Minnesota Administrative Rules

5620.0130 DISCLOSURE REQUIREMENTS AND FORMATS.

Subpart 1.

Written disclosure required.

The disclosure requirements in Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), are met if the written disclosure is made before a referral. The written disclosure must reasonably apprise the patient or patient's guardian of the physician's financial and profit interest in the individual or entity to which the physician is making the referral, and contain a statement that the patient is free to choose providers other than the one recommended by the physician. The written disclosure must consist of one of the formats in items A to D.

A.

The posting of a conspicuous sign in an area that is likely to be seen by the patients and patients' guardians who use the physician's facility.

B.

The incorporation of a conspicuous written notice in existing office documents used by the physician. Office documents may include, but are not limited to, prescription sheets, office information or policy booklets, referral forms, and any similar regularly distributed information handout.

C.

The use of a written disclosure document that is given to a patient or patient's guardian for review. A copy of the document must be provided to the patient or patient's guardian.

D.

A combination of the written disclosure formats described in items A to C.

Subp. 2.

Unwritten disclosure; when allowed.

A nonwritten disclosure format may be used to satisfy the disclosure requirements of Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), when necessary to accommodate the physical condition of a patient or the patient's guardian that makes use of written disclosure alone unworkable.

Subp. 3.

Information must be updated.

The disclosure information shall be updated to show any change in the circumstances regarding the physician's financial or profit interest.

Statutory Authority:

MS s 147.01

History:

14 SR 1774

Published Electronically:

June 11, 2008