palm Beach Laws Cover?

The new Florida drug rehabs laws cover much more than just rehab marketing for drug and alcohol addiction treatment centers. The laws affect more recovery residences. 1/2-way houses and sober homes West Palm Beach, Florida area. They cover all of Florida.

The laws also cover opiate detox West Palm Beach. It must also be understood that if you are out of state and engage in breaking any of these new laws with an organization in Florida, you are subject to Florida laws and can be prosecuted. This includes offering any enticements (airfare) to bring a client out of the state of Florida.

Chapter 2017-179 Encompasses Drug Rehabs in Florida and West Palm Beach

The CHAPTER 2017-173 is a criminal statute which specifically prohibits Florida drug rehabs any health care providers or health care facilities from giving or receiving any form of remuneration in exchange for referrals, regardless of the source of payment for the applicable service or product. The Florida Legislature passed the Patient Brokering Act after learning that various hospitals, mental health, addiction treatment centers and sober livings we’re brokering patients.

While the laws focus on Florida drug rehabs, they apply for the entire state of Florida. The laws also cover deceptive web marketing practices. Popular search terms like “addiction treatment centers West Palm Beach” are being redirected to shady websites copycat sites.

Overview of Drug Rehabs in Florida and Addiction Treatment Centers West Palm Beach Laws

2017 Florida Statutes on Fraudulent Practices;

  • License application; requiring accreditation for certain license renewals.
  • The new role of DCF.
  • Higher licensing fees to cover the cost of regulation.
  • Background screening for owners, directors, chief financial officers, and clinical supervisors.
  • Authorizing the department to deny a renewal application of a regular license if received fewer than 30 days before expiration.
  • Requiring clinical supervisors to undergo background screening.
  • Requiring the department to establish minimum standards for license of substance abuse service components.
  • Specifying standards, procedures, and staffing requirements.
  • DCF can conduct announced and unannounced inspections.
  • Limiting referrals to and from recovery residences in certain circumstances; providing exceptions; requiring a service provider to maintain certain referral records.
  • Department of Agriculture and Consumer Services can take action against an entity providing services without a license.
  • Unlawful for a person to offer or pay, or solicit or receive, benefits for clients.
  • In order to be issued a regular addiction treatment centers West Palm Beach license, the applicant must be in compliance with statutory and regulatory requirements. An application for renewal of a regular license must be submitted to the department at least 60 days before the license expires.
  • A service provider or Florida drug rehabs licensed under this part may not make a referral of a prospective, current, or discharged the patient to, or accept a referral of such a patient from, a recovery residence unless the recovery residence holds a valid certificate of compliance as provided in s. 397.487 and is actively managed by a certified recovery residence administrator as provided in s. 397.4871.
  • 397.4871 does not apply if referrals by a recovery residence to a licensed service provider when the recovery residence or its owners, directors, operators, or employees do not benefit, directly or indirectly, from the referral.
  • A licensed service provider shall maintain records of referrals to, or from recovery residences as may be prescribed by the department in the rule.
  • After June 30, 2019, a licensed service provider violating this section shall be subject to an administrative fine of $1,000 per occurrence. Repeat violations of this section may subject a provider to license suspension or revocation pursuant to 397.415.
  • Making a false or misleading statement, or providing false or misleading information, about the provider’s, or operator’s, or third party’s products, goods, services, or geographical locations in its marketing, advertising materials, or media on its website. This is often done to increase drug rehab SEO rankings.
  • Including on its website false information or electronic links, coding, or activation that provides false information or that surreptitiously directs the reader to another website in their rehab marketing campaigns.
  • Entering into a marketing contract with a provider who agrees to generate referrals or leads for the placement of patients with a service provider or in a recovery residence through a call center or a web-based presence, unless the service provider or the operator of the recovery residence disclose the following to the prospective patient so that the patient can make an informed health care decision.
  • Information about addiction treatment centers West Palm Beach, the specifically licensed service providers, or recovery residences that are represented by the provider and pay a fee to the marketing provider, including the identity of such service providers or recovery residences.
  • Clear and concise instructions that allow the prospective patient to easily access lists of licensed service providers and recovery residences on the department website.

