(a)
Purpose. This statement
of policy provides guidelines for compliance with the act of May 26, 1988 (Act
66) (P. L. 403, No. 66) (35 P. S. §§
449.21-449.23).
(b)
General rule. Act 66
requires an osteopathic physician referring a patient for health-related
services, tests, pharmaceuticals, appliances or devices to a facility or entity
in which he has an ownership interest to disclose that interest prior to making
the referral, and to notify the patient of his freedom to choose an alternate
provider. Ownership interests will be considered by the Board to include
proprietary or beneficial interests through which the physician earns or has
the potential to earn income, or which produce a direct or indirect economic
benefit.
(c)
Compliance. An osteopathic physician holding or benefiting
from this ownership interest may comply with the requirements of Act 66 by
providing both general and specific notice to his patients.
(1)
General notice. A
printed notice, legible from 3 feet, may be posted in the patient waiting area,
substantially in the following form:
ACT 66 OF 1988 REQUIRES US TO NOTIFY YOU THAT YOUR
PHYSICIAN MAY REFER YOU FOR A MEDICAL SERVICE, PRODUCT OR DEVICE TO A FACILITY
OR BUSINESS IN WHICH HE OR SHE HAS A FINANCIAL INTEREST. IF THAT HAPPENS, WE
WILL LET YOU KNOW. YOU WILL ALWAYS HAVE THE FREEDOM TO CHOOSE AN ALTERNATE
PROVIDER.
(2)
Specific notice. When a physician makes such a referral, the
physician or the physician's delegate may retain a signed document in the
patient's medical records, substantially in the following form:
I have been referred to ___________ for ____________ . I
understand that my physician has a financial interest in this business, and
that I am free to choose an alternate provider.
______________________________________
(Signature of Patient)
______________________________________
(Signature of Physician/Delegate)
____________
(Date)
(d)
Referrals for certain
patients. Specific disclosures for referrals for patients who are
minors, unconscious or legally incompetent, may be made to a parent, legal
guardian or custodial adult or adult next of kin.
(e)
Civil penalty. Failure
to comply with Act 66 may result in the imposition of a civil penalty, not to
exceed $1,000, for each violation, after formal proceedings before the
Board.
(f)
Exception. Compliance with Act 66 will not be required in the
event of an emergency.
