(a)  It shall be unlawful for any purveyor of clinical laboratory services, directly or indirectly, through any person, firm, corporation, or association, or its officers or agents, to bill or receive payment, reimbursement, compensation, or fee from any person other than the recipient of the services, the recipient being the person upon whom the clinical services have been or will be rendered.

Terms Used In Rhode Island General Laws 23-16.2-5.1

  • Clinical laboratory: means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, radiobioassay, cytological, pathological, or other examination of materials derived from the human body for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of or the assessment of the health of human beings. See Rhode Island General Laws 23-16.2-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  The provisions of subsection (a) of this section shall be inapplicable to payment by:

(1)  A legal relative of the recipient of the services;

(2)  An insurance carrier designated by the recipient of the services;

(3)  A hospital on behalf of an in-patient or out-patient of the hospital having been the recipient of the services;

(4)  One purveyor to another purveyor for actual services rendered;

(5)  An industrial firm only for its own employees;

(6)  A trade union health facility only for its registered patients;

(7)  Governmental agencies and/or their specified public or private agent, agency, or organization on behalf of the recipient of the services.

(c)  A clinical laboratory shall not offer or give a commission, rebate or other fee, directly or indirectly, to any person as consideration for the referral of a specimen derived from a human body to a clinical laboratory for examination by the laboratory.

(d)  A clinical laboratory shall not solicit or accept a commission, rebate, or other fee, directly or indirectly, from any person as consideration for the referral of a specimen derived from the human body to a clinical laboratory for examination by the laboratory.

(e)  A clinical laboratory shall not lend the use of the name of a clinical laboratory or a licensed hospital or clinic, or any other employee of the laboratory or institution, to an unlicensed clinical laboratory.

History of Section.
P.L. 1975, ch. 114, § 1; P.L. 1978, ch. 356, § 1; G.L. 1956, § 23-39-5.1; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-16.2-5.1.