Drug Rehabs in Florida get educated at Addiction Executive Conferences on Ethical Marketing and Business Practices

Behavioral Health Network Resources next addiction conferences EMP Series event is on 8/6/19. You can click on the conference picture to the left and learn more about how Florida drug rehabs are educating California drug rehabs. Behavioral Health Network Resources has held behavioral health events for 3 years with 14 addiction professional conferences. These events have provided vital business and marketing intel to survive the drastic changes from new laws and regulations. California is experiencing what Florida experienced 1-1/2 years ago.  The events tackle and provide proven, ethical business and marketing strategies. Addiction treatment centers and sober livings learn proven long-term solutions for maintaining a healthy census and how to generate more revenue.

Each event is in a unique talk show host, town hall-style conference featuring 5 Executive panelists. This is an interactive forum that features 150-200 attendees and 15 exhibitors. You can contact Charles Davis at ceo@behavioralhealthnetworkresources.com, or 561-235-6195 if you would like to be a panelist, sponsor or exhibit.

W2 Employees and 1099 Contractors, You Florida drug rehabs may not be Protected. 
    1. Many people seem to believe that they are free to compensate marketers based on the number of patients or the amount of revenue they bring to an SAT provider as long as the marketer is hired on a W2 basis.  Is it really that simple?
    1. In addition to carefully choosing whether the characterize the marketer as 1099 or W2, are there any other steps SAT providers can take to help shore up their marketing arrangements from a regulatory perspective?

Resources for Drug Rehabs in Florida

There is a need for educational resources on drug rehabs in Florida. The new laws have impacted addiction treatment center marketing on how they can get referrals. It is now paramount the drug rehabilitation centers establish ethical referral relationships. Below is the top 5 addiction professional referral resource to assist outreach and marketing professionals. Connect with ethical centers in the Facebook Addiction Professional Referral group with 20,000 members helping dozens every week. This is an extremely active group with professionals seeking a fit for their clients and individuals seeking help.

  1. Facebook Addiction Professional Referral Group 19,000 Members with 500 waiting to be approved. One of Facebook’s most active addiction groups, highly monitored with over 6,000 banned in the last 12 months.
  2. LinkedIn Addiction Professional Referral Group 14,000 Members
  3. Facebook Addiction Treatment Centers West Palm Beach Connection  2,000 Members (Only in Florida)
  4. Facebook California Addiction and Behavioral Health Connection
  5. Get connected to the “Top 60 Addiction and Behavioral Health Social Media Groups“- Over 120,000 Members.”

Florida Drug Rehabs West Palm Beach Understanding the Laws

Florida drug rehabs, sober homes, and addiction treatment centers in the West Palm Beach area have been hit hard with media coverage on the Florida Shuffle. This has affected many ethical operators making it difficult to obtain new clients. Centers now are looking at drug rehab SEO to compete with PPC using Legit Script. Florida only accounts for one billion dollars of the industries 35 billion dollars that are being generated.

The media in its effort to gain viewers and advertising dollars need to be more responsible with their reporting. They need to report all the other bad areas including California, Texas, Arizona, and the North East. The bad publicity from drug rehabs West Palm Beach is driving individuals seeking addiction treatment to another state where it could potentially be worse. Judging by the industry revenue numbers of $35 billion a year, there is $34 billion that is unaccounted.

We would love to hear your thoughts (below) on the current status of patient brokering in the addiction treatment industry.

Patient Brokering Top 5 Legal Things Nationally

Patient Brokering is affecting drug and treatment center owners, detox center owners, sober home operators, and all addiction professionals. This hurricane hit Florida in full force and is becoming a category 5 in California with other states following soon. Florida was irresponsibly labeled by the media with the “Florida shuffle”. Now, California is being labeled the “rehab Riveria”.  California drug rehabilitation centers need to be prepared because this irresponsible journalism will deter many from attending treatment there. Florida has been experiencing this for over a year with many ethical operators closing their doors.

What is Patient Brokering for Drug and Alcohol Addiction Treatment Centers?

Patient brokering is when individuals or companies lure in potential treatment center clients for monetary compensation. This compensation can be from $500-$5,000 per individual. Individuals with good insurance can potentially be worth hundreds of thousands of dollars. Patient brokering also occurs when drug rehabilitation centers lure in clients with discounts and incentives. The boots on the ground strategy of buying and selling of clients by unethical drug and alcohol addiction treatment centers are happening all across the nation.

