Disclosure form required; contents; posting

(a) A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider’s respective board, informing the patient of: (1) The existence of the investment interest; 62 43-1B-5 PATIENT SELF-REFERRAL 43-1B-6 (2) The name and address of each applicable entity in which the referring health care provider is an investor; and (3) The patient’s right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient’s choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor. (b) The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider’s office. (c) The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996. (d) A violation of this Code section shall be grounds for disciplinary action by the board. History. Code 1981, § 43-1B-5, enacted by Ga. L. 1993, p. 521, § 1. 43-1B-6. Entities excepted from prohibitions as to financing and referrals; requirements; regulation. (a) The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met: (1) No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider; (2) The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider; (3) The health care provider complies with Code Section 43-1B-5, requiring disclosure of the investment interest to the patient; and (4) The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 63 43-1B-8 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The services offered shall be reasonably financially accessible to the residents of the facility’s service area. (b) The provisions of this Code section shall be regulated by the state Department of Community Health. History. Code 1981, § 43-1B-6, enacted by Ga. L. 1993, p. 521, § 1; Ga. L. 1999, p. 296, § 22. 43-1B-7. [Reserved] Exception for physicians treating workers’ compensation claimants. History. Ga. L. 1993, p. 521, § 1; repealed by Ga. L. 2006, p. 676, § 5/HB 1240, effective July 1, 2006. Editor’s notes. Ga. L. 2006, p. 676, § 5/HB 1240 repealed and reserved this Code section, effective July 1, 2006. 43-1B-8. Exception for health care providers with interest in health service regulated by federal law. Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or designated health service and which covers private paying patients as well as medicare or Medicaid patients. History. Code 1981, § 43-1B-8, enacted by Ga. L. 1993, p. 521, § 1. 64 T.43, C.1C GEORGIA PROFESSIONAL REGULATION REFORM 43-1C-2 CHAPTER 1C GEORGIA PROFESSIONAL REGULATION REFORM Sec. 43-1C-1. 43-1C-2. Sec.