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§ 1-303. Practitioners' interest in referral facility

West's Annotated Code of MarylandHealth Occupations

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 3. Patient Referrals (Refs & Annos)
MD Code, Health Occupations, § 1-303
§ 1-303. Practitioners' interest in referral facility
Currentness
Title 12 exception
(a) Except as provided in subsection (c) of this section and Title 12 of this article, a health care practitioner making a lawful referral shall disclose the existence of the beneficial interest in accordance with provisions of this section.
Actions required prior to health care entity referral
(b) Prior to referring a patient to a health care entity in which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest, the health care practitioner shall:
(1) Except if an oral referral is made by telephone, provide the patient with a written statement that:
(i) Discloses the existence of the ownership of the beneficial interest or compensation arrangement;
(ii) States that the patient may choose to obtain the health care service from another health care entity; and
(iii) Requires the patient to acknowledge in writing receipt of the statement;
(2) Except if an oral referral is made by telephone, insert in the medical record of the patient a copy of the written acknowledgement;
(3) Place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patients of the health care practitioner disclosing all of the health care entities:
(i) In which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest; and
(ii) To which the practitioner refers patients; and
(4) Documents in the medical record of the patient that:
(i) A valid medical need exists for the referral; and
(ii) The practitioner has disclosed the existence of the beneficial interest to the patient.
Exceptions, generally
(c) The provisions of this section do not apply to:
(1) A health care practitioner when treating a member of a health maintenance organization as defined in § 19-701 of the Health-General Article and the health care practitioner does not have a beneficial interest in the health care entity; or
(2) A health care practitioner who refers a patient:
(i) To another health care practitioner in the same group practice as the referring health care practitioner;
(ii) For in-office ancillary services; or
(iii) For health care services provided through or by a health care entity owned or controlled by a hospital.
Fines and penalties
(d) A health care practitioner who fails to comply with any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.

Credits

Added by Acts 1993, c. 376, § 2, eff. Oct. 1, 1993.
MD Code, Health Occupations, § 1-303, MD HEALTH OCCUP § 1-303
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document