Nev. Admin. Code § 439B.5406 - Authorized referrals to facilities in which practitioner has financial interest
1. The provisions
of
NRS
439B.425 do not prohibit a practitioner from
referring a patient, for a service or for goods related to health care, to a
health facility, medical laboratory or commercial establishment in which the
practitioner has a financial interest if the referral is made on or before June
30, 1994, and:
(a) The financial interest
existed on or before June 30, 1993;
(b) The practitioner files with the director,
on or before December 31, 1993, a form provided by the department for the
purpose of declaring a financial interest and requesting the authority to make
the referral until June 30, 1994;
(c) The practitioner cures any defect in the
form filed pursuant to paragraph (b) within 15 days from the date of postage of
the notice of that defect provided by the director pursuant to subsection 4;
and
(d) The practitioner provides
to each referred patient a written notice of his financial interest in any
goods or services to be provided as a result of the referral.
2. The provisions of
NRS
439B.425 do not prohibit a practitioner who,
pursuant to subsection 1, has the authority to make a referral until June 30,
1994, from referring a patient, for a service or for goods related to health
care, to a health facility, medical laboratory or commercial establishment in
which the practitioner has a financial interest if the referral is made on or
before December 31, 1994, and:
(a) The
practitioner files with the director, on or before May 31, 1994, a form
provided by the department for the purpose of requesting the authority to make
the referral until December 31, 1994;
(b) The practitioner cures any defect in the
form filed pursuant to paragraph (a) within 15 days from the date of postage of
the notice of that defect provided by the director pursuant to subsection
4;
(c) The practitioner submits an
affidavit testifying that there has been a good faith effort to divest the
financial interest or otherwise come into compliance with
NRS
439B.425 and setting forth the practitioner's
plan to divest the financial interest; and
(d) The practitioner provides to each
referred patient a written notice of his financial interest in any goods or
services to be provided as a result of the referral.
3. For any request for the authority to make
a referral pursuant to subsection 2, the director will notify the practitioner
in writing of his decision on or before June 30, 1994.
4. If there is any defect in a form submitted
pursuant to paragraph (b) of subsection 1 or paragraph (a) of subsection 2, the
director will provide notice of the defect to the practitioner by
mail.
Notes
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