Fear and loathing in Florida--PPMC's, fee-splitting, and anti-kickback implications

Many developments are occurring with respect to practice management agreements in Florida. These include the District Court of Appeal affirmance of the Bakarania decision, a bankruptcy court decision to the effect that the PhyMatrix Agreement evaluated in Bakarania constitutes illegal fee-splitting. There was also a new Board of Medicine decision permitting a percentage arrangement under a "management agreement." This article summarizes the recent developments in Florida, as well as some developments in other states, which are relevant for practice management agreements throughout the country.