State Activity Update
Phase One of State Self-Referral Project Is Complete.
At the request of the State Government Relations Committee, the ACR contracted with the law firm Crowell & Moring in Washington, DC, in an effort to better analyze state-by-state self-referral and certificate of need laws. The project is to be developed and released to members in 3 stages: a state-by-state analysis of physician self-referral laws, a similar analysis for certificate of need laws, and possible model legislation for state chapters. A summary of phase one in a convenient chart format is currently available to members on the ACR Web site, www.acr.org. It can be found under the Advocacy tab, then under State Government Relations.
An excellent, brief policy rationale as to why state self-referral laws are needed, the paper is designed to be an effective tool to leave with a state legislator to help him or her better understand the issue and the need for regulation. If you would like a copy of this paper, or more specific information on physician self-referral laws for your state, please contact Ariel González, state legislative specialist, at (703) 715-3488, or at arielg@acr.org.
Maryland's First Enforcement Case for Self-Referral Statute.
The Maryland Board of Physicians is bringing forward its first enforcement case of its self-referral statute relating to the Maryland Health Occupations Code and the Maryland Medical Practice Act. The hearing is scheduled for May 3 and 4. The case involves a neurosurgeon who, through his practice, leased an MRI machine for the purpose of referring the practice's patients for MRI scans. The practice contracted with an outside radiology group to read and interpret the images. No radiologist at the outside group was a member of the neurosurgeon's practice. The neurosurgeon entered into an agreement with his facility(in which he has a financial interest) to refer patients for MRI scans. The neurosurgeon presented third-party payer claims, bills, and other demands of payment for MRI scans performed as a result of the self-referral.
If he is found in violation of the Maryland Health Code, the board may impose sanctions against the doctor's license, including revocation, suspension, or reprimand, or it may place the physician on probation or impose a monetary fine.