(A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under § 44-113-20(10)(d) or § 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:

(1) the existence of the investment interest;

Terms Used In South Carolina Code 44-113-40

  • Entity: means an individual, partnership, firm, corporation, or other business entity. See South Carolina Code 44-113-20
  • Investment interest: means an equity or debt security issued by an entity including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. See South Carolina Code 44-113-20
  • Investor: means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor. See South Carolina Code 44-113-20
  • Referral: means a referral of a patient by a health care provider for health care services including, but not limited to:

    (a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or

    (b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice. See South Carolina Code 44-113-20

(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;

(3) the patient’s right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor;

(4) the names and addresses of at least two alternative sources of these items or services available to the patient;

(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.

(B) The referring provider must obtain the patient’s signature that the information required under subsection (A) has been provided to the patient.

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