Introduced Version






HOUSE BILL No. 1306

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 25-22.5-11.

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 an exception for emergency circumstances.

Effective: July 1, 2005.





Becker, Brown C, Budak




    January 11, 2005, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1306



    A BILL FOR AN ACT to amend the Indiana Code concerning professions and occupations.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 25-22.5-11; (05)IN1306.1.1. -->     SECTION 1. IC 25-22.5-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
    Chapter 11. Physician Referral to Certain Health Care Entities
    Sec. 1. As used in this chapter, "financial interest" means an ownership or investment interest through equity, debt, or other means.
    Sec. 2. As used in this chapter, "health care entity" means an organization or a business, other than a referring physician's office or practice, 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 to the individual the physician's financial interest in the health care entity.
        (2) Inform the individual that the individual may choose to be referred to another health care entity.
    (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).