Amends TCA Title 63, Chapter 6.
Generally under present law, a physician having an investment interest in a health care entity is prohibited from referring patients to the entity unless: (1) The physician performs health care services at the entity; or (2) The investment interest satisfies certain present law requirements for situations where physicians may invest in and refer to an outside entity, whether or not they provide direct care or services at or for the entity, if there is a demonstrated need in the community for the entity and alternative financing is not available. This bill adds that conduct or activity that does not violate or is protected under the federal physician self-referral law, or rules promulgated to effectuate that law, will not be considered a violation of the present law prohibitions on referrals. This bill provides that such conduct or activity will have the same protections as provided under federal law and rule.
Generally under present law, a physician having an investment interest in a health care entity is prohibited from referring patients to the entity unless: (1) The physician performs health care services at the entity; or (2) The investment interest satisfies certain present law requirements for situations where physicians may invest in and refer to an outside entity, whether or not they provide direct care or services at or for the entity, if there is a demonstrated need in the community for the entity and alternative financing is not available. This bill adds that conduct or activity that does not violate or is protected under the federal physician self-referral law, or rules promulgated to effectuate that law, will not be considered a violation of the present law prohibitions on referrals. This bill provides that such conduct or activity will have the same protections as provided under federal law and rule.
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