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H.B. 214 VETOES
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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;
(VII) PAYMENTS MADE FOR THE RENTAL OR LEASE OF EQUIPMENT
IF THE PAYMENTS ARE:
1. AT FAIR MARKET VALUE; AND
2. IN ACCORDANCE WITH AN ARM'S LENGTH TRANSACTION;
OR
(VIII) PAYMENTS MADE FOR THE SALE OF PROPERTY OR A HEALTH
CARE PRACTICE IF THE PAYMENTS ARE:
1. AT FAIR MARKET VALUE;
2. IN ACCORDANCE WITH AN ARM'S LENGTH TRANSACTION;
AND
3. THE REMUNERATION IS PROVIDED IN ACCORDANCE WITH
AN AGREEMENT THAT WOULD BE COMMERCIALLY REASONABLE EVEN IF NO
REFERRALS WERE MADE.
1-302.
(a) Except as provided in subsection (d) of this section, a health care
practitioner may not refer a patient, or direct an employee of or person under contract
with the health care practitioner to refer a patient to a health care entity:
(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.
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- 4306 -
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