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March 26, 2010
This installment of Hall Render's Health Law Broadcast series on health care reform is designed to provide you with a brief update on significant developments from the previous week.
REFERRING PHYSICIAN DISCLOSURE REQUIREMENTS FOR IN-OFFICE IMAGING SERVICES
Section 6003 of the newly enacted Patient Protection and Affordable Healthcare Act, H.R. 3590 (the "Act"), places new disclosure requirements on physicians who refer patients for certain in-office imaging and other designated health services ("DHS"). The Act amends the federal Stark law statutory exception for in-office ancillary services to require a referring physician to inform a patient in writing, at the time of the referral, that the patient may obtain specified imaging services (i.e., MRI, CT, and PET), or other DHS as designated by the Secretary of Health and Human Services, from a person other than the referring physician, a physician in the same group practice as the referring physician, or an individual directly supervised by the referring physician or another physician in the group practice. The Act further requires a referring physician to provide the patient with a written list of suppliers who furnish such services in the area in which the patient resides.
The language of the Act indicates that this new disclosure requirement is effective for services provided after January 1, 2010. However, arguably such requirement became effective on March 23, 2010, the date of enactment. Physicians and physician group practices who provide in-office imaging and other DHS should contact their health care counsel to determine how such disclosure requirements apply to their practice and how to implement these required disclosures.
Should you have any questions, please contact: Gregg M. Wallander (317.977.1431 or gwallander@hallrender.com), Erin M. Drummy (317.977.1470 or edrummy@hallrender.com), or your regular Hall Render attorney.
Visit our Health Law Broadcast at hallrender.com/reform for a comprehensive listing of health care reform resources. Also sign up for health care reform alerts and periodic updates as we continue to monitor this important issue. |