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Session Laws, 1993
Volume 772, Page 2076   View pdf image
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Ch. 376                                     1993 LAWS OF MARYLAND

(7)      A HEALTH CARE PRACTITIONER OR MEMBER OF A SINGLE
SPECIALTY GROUP PRACTICE, INCLUDING ANY PERSON EMPLOYED OR AFFILIATED
WITH A HOSPITAL, WHO HAS A BENEFICIAL INTEREST IN A HEALTH CARE ENTITY
THAT IS OWNED OR CONTROLLED BY A HOSPITAL OR UNDER COMMON OWNERSHIP
OR CONTROL WITH A HOSPITAL IF:

(I)      THE HEALTH CARE PRACTITIONER OR OTHER MEMBER OF
THAT SINGLE SPECIALTY GROUP PRACTICE PROVIDES THE HEALTH CARE SERVICES
TO A PATIENT PURSUANT TO A REFERRAL OR IN ACCORDANCE WITH A
CONSULTATION REQUESTED BY ANOTHER HEALTH CARE PRACTITIONER WHO
DOES NOT HAVE A BENEFICIAL INTEREST IN THE HEALTH CARE ENTITY; OR

(II)     THE HEALTH CARE PRACTITIONER OR OTHER MEMBER OF
THAT. SINGLE SPECIALTY GROUP PRACTICE REFERRING A PATIENT TO THE
FACILITY, SERVICE, OR ENTITY PERSONALLY PERFORMS OR SUPERVISES THE
HEALTH CARE SERVICE OR PROCEDURE; OR

(8)      A HEALTH CARE PRACTITIONER WITH A BENEFICIAL INTEREST IN,
OR COMPENSATION ARRANGEMENT WITH, A HOSPITAL OR RELATED INSTITUTION
AS DEFINED IN § 19-301 OF THE HEALTH - GENERAL ARTICLE OR A FACILITY,
SERVICE, OR OTHER ENTITY THAT IS OWNED OR CONTROLLED BY A HOSPITAL OR
RELATED INSTITUTION OR UNDER COMMON OWNERSHIP OR CONTROL WITH A
HOSPITAL OR RELATED INSTITUTION IF:

(I)      THE BENEFICIAL INTEREST WAS HELD OR THE COMPENSATION
ARRANGEMENT WAS IN EXISTENCE ON JANUARY 1, 1993; AND

(II)     THEREAFTER THE BENEFICIAL INTEREST OR COMPENSATION
ARRANGEMENT OF THE HEALTH CARE PRACTITIONER DOES NOT INCREASE.

(E) A HEALTH CARE PRACTITIONER EXEMPTED FROM THE PROVISIONS OF
THIS SECTION IN ACCORDANCE WITH SUBSECTION (D) SHALL BE SUBJECT TO THE
DISCLOSURE PROVISIONS OF § 1-303 OF THIS SUBTITLE.

1-303.

(A)     EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION AND TITLE 12
. OF THIS ARTICLE, A HEALTH CARE PRACTITIONER MAKING A LAWFUL REFERRAL

EXEMPTED UNDER THE PROVISIONS OF § 1-302(D) OF THIS SUBTITLE SHALL
DISCLOSE THE EXISTENCE OR OF THE BENEFICIAL INTEREST IN ACCORDANCE WITH
PROVISIONS OF THIS SECTION.

(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;

- 2076 -

 

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Session Laws, 1993
Volume 772, Page 2076   View pdf image
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