Bill Text: OR SB389 | 2013 | Regular Session | Introduced

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Bill Title: Relating to health care practitioner referrals of patients to providers of medical services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB389 Detail]

Download: Oregon-2013-SB389-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1788

                         Senate Bill 389

Sponsored by Senator BATES (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Oregon Health Authority to adopt by rule requirements
that meet specified criteria for health practitioner referrals of
patients to facilities in which health practitioner has financial
interest.

                        A BILL FOR AN ACT
Relating to health care practitioner referrals of patients to
  providers of medical services; amending ORS 441.098.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 441.098 is amended to read:
  441.098. (1) As used in this section:
  (a) 'Facility' means a hospital, ambulatory surgical center or
freestanding birthing center.
  (b) 'Financial interest' means a five percent or greater direct
or indirect ownership interest.
  (c) 'Health practitioner' means a physician, podiatric
physician and surgeon, dentist, direct entry midwife or licensed
registered nurse who is certified by the Oregon State Board of
Nursing as a nurse midwife nurse practitioner.
  (d) 'Physician' has the meaning given that term in ORS 677.010.
  (2) If a health practitioner refers a patient for treatment at
a facility in which the health practitioner or an immediate
family member has a financial interest, the health practitioner
shall inform the patient orally and in writing of that interest
at the time of the referral.
  (3) In obtaining informed consent for treatment that will take
place at a facility, a health practitioner shall disclose the
manner in which care will be provided in the event that
complications occur that require health services beyond what the
facility has the capability to provide.
   { +  (4) The Oregon Health Authority shall adopt by rule
requirements for a health care practitioner's referral of
patients for treatment at a facility in which the referring
health practitioner or an immediate family member of the
referring health practitioner has a financial interest that:
  (a) Permit any such referral as long as the requirements of
subsection (2) of this section have been met;
  (b) Are no more restrictive than the requirements adopted by
the Secretary of the United State Department of Health and Human
Services pursuant to 42 U.S.C. 1395; and

  (c) Are consistent with the exemptions to 42 U.S.C. 1395
adopted by the secretary, including but not limited to the
in-office ancillary services exemption. + }
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