CHAPTER 11. PHYSICIAN REFERRAL TO CERTAIN HEALTH CARE ENTITIES

IC 25-22.5-11
    Chapter 11. Physician Referral to Certain Health Care Entities

IC 25-22.5-11-1
"Financial interest"
    Sec. 1. (a) As used in this chapter, "financial interest" means anownership or investment interest through equity, debt, or othermeans. The term includes an ownership or investment interest in anentity that holds:
        (1) directly; or
        (2) through a subsidiary;
an ownership or investment interest in a health care entity.
    (b) The term does not include the following:
        (1) Ownership of investment securities (including shares orbonds, debentures, notes, or other debt instruments) that may bepurchased on terms generally available to the public and thatare:
            (A) securities:
                (i) listed on the New York Stock Exchange, the AmericanStock Exchange, any regional exchange in whichquotations are published on a daily basis, or foreignsecurities listed on a recognized foreign, national, orregional exchange in which quotations are published on adaily basis; or
                (ii) traded under the National Association of SecuritiesDealers, Inc. Automated Quotations System; and
            (B) in a corporation that had, at the end of the corporation'smost recent fiscal year, or on average during the previousthree (3) fiscal years, stockholder equity exceedingseventy-five million dollars ($75,000,000).
        (2) Ownership of shares in a regulated investment company asdefined in section 851(a) of the Internal Revenue Code of 1986,if such company had, at the end of the company's most recentfiscal year, or on average during the previous three (3) fiscalyears, total assets exceeding seventy-five million dollars($75,000,000).
As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-2
"Health care entity"
    Sec. 2. As used in this chapter, "health care entity" means anorganization or a business that provides diagnostic, medical, orsurgical services, dental treatment, or rehabilitative care.
As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-3
Physician requirements before referring patient to health careentity; exception
    Sec. 3. (a) Except as provided in subsection (b), a physician mustdo the following before referring an individual to a health care entity

in which the physician has a financial interest:
        (1) Disclose in writing to the individual that the physician hasa financial interest in the health care entity.
        (2) Inform the individual in writing that the individual maychoose to be referred to another health care entity.
The individual shall acknowledge receipt of the notice requiredunder this section by signing the notice. The physician shall keep acopy of the signed notice.
    (b) Subsection (a) does not apply if a delay in treatment caused bycompliance with the requirements of subsection (a) would reasonablybe expected by the referring physician to result in serious:
        (1) jeopardy to the individual's health;
        (2) impairment to the individual's bodily functions; or
        (3) dysfunction of a bodily organ or part of the individual.
As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-4
Compliance as condition for physician licensure
    Sec. 4. Compliance with this chapter is a condition of licensureunder this article.
As added by P.L.217-2005, SEC.26.

IC 25-22.5-11-5
Intent not to conflict with federal law
    Sec. 5. This chapter is not intended to conflict with 42 U.S.C.1395nn or 42 U.S.C. 1396b(s).
As added by P.L.217-2005, SEC.26.