§ 1-303
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/md/health-occupations/1-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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 shall disclose the existence 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;
(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.