The Florida law pertaining to patient brokering for addiction treatment centers and sober homes in under Chapter 817.505. This hurricane is directed towards patient brokers, drug dealers, prescribing doctors, and hospitals (collection of OD data). However, it has drastically affected many addiction treatment centers in South Florida. It requires them to operate quite differently facing severe penalties, felony charges, and jail time. The old “Laissez-faire” operating mentality is gone and being replaced because of abuse, irresponsibility, and the loss of many lives. The patient brokering laws passed in Florida affect the nation. All addiction professionals must be aware of the new Florida patient brokering laws as of July 1, 2017.

BHNR Educates on Ethical Business Practices Fighting Patient Brokering

This is the first time our industry we have regulations designed to get rid of the large underground network of patient brokers. The new laws are ultimately designed to address the heroin epidemic and save lives. For right now they are forced on drug rehabs in Florida and West Palm Beach. However, they are quickly spreading across the nation with California drug rehabs next. If you do not completely understand all the legislation that has come and is coming you will not be operating soon.

 

At Behavioral Health Network Resources October 27, 2016 event where we were honored to have the Riviera Beach Civil Drug Court. We raised over $400,000 worth of treatment scholarships (services not monies). At that event, we said there was a hurricane coming to South Florida. We were preparing the addiction professionals for the upcoming changes. We host addiction conferences (14 events total) educating Executives on the ethical business side of addiction. Behavioral Health Network Resources knew it was their responsibility to fight against patient brokering. To use our loud voice in the professional community, and on social media educating on these complex changes.

Patient Brokering Florida Understanding the Landscape

Early in 2017, we were attending the Sober Homes Task Force and the Palm Beach County Substance Awareness Coalition (PBCSAC) meetings. We did this to try and understand the legislative process and the changes that are coming from some of the industry’s addiction professionals. We sat quietly, listening, getting educated, and took in all the information that we could to get an understanding to educate the professional community and the Executives attending our events.

We sat in meetings and tried to get an understanding on these changes. We noticed that there are only about 40-50 organizations participating with these organizations. These organizations have formed the landscape for the legislative changes. Any organization that has not been present or decided not to participate could have helped mold the new regulated addiction treatment industry.

Educating the Behavioral Health Industry for Clarity

In our current journey, there are still areas where we are confused. The legal jargon that the laws and bills are written can be extremely difficult to understand. Trying to completely understand some areas where there are loopholes. Many of these changes affect drug rehab SEO marketing on the web and referrals to and from addiction treatment centers. We have spoken with many operators and addiction professionals. Many thought the changes would never happen. Almost all are relying on the interpretation of their legal counsel, or even worse an interpretation from their peers. We have also seen on social media the same type of reaction with many complaining, but few get involved.

Patient Brokering Laws in Florida

The current Florida law that was passed on July 1, 2017 (HB 807, SB 788) covers many different areas. Below these are broken down into simplistic terms:

Drug Rehab Marketing: Drug treatment center marketers will need to be licensed by the state’s Division of Consumer Services. Deceiving, lying, or misleading about treatment services offered, amenities and the high jacking of 800 numbers will be a first-degree misdemeanor. We have been educating centers of the 800-number high jacking using our national social media audience, and as a personality on the national Radio Raw Show.

HB 807 (SB 788) — Marketers will now have to be licensed and there are stiff penalties and fines for patient brokering. and centers will be held legally liable for deceptive marketing practices. It makes DCF the “big brother” and enforcer of the industry. You can find more information by reading “Top Five Criteria Sober Living West Palm Beach

Sponsors: Reps. Bill Hager, R-Boca Raton; Gayle Harrell, R-Stuart; and Joseph Abruzzo, D-Boca Raton; and Sen. Jeff Clemens, D-Atlantis.

HB 249 (SB 588) — Paramedics, emergency techs, and hospitals to collect data on overdoses and report them to the Dept. of Health. It also forces hospitals to adapt to overdose protocols.

Sponsors: Reps. Bob Rommel, R-Naples, Larry Lee Jr., D-Fort Pierce; and Sen. Kathleen Passidomo, R-Naples.

HB 477 —  Directly attacks drug dealers with min. and mandatory jail time including heavy fines for dealing in fentanyl. It also gives prosecutors the option of imposing murder charges.

Sponsors: Reps. Kathleen Peters, R-St. Petersburg; and Charlie Stone, R-Ocala.

HB 557 (SB 840) — Directed towards prescribing physicians controlling the number of opioids prescribed to five days. The Prescriptions that are filled for any controlled substances must be reported in the State prescription drug monitoring database within one day.

