Florida ownership & cpom for med spas

Ownership & corporate practice of medicine in Florida

Florida has no strict corporate-practice-of-medicine ban. Non-physician ownership is instead gated by the Health Care Clinic Act.

• ⚠️ Florida’s kickback ban is broad and it is criminal in form. “It is UNLAWFUL for any health care provider or any provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.” Four verbs and four adverbial pairs — the drafting is designed to catch arrangements dressed up as something else.

  Fla. Stat. § 456.054(2) · verified Sep 2, 2026

• And the definition turns on a tax test, which is unusual. “Kickback” means “a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deductible as an ordinary and necessary expense.” a marketing payment that is a genuine ordinary and necessary business expense sits outside the definition; one that is not, does not.

  Fla. Stat. § 456.054(1) · verified Sep 2, 2026

• Unlike some states, Florida does not broadly prohibit non-physician ownership of a medical practice or med spa; ownership is governed by the Health Care Clinic Act rather than a corporate-practice-of-medicine prohibition.

  Fla. Stat. §400.990 · verified Jul 26, 2026

• An entity that provides health-care services and bills for reimbursement is a “clinic” that must be licensed by AHCA to operate — each location licensed separately — unless it qualifies for an exemption.

  Fla. Stat. §400.991(1)(a) · verified Jul 26, 2026

• The exemptions that matter most for med spas are for an entity wholly owned by one or more physicians, or wholly owned by one or more licensed health care practitioners (with specified family members) — such an entity is exempt from clinic licensure.

  Fla. Stat. §400.9905(4)(f)–(g) · verified Jul 26, 2026

• Even an otherwise-exempt entity is still deemed a clinic and must be licensed in order to receive personal-injury-protection (PIP / no-fault motor-vehicle) reimbursement.

  Fla. Stat. §400.9905(4) · verified Jul 26, 2026