Bill Text: CA SB1215 | 2013-2014 | Regular Session | Amended
Bill Title: Healing arts licensees: referrals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-28 - Set, first hearing. Failed passage in committee. (Ayes 1. Noes 3. Page 3278.) Reconsideration granted. [SB1215 Detail]
Download: California-2013-SB1215-Amended.html
BILL NUMBER: SB 1215 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2014
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Hernandez
FEBRUARY 20, 2014
An act to amend Section 650.02 of the Business and Professions
Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1215, as amended, Hernandez. Healing arts licensees: referrals.
Existing law provides for the licensure and regulation of healing
arts professionals by boards within the Department of Consumer
Affairs. Existing law makes it a crime for licensed healing arts
professionals to receive money or other consideration for, or to
engage in various related activities with respect to, the referral of
patients, clients, or customers to any person, with specified
exceptions.
Existing law also makes it a crime for a licensed healing arts
professional to refer patients for specified services if the licensee
or his or her immediate family has a financial interest, as defined,
with the person or entity. Existing law provides that, among other
exceptions, this prohibition does not apply to services for a
specific patient that are performed within, or goods that are
supplied by, a licensee's office or the office of a group practice.
This bill would provide that this exception does not apply to
advanced imaging, anatomic pathology, radiation therapy, or physical
therapy for a specific patient that is performed within a licensee's
office or the office of a group practice.
practice and that is compensated on a fee-for-service basis. The bill
would also define advanced imaging for this purpose. By
expanding the scope of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Recent studies by the Government Accountability Office (GAO)
examining self-referral practices in advanced diagnostic imaging and
anatomic pathology determined that financial incentives were the most
likely cause of increases in self-referrals.
(b) For advanced diagnostic imaging, the GAO stated that
"providers who self-referred made 400,000 more referrals for advanced
imaging services than they would have if they were not
self-referring," at a cost of "more than $100 million" in 2010.
(c) For anatomic pathology, the GAO found that "self-referring
providers likely referred over 918,000 more anatomic pathology
services" than they would have if they were not self-referring,
costing Medicare approximately $69 million more in 2010 than if
self-referral was not permitted.
(d) In November 2012, Bloomberg News released an investigative
report that scrutinized ordeals faced by California prostate cancer
patients treated by a urology clinic that owns radiation therapy
equipment. The report found that physician self-referral resulted in
a detrimental impact on patient care and drove up health care costs
in the Medicare Program. The Wall Street Journal, the Washington
Post, and the Baltimore Sun have also published investigations
showing that urology groups owning radiation therapy machines have
utilization rates that rise quickly and are well above national norms
for radiation therapy treatment of prostate cancer.
SEC. 2. Section 650.02 of the Business and Professions Code is
amended to read:
650.02. The prohibition of Section 650.01 shall not apply to or
restrict any of the following:
(a) A licensee may refer a patient for a good or service otherwise
prohibited by subdivision (a) of Section 650.01 if the licensee's
regular practice is located where there is no alternative provider of
the service within either 25 miles or 40 minutes traveling time, via
the shortest route on a paved road. If an alternative provider
commences furnishing the good or service for which a patient was
referred pursuant to this subdivision, the licensee shall cease
referrals under this subdivision within six months of the time at
which the licensee knew or should have known that the alternative
provider is furnishing the good or service. A licensee who refers to
or seeks consultation from an organization in which the licensee has
a financial interest under this subdivision shall disclose this
interest to the patient or the patient's parents or legal guardian in
writing at the time of referral.
(b) A licensee, when the licensee or his or her immediate family
has one or more of the following arrangements with another licensee,
a person, or an entity, is not prohibited from referring a patient to
the licensee, person, or entity because of the arrangement:
(1) A loan between a licensee and the recipient of the referral,
if the loan has commercially reasonable terms, bears interest at the
prime rate or a higher rate that does not constitute usury, is
adequately secured, and the loan terms are not affected by either
party's referral of any person or the volume of services provided by
either party.
(2) A lease of space or equipment between a licensee and the
recipient of the referral, if the lease is written, has commercially
reasonable terms, has a fixed periodic rent payment, has a term of
one year or more, and the lease payments are not affected by either
party's referral of any person or the volume of services provided by
either party.
(3) Ownership of corporate investment securities, including
shares, bonds, or other debt instruments that may be purchased on
terms generally available to the public and that are traded on a
licensed securities exchange or NASDAQ, do not base profit
distributions or other transfers of value on the licensee's referral
of persons to the corporation, do not have a separate class or
accounting for any persons or for any licensees who may refer persons
to the corporation, and are in a corporation that had, at the end of
the corporation's most recent fiscal year, or on average during the
previous three fiscal years, stockholder equity exceeding
seventy-five million dollars ($75,000,000).
(4) Ownership of shares in a regulated investment company as
defined in Section 851(a) of the federal Internal Revenue Code, if
the company had, at the end of the company's most recent fiscal year,
or on average during the previous three fiscal years, total assets
exceeding seventy-five million dollars ($75,000,000).
(5) A one-time sale or transfer of a practice or property or other
financial interest between a licensee and the recipient of the
referral if the sale or transfer is for commercially reasonable terms
and the consideration is not affected by either party's referral of
any person or the volume of services provided by either party.
