Sec. 3. (a) Except as provided in subsection (b), a physician must do 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 has a financial interest in the health care entity.

Terms Used In Indiana Code 25-22.5-11-3

  • financial interest: means an ownership or investment interest through equity, debt, or other means. See Indiana Code 25-22.5-11-1
  • health care entity: means an organization or a business that provides diagnostic, medical, or surgical services, dental treatment, or rehabilitative care. See Indiana Code 25-22.5-11-2
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Physician: means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana. See Indiana Code 25-22.5-1-1.1
(2) Inform the individual in writing that the individual may choose to be referred to another health care entity.

The individual shall acknowledge receipt of the notice required under this section by signing the notice. The physician shall keep a copy of the signed notice.

     (b) Subsection (a) does not apply if a delay in treatment caused by compliance with the requirements of subsection (a) would reasonably be 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.