As used in this part, unless the context otherwise requires: “Entity” or “health care entity” means and includes a health care facility and an agency, company or health care professional, other than the referring physician, providing health care services; “Health care facility” means and includes any real property or equipment of a health care institution […]
Physician investment in health care can provide important benefits for patient care; however, when physicians refer patients to entities in which they have an ownership interest, a potential conflict of interest exists. A physician having an investment interest in a health care entity shall not refer patients to the entity unless: The physician performs health […]
There may be situations in which a needed entity would not be built or instituted if referring physicians were prohibited from investing in the entity and a need might exist when there is no entity of reasonable quality in the community or when use of existing entities is onerous for patients. Therefore, physicians may invest […]
Cross referral arrangements or schemes between physicians or between physicians and entities, in which the physician or physicians know or should know that the arrangement has as its principal purpose generating referrals to an entity that if made directly by one of the participating physicians would be in violation of this part, are prohibited.
If physicians have invested in entities prior to July 1, 1993, the physicians shall reevaluate their activity in accordance with this part and comply with its provisions. If compliance with the need and alternative investor criteria is not practical, it is essential that the identification of reasonably available alternative entities be provided.
On and after July 1, 1995, all physicians are required either to: Dispose of their ownership interests in entities outside their office practice at which they do not directly provide care or services when they have an investment interest in the entity unless the entity meets the requirements of § 63-6-602; or Cease referring patients […]
Any physician who makes or causes to be made a referral prohibited by this part is in violation of the medical practice law, as compiled in this chapter. Willful violations of this part are considered unprofessional conduct, which conduct is subject to licensure sanction by the board of medical examiners, including suspension, revocation or other […]
The definition of “investment interest” does not include a publicly traded entity in which such physician has an investment interest if all of the following requirements are met: The entity’s stock is listed for trading on the New York Stock Exchange or the American Stock Exchange or is a national market system security traded under […]