(6) A personal services arrangement between a licensee or an
immediate family member of the licensee and the recipient of the
referral if the arrangement meets all of the following requirements:
(A) It is set out in writing and is signed by the parties.
(B) It specifies all of the services to be provided by the
licensee or an immediate family member of the licensee.
(C) The aggregate services contracted for do not exceed those that
are reasonable and necessary for the legitimate business purposes of
the arrangement.
(D) A person who is referred by a licensee or an immediate family
member of the licensee is informed in writing of the personal
services arrangement that includes information on where a person may
go to file a complaint against the licensee or the immediate family
member of the licensee.
(E) The term of the arrangement is for at least one year.
(F) The compensation to be paid over the term of the arrangement
is set in advance, does not exceed fair market value, and is not
determined in a manner that takes into account the volume or value of
any referrals or other business generated between the parties.
(G) The services to be performed under the arrangement do not
involve the counseling or promotion of a business arrangement or
other activity that violates any state or federal law.
(c) (1) A licensee may refer a person to a health facility, as
defined in Section 1250 of the Health and Safety Code, or to any
facility owned or leased by a health facility, if the recipient of
the referral does not compensate the licensee for the patient
referral, and any equipment lease arrangement between the licensee
and the referral recipient complies with the requirements of
paragraph (2) of subdivision (b).
(2) Nothing shall preclude this subdivision from applying to a
licensee solely because the licensee has an ownership or leasehold
interest in an entire health facility or an entity that owns or
leases an entire health facility.
(3) A licensee may refer a person to a health facility for any
service classified as an emergency under subdivision (a) or (b) of
Section 1317.1 of the Health and Safety Code.
(4) A licensee may refer a person to any organization that owns or
leases a health facility licensed pursuant to subdivision (a), (b),
or (f) of Section 1250 of the Health and Safety Code if the licensee
is not compensated for the patient referral, the licensee does not
receive any payment from the recipient of the referral that is based
or determined on the number or value of any patient referrals, and
any equipment lease arrangement between the licensee and the referral
recipient complies with the requirements of paragraph (2) of
subdivision (b). For purposes of this paragraph, the ownership may be
through stock or membership, and may be represented by a parent
holding company that solely owns or controls both the health facility
organization and the affiliated organization.
(d) A licensee may refer a person to a nonprofit corporation that
provides physician services pursuant to subdivision ( l )
of Section 1206 of the Health and Safety Code if the nonprofit
corporation is controlled through membership by one or more health
facilities or health facility systems and the amount of compensation
or other transfer of funds from the health facility or nonprofit
corporation to the licensee is fixed annually, except for adjustments
caused by physicians joining or leaving the groups during the year,
and is not based on the number of persons utilizing goods or services
specified in Section 650.01.
(e) A licensee compensated or employed by a university may refer a
person for a physician service, to any facility owned or operated by
the university, or to another licensee employed by the university,
provided that the facility or university does not compensate the
referring licensee for the patient referral. In the case of a
facility that is totally or partially owned by an entity other than
the university, but that is staffed by university physicians, those
physicians may not refer patients to the facility if the facility
compensates the referring physicians for those referrals.
(f) (1) Except as specified in paragraph (2), the prohibition of
Section 650.01 shall not apply to any service for a specific patient
that is performed within, or goods that are supplied by, a licensee's
office, or the office of a group practice. Further, the provisions
of Section 650.01 shall not alter, limit, or expand a licensee's
ability to deliver, or to direct or supervise the delivery of,
in-office goods or services according to the laws, rules, and
regulations governing his or her scope of practice.
(2) (A) The prohibition of Section 650.01
shall apply to advanced imaging, anatomic pathology, radiation
therapy, or physical therapy for a specific patient that is performed
within a licensee's office or the office of a group
practice. practice and that is compensated on a
fee-for-service basis.
(B) For purposes of this subdivision, "advanced imaging" means
magnetic resonance imaging, computed tomography, and positron
emission tomography. "Advanced imaging" does not include X-ray,
ultrasound, and fluoroscopy and does not include imaging services
performed for purposes of radiation therapy treatment planning or in
conjunction with an interventional radiological procedure or nuclear
medicine other than positron emission tomography.
(g) The prohibition of Section 650.01 shall not apply to cardiac
rehabilitation services provided by a licensee or by a suitably
trained individual under the direct or general supervision of a
licensee, if the services are provided to patients meeting the
criteria for Medicare reimbursement for the services.
(h) The prohibition of Section 650.01 shall not apply if a
licensee is in the office of a group practice and refers a person for
services or goods specified in Section 650.01 to a multispecialty
clinic, as defined in subdivision ( l ) of Section 1206 of
the Health and Safety Code.
(i) The prohibition of Section 650.01 shall not apply to health
care services provided to an enrollee of a health care service plan
licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code).
(j) The prohibition of Section 650.01 shall not apply to a request
by a pathologist for clinical diagnostic laboratory tests and
pathological examination services, a request by a radiologist for
diagnostic radiology services, or a request by a radiation oncologist
for radiation therapy if those services are furnished by, or under
the supervision of, the pathologist, radiologist, or radiation
oncologist pursuant to a consultation requested by another physician.
(k) This section shall not apply to referrals for services that
are described in and covered by Sections 139.3 and 139.31 of the
Labor Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
