WILLIAM DONALD SCHAEFER, Governor                            Ch. 376

(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.

(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.

(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.

- 2077 -