HF 2040

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring disclosure of financial interests; amending Minnesota
Statutes 2006, section 144.6521, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 144.6521, subdivision 1, is amended to
read:

Subdivision 1.

Disclosure.

new text begin (a) new text end No health care provider with a financial or economic
interest in, or an employment or contractual arrangement that limits referral options with,
a hospital, outpatient surgical center or diagnostic imaging facility, or an affiliate of one
of these entities, shall refer a patient to that hospital, center, or facility, or an affiliate of
one of these entities, unless the health care provider discloses in writing to the patient, in
advance of the referral, the existence of such an interest, employment, or arrangement.

The written disclosure form must be printed in letters of at least 12-point boldface
type and must read as follows: "Your health care provider is referring you to a facility or
service in which your health care provider has a financial or economic interest."

Hospitals, outpatient surgical centers, and diagnostic imaging facilities shall
promptly report to the commissioner of health any suspected violations of this section by a
health care provider who has made a referral to such hospital, outpatient surgical center, or
diagnostic imaging facility without providing the written notice.

new text begin (b) A health care provider shall provide written disclosure to all current patients by
January 1, 2009, and all new patients thereafter, when that provider stands to materially
benefit, or to avoid a possible financial loss, by not making a referral to a hospital,
outpatient surgical center, diagnostic imaging facility, specialist physician, or specialty
clinic, because of any reimbursement arrangement or contract that the health care provider
has entered. The written disclosure must be sufficient to make patients aware that the
health care provider stands to materially benefit, or to avoid a possible financial loss, by
not making a referral. This written disclosure must be printed in letters of at least 12-point
boldface type and must be provided to patients at least one time, either by mail or at the
time services are provided to the patient.
new text end