243 CMR, § 2.11 - Physician Ownership Interests
(1)
Physician Ownership in a For-profit Acute Care Hospital or
HMO. As required by M.G.L. c. 112, § 5M, a licensee shall
report to the Board that he or she has an ownership interest in a for-profit
acute care hospital, as defined in M.G.L. c. 111, § 25B, or a for-profit
health maintenance organization, as defined in M.G.L. c. 111, § 25B. The
licensee shall report to the Board the percentage of ownership interest he or
she holds in relation to the total ownership interest in the for-profit entity.
(a) The licensee shall make an initial report
of ownership interest to the Board within 30 days of acquiring such ownership
interest.
(b) After the initial
report, the licensee shall report the existence of the ownership interest and
the ownership percentage biennially during the license renewal
process.
(c) The licensee shall
report a material change in his or her ownership interest to the Board within
30 days of the change.
(d) A
licensee shall report to the Board when he or she ceases to have an ownership
interest, within 30 days of ceasing to have an ownership interest.
(2)
Physician
Ownership Interest in Facilities Providing Physical Therapy
Services. A licensee shall report to the Board that he or she has
an ownership interest in physical therapy services, pursuant to M.G.L. c. 112,
§ 12AA.
(a) The initial report shall be
made to the Board within 30 days of acquiring the ownership interest. A sample
of the blank written referral form must be submitted to the Board.
(b) After the initial report, the licensee
shall report his or her ownership interest biennially during the licensee's
renewal process.
(c) When there is
a change in the information provided in
243 CMR
2.07, including a change to the patient
referral form, the licensee shall report the change to the Board within 30 days
of the change, and send a copy of the new referral form to the Board.
(d)
Disclosure to
Patient. A licensee who refers a patient for physical therapy
services to an entity in which he or she has a financial ownership interest, as
defined in M.G.L. c. 112, § 12AA, shall do the following:
1. The licensee shall disclose his or her
financial ownership interest to the patient.
2. The licensee shall provide the patient
with a written referral that informs the patient that physical therapy services
may be available from other physical therapists in the community. The referral
notice shall conspicuously contain the following language: "The referring
registered or licensed person maintains an ownership interest in the facility
to which you are being referred for physical therapy. Physical therapy services
may be available elsewhere in the community."
3. The licensee shall disclose his or her
ownership interest with the Board, along with a copy of a blank written
referral notice given to patients.
(e)
Maintaining a Referral
List. Any licensee who refers a patient for physical therapy
services to any partnership, corporation, firm or other legal entity in which
he or she has an ownership interest shall maintain a list of any such
referrals. A licensee shall make this list available to the Board for
inspection at the Board's request.
(3)
Extensions for Good
Cause. The Chair of the Board or his or her designee may approve a
written request for an extension of the time period required for notification,
provided that the basis for such request demonstrates good cause.
(4)
Ownership
Interest. Ownership Interest shall mean any and all ownership
interest, including but not limited to any membership, proprietary interest,
stock interest, partnership interest, co-ownership in any form or any
profit-sharing arrangement. Ownership interest shall not apply to any financial
arrangements between a health maintenance organization licensed under M.G.L. c.
176G or a preferred provider arrangement organized under M.G.L. c. 176I and its
participating providers. Ownership interest shall not apply to financial
arrangements among participating providers of such health maintenance
organization or such preferred provider arrangement.
Notes
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