CPOM Compliance for Florida Healthcare Startups
Florida is not California. It is also not a free-for-all. Clinic licensing, unlicensed-practice rules, and fee-splitting statutes still make a physician-owned PC plus an FMV MSA the structure buyers expect.
Get a Free CPOM AssessmentThe law in Florida
Key authorities (official text)
Florida Board of Medicine · Health Care Clinic Act · Medical Practice ActFlorida Board of Medicine · AHCA · Florida Statutes ch. 458 · § 400.990 Health Care Clinic Act · § 456.053 financial arrangements · ch. 621 professional service corporations · § 456.47 telehealth.
Florida CPOM is a moderate, layered doctrine. The state does not copy California Business & Professions Code § 2400. Clinical practice still cannot sit in an unlicensed corporation. The Health Care Clinic Act requires clinic licensure unless an exemption applies, including clinics wholly owned by licensed physicians. Fee-splitting and kickback rules sit in § 458.331(1)(i) and related statutes. A physician-owned PC plus a fair-market-value MSA is how most digital-health companies answer those questions.
Commentators disagree on whether Florida “has CPOM.” That is the wrong founder question. The operational questions are: who may own the clinical entity, who needs a clinic license, who holds the medical records relationship, and whether the MSO is taking a cut of professional fees. AHCA clinic licensing and Board of Medicine discipline can both bite even when there is no single ownership-ban statute.
Telehealth is its own overlay. Florida Statutes § 456.47 governs out-of-state practitioners treating Florida patients. Registration is not a substitute for a compliant clinical entity. See Foundry’s Florida out-of-state telehealth registration note and the Florida CPOM blog guide.
Typical PC / MSO structure in Florida
Form a Florida professional corporation or professional association owned by a Florida-licensed MD or DO. The MSO (often the Delaware operating company) provides non-clinical services under a written MSA at fair market value. Clinical revenue lands in the PC. Foundry forms that structure ($15,000) and matches a friendly PC owner ($3,000/mo). Not a rented Super PC.
If you instead run a non-physician-owned clinic, the Clinic Act generally expects an AHCA health-care clinic license under § 400.990. Most venture-backed telehealth and cash-pay models prefer the physician-owned PC path, often a professional service corporation under ch. 621, so they are not stacking clinic-license conditions on top of CPOM diligence. Confirm the exemption with counsel for your facts.
Florida Statutes § 456.053 is the financial-arrangements overlay (self-referral / designated health services). It is a different test from Clinic Act licensure and from Board of Medicine fee-splitting under § 458.331(1)(i). A clean physician-owned PC plus an FMV MSA answers all three questions in one structure.
Fee-splitting note
Florida Statutes § 458.331(1)(i) lists paying or receiving any commission, bonus, kickback, or rebate for referring patients as grounds for discipline. A percentage-of-collections management fee is the pattern that looks most like a share of professional fees. Prefer a fixed or FMV-supported admin fee, keep clinicians on PC contracts, and do not let the MSO sweep the lockbox. Pair this page with the fee-risk table on CPOM compliance.
| Florida pattern | Risk | Safer pattern |
|---|---|---|
| MSO paid % of Florida collections | High: fee-split / kickback overlay | Fixed FMV admin fee with a memo |
| Lay LLC bills patients as the “clinic” | High: unlicensed practice + Clinic Act | PC bills; MSO invoices the PC |
| Physician-owned PC + documented FMV MSA | Base case | Revisit FMV when volume changes |
What Florida founders need to know
- Florida is moderate on classic CPOM ownership. The Clinic Act and unlicensed-practice rules still constrain who holds the clinical entity.
- Physician ownership of the PC is the default diligence story for telehealth, GLP-1, med spa, and NP-led clinics treating Florida patients.
- Out-of-state telehealth registration under § 456.47 does not replace a Florida-ready PC/MSO split.
- Percentage MSA fees plus cash-pay marketing is a Board-of-Medicine magnet. See CPOM compliance.
- Foundry scopes formation to Florida plus the other states you treat. It is not a plug-in 50-state PC network.
Operational checklist: CPOM compliance. Setup path: MSO-PC structure. Full map: CPOM 50-state guide.
Florida CPOM FAQ
Does Florida have strict CPOM?
Florida is moderate, not California-strict. There is no single B&P § 2400 analogue. The Health Care Clinic Act, unlicensed-practice rules, and fee-splitting statutes still make a physician-owned PC plus FMV MSA the diligence default.
Do I still need an MSO-PC in Florida?
Yes for most telehealth, clinic, and cash-pay models. A physician-owned PC answers Clinic Act ownership questions; the MSO runs non-clinical operations at fair market value.
How does Florida treat fee-splitting?
Florida Statutes § 458.331(1)(i) and related kickback rules restrict paying or receiving a commission, bonus, or rebate for patient referrals. A percentage-of-collections MSA is the high-risk pattern. Prefer a fixed FMV admin fee.
How does Foundry help with Florida CPOM?
MSO-PC formation is $15,000 one-time. A Florida-licensed physician PC owner is $3,000/mo. Foundry is not a law firm.
What enforcement bodies act on Florida CPOM?
The Florida Board of Medicine disciplines licensees under ch. 458. AHCA licenses health-care clinics under the Health Care Clinic Act unless an exemption applies. Buyers reconstruct control; payers sample the claim TIN. Pair this page with CPOM compliance.
Sources and citations
Primary .gov authorities cited on this Florida deep page. Confirm current text with counsel, because statutes change.
- Florida Board of Medicine
- Agency for Health Care Administration
- Florida Statutes ch. 458: Medical Practice Act
- § 400.990: Health Care Clinic Act
- § 456.053: financial arrangements
- ch. 621: professional service corporations
- § 456.47: telehealth