Citations Affected: IC 25-22.5.
Synopsis: Physician referrals. Requires a physician to provide certain
information to an individual before referring the individual to a health
care entity in which the physician has a financial interest. Provides
Effective: July 1, 2005.
January 11, 2005, read first time and referred to Committee on Public Health.
January 25, 2005, amended, reported _ Do Pass.
January 31, 2005, read second time, ordered engrossed. Engrossed.
February 1, 2005, read third time, passed. Yeas 95, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Stock Exchange, any regional exchange in which
quotations are published on a daily basis, or foreign
securities listed on a recognized foreign, national, or
regional exchange in which quotations are published on
a daily basis; or
(ii) traded under the National Association of Securities Dealers, Inc. Automated Quotations System; and
(B) in a corporation that had, at the end of the corporation's most recent fiscal year, or on average during the previous three (3) fiscal years, stockholder equity exceeding seventy-five million dollars ($75,000,000).
(2) Ownership of shares in a regulated investment company as defined in section 851(a) of the Internal Revenue Code of 1986, if such company had, at the end of the company's most recent fiscal year, or on average during the previous three (3) fiscal years, total assets exceeding seventy-five million dollars ($75,000,000).
Sec. 2. As used in this chapter, "health care entity" means an organization or a business, that provides diagnostic, medical, or surgical services, dental treatment, or rehabilitative care.
Sec. 3. (a) Except as provided in subsection (b), a physician must do the following before referring an individual to a health care entity in which the physician has a direct or an indirect financial interest:
(1) Disclose in writing to the individual that the physician has a financial interest in the health care entity.
(2) Inform the individual in writing that the individual may choose to be referred to another health care entity.
The individual shall acknowledge receipt of the notice required under this section by signing the notice. The physician shall keep a copy of the signed notice.
(b) Subsection (a) does not apply if a delay in treatment caused by compliance with the requirements of subsection (a) would reasonably be expected by the referring physician to result in serious:
(1) jeopardy to the individual's health;
(2) impairment to the individual's bodily functions; or
(3) dysfunction of a bodily organ or part of the individual.
Sec. 4. Compliance with this chapter is a condition of licensure under this article.
Sec. 5. This chapter is not intended to conflict with 42 U.S.C. 1395nn or 42 U.S.C. 1396b(s).