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PARRIS N. GLENDENING, Governor
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Ch. 229
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(1) In which the health care practitioner or the practitioner in
combination with the practitioner's immediate family owns a beneficial interest;
(2) In which the practitioner's immediate family owns a beneficial
interest of 3 percent or greater; or
(3) With which the health care practitioner, the practitioner's immediate
family, or the practitioner in combination with the practitioner's immediate family
has a compensation arrangement.
(b) A health care entity or a referring health care practitioner may not present
or cause to be presented to any individual, third party payor, or other person a claim,
bill, or other demand for payment for health care services provided as a result of a
referral prohibited by this subtitle.
(c) Subsection (a) of this section applies to any arrangement or scheme,
including a cross-referral arrangement, which the health care practitioner knows or
should know has a principal purpose of assuring indirect referrals that would be in
violation of subsection (a) of this section if made directly.
(d) 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 if
the health care practitioner does not have a beneficial interest in the health care
entity;
(2) A health care practitioner who refers a patient to another health care
practitioner in the same group practice as the referring health care practitioner;
(3) A health care practitioner with a beneficial interest in a health care
entity who refers a patient to that health care entity for health care services or tests,
if the services or tests are personally performed by or under the direct supervision of
the referring health care practitioner;
(4) A health care practitioner who refers in-office ancillary services or
tests that are:
(i) Personally furnished by:
1. The referring health care practitioner;
2. A health care practitioner in the same group practice as
the referring health care practitioner; or
3. An individual who is employed and personally supervised
by the qualified referring health care practitioner or a health care practitioner in the
same group practice as the referring health care practitioner;
(ii) Provided in the same building where the referring health care
practitioner or a health care practitioner in the same group practice as the referring
health care practitioner furnishes services; and
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- 1491 -
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