Ch. 376

1993 LAWS OF MARYLAND

CARE PRACTITIONER OR THE IMMEDIATE FAMILY MEMBER OF THE HEALTH CARE
PRACTITIONER TO RELOCATE TO THE GEOGRAPHIC AREA SERVED BY THE HEALTH
CARE ENTITY IN ORDER TO BE A MEMBER OF THE MEDICAL STAFF OF A HOSPITAL,
IF:

1.       THE HEALTH CARE PRACTITIONER OR THE IMMEDIATE
FAMILY MEMBER OF THE HEALTH CARE PRACTITIONER IS NOT REQUIRED TO
REFER PATIENTS TO THE HEALTH CARE ENTITY;

2.       THE AMOUNT OF THE COMPENSATION UNDER THE
ARRANGEMENT IS NOT DETERMINED IN A MANNER THAT TAKES INTO ACCOUNT,
DIRECTLY OR INDIRECTLY, THE VOLUME OR VALUE OF ANY REFERRALS BY THE
REFERRING HEALTH CARE PRACTITIONER; AND

3.       THE HEALTH CARE ENTITY NEEDS THE SERVICES OF THE
PRACTITIONER TO MEET COMMUNITY HEALTH CARE NEEDS AND HAS HAD

DIFFICULTY IN RECRUITING A PRACTITIONER; OR

(VI) PAYMENTS MADE FOR THE RENTAL OR LEASE OF OFFICE
SPACE IF THE PAYMENTS ARE:

1.       AT FAIR MARKET VALUE; AND

2.       IN ACCORDANCE WITH AN ARM'S LENGTH TRANSACTION.

(D)     "DIRECT SUPERVISION" MEANS A HEALTH CARE PRACTITIONER IS PRESENT
ON THE PREMISES WHERE THE HEALTH CARE SERVICES OR TESTS ARE PROVIDED AND IS
AVAILABLE FOR CONSULTATION WITHIN THE TREATMENT AREA.

(D) (E) "FACULTY PRACTICE PLAN" MEANS A TAX EXEMPT ORGANIZATION
ESTABLISHED UNDER MARYLAND LAW BY OR AT THE DIRECTION OF A UNIVERSITY
TO ACCOMMODATE THE PROFESSIONAL PRACTICE OF MEMBERS OF THE FACULTY
WHO ARE HEALTH CARE PRACTITIONERS.

(E)     (F) "GROUP PRACTICE" MEANS A GROUP OF TWO OR MORE HEALTH
CARE PRACTITIONERS LEGALLY ORGANIZED AS A PARTNERSHIP, PROFESSIONAL
CORPORATION, FOUNDATION, NOT-FOR-PROFIT CORPORATION, FACULTY
PRACTICE PLAN, OR SIMILAR ASSOCIATION:

(1)      IN WHICH EACH HEALTH CARE PRACTITIONER WHO IS A MEMBER
OF THE GROUP PROVIDES SUBSTANTIALLY THE FULL RANGE OF SERVICES WHICH
THE PRACTITIONER ROUTINELY PROVIDES THROUGH THE JOINT USE OF SHARED
OFFICE SPACE, FACILITIES, EQUIPMENT, AND PERSONNEL;

(2)      FOR WHICH SUBSTANTIALLY ALL OF THE SERVICES OF THE HEALTH
CARE PRACTITIONERS WHO ARE MEMBERS OF THE GROUP ARE. PROVIDED
THROUGH THE GROUP AND ARE BILLED IN THE NAME OF THE GROUP AND
AMOUNTS SO RECEIVED ARE TREATED AS RECEIPTS OF THE GROUP; AND

(3)      IN WHICH THE OVERHEAD EXPENSES OF AND THE INCOME FROM
THE PRACTICE ARE DISTRIBUTED IN ACCORDANCE WITH METHODS PREVIOUSLY
DETERMINED ON AN ANNUAL BASIS BY MEMBERS OF THE GROUP.

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