Bill Text: OR SB389 | 2013 | Regular Session | Introduced
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
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. + } ----------