Sponsors: Rep. Nicholas Duran, D-Miami, Rep. David Silvers, D-West Palm Beach; and Sen. Jeff Clemens, D-Atlantis.

SB 886 (HB 791) — Protects individuals that have been Marchman Acted by making their court records confidential.

Sponsors: Sen. Bobby Powell, D-West Palm Beach; Rep. Joseph Abruzzo, D-Boca Raton.

Criminal Penalties: Statewide you can be investigated and prosecuted for patient brokering. The prosecution could result in a felony and the fines increase with the number of patients brokered. Brokering more than 20 patients will be a first-degree felony and a whopping fine of $500,000.

Patient Brokering and DCF

DCF’s Role (Department of Children and Families): It will now cost much more to license a facility and the penalty for operating without a license is a third-degree felony with a maximum 5 years in jail. DCF significantly increased licensing fees. Operating without a license becomes a third-degree felony, carrying a maximum five-year prison sentence. DCF now has new rules including; clinical, treatment best-practices, operating standards, levels of qualifications for addiction professionals and the number of staff that will be required to operate. DCF will is also allowed to visit your center anytime without notice and inspect all of the above.

As a treatment center owner, detox center owner, sober living owner and all addiction professionals you need to completely understand the 5 bills that have passed below;

Patient Brokering Drug Rehabs in Florida Sets the Regulation Pace for the Nation

While Florida has one of the worst reputations for addiction treatment in the US, we must realize that Florida is also one of the most popular destinations for treatment and one of the nation’s largest providers of treatment. The large underground patient brokering network is national and many other states have the same issues as Florida. However, the spotlight has been on South Florida. The work that has been done, and will be done, is setting a precedent to be followed nationally. California drug rehabs are now experiencing new patient brokering laws on September 27, 2018. With the heroin epidemic killing more than 150 per day, many other states will be following soon.

We would love to hear your thoughts on the current situation on new laws affecting the heroin epidemic. Leave your comments below.

We are dedicated to educating Addiction Executives on ethical business practices nationwide, with our events attracting a national audience. Our addiction conferences EMP series events have educated Florida Executives with 14 events on ethical business and marketing solutions. These addiction conferences teach Executives, directors and outreach ethical drug rehab marketing strategies. If your organization is dedicated to ethical business practices and you want to educate your peers, we would like to speak with you about participating in our addiction conference. Our conferences have helped us build up one of the largest addiction professional audiences in the nation. These conferences have assisted us in being educated by successful thought leaders in drug rehab SEO marketing.

Addiction Professional Groups Fighting Against Patient Brokering

Facebook Addiction Professional Referral Group 19,000 Members (500 being vetted for approval). An extremely active group is an outstanding ethical resource for Addiction Professionals. This group has banned over 4,000 questionable members. CLICK HERE

LinkedIn Addiction Professional Referral Group 19,000 Members

Facebook The Business Side of Addiction and Behavioral Health 2,500 Members

Facebook South Florida Addiction Professional Connection 1,900 Members

Facebook Generation “X” Addiction Unleashed 10,000 Members

Facebook South Florida Addiction Connection 2,000 South Florida Members

Facebook Addiction Treatment Industry Top 100 6,000 Members

Facebook South Florida Connection Addiction and Behavioral Health 10,000 Members

Facebook Addiction and Behavioral Health Events 5,000 Members

Facebook  ᗩᗪᗪIᑕTIOᑎ ᖇEᔕᑕᑌE; ᕼEᒪᑭ ᗷEᖴOᖇE IT’ᔕ TOO ᒪᗩTE 6,000 Members

Facebook Addiction and Behavioral Health Options 2,500 Members

Facebook 𝑩𝒓𝒆𝒂𝒌𝒊𝒏𝒈 𝒕𝒉𝒆 𝑪𝒚𝒄𝒍𝒆 1,000 Members

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Our industry is changing fast, self-regulation, unity and positive messages are needed. We felt it’s extremely important for all professionals in our industry to gain as much knowledge as possible on these drastic changes and have allowed access to the Facebook Live feed below of a key addiction conference. This event featured the sober homes task force and was key for many South Florida operators. Below you can visit the panelist portion of the event and get educated on some of the issues.

Monumental Industry Changes Conference – Sponsored by RecoveryRadio.FM

Posted by RecoveryRadio.fm on Wednesday, May 10, 2017