HF 611

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; regulating referrals by medical 
  1.3             oncologists; amending Minnesota Statutes 2002, section 
  1.4             62J.23, by adding a subdivision. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 62J.23, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 5.  [RADIATION THERAPY FACILITIES; MEDICAL 
  1.9   ONCOLOGISTS.] (a) A medical oncologist must not refer a patient 
  1.10  to a radiation therapy facility in which the medical oncologist 
  1.11  holds a prohibited interest.  A radiation therapy facility must 
  1.12  not: 
  1.13     (1) accept referrals from any medical oncologist holding a 
  1.14  prohibited interest in the facility; or 
  1.15     (2) bill, charge, or present a claim for any services 
  1.16  resulting from the referrals. 
  1.17     (b) For purposes of this subdivision, "prohibited interest" 
  1.18  means: 
  1.19     (1) an ownership or investment interest in a radiation 
  1.20  therapy facility or any property leased to the facility, through 
  1.21  equity, debt, or other means, including but not limited to 
  1.22  indirect interests through trusts, holding companies, or 
  1.23  immediate family members who are not licensed physicians; or 
  1.24     (2) a relationship as an employee or independent 
  1.25  contractor, including ownership of an entity that is an 
  2.1   independent contractor. 
  2.2      (c) The commissioner may seek injunctive or other relief as 
  2.3   provided by law to ensure compliance with this subdivision.  
  2.4      (d) This subdivision does not apply to a radiation therapy 
  2.5   facility that is owned and operated by: 
  2.6      (1) a multispecialty physician health care provider in 
  2.7   which no more than 15 percent of the physicians practice medical 
  2.8   oncology; or 
  2.9      (2) an organization that is under common control with a 
  2.10  multispecialty physician health care provider in which no more 
  2.11  than 15 percent of the physicians in the multispecialty 
  2.12  physician health care provider practice medical oncology.