SB640: Bill Text

SB640,10,22 (4) When making a referral under this section, a health care provider shall dis close his or her financial interest in the entity to which the patient is being referred to the patient and, if it requests information regarding the health care provider's fi nancial interest, to a 3rd-party payor. If alternative facilities are reasonably avail able, the health care provider shall provide the patient with a list of the alternative facilities and shall inform the patient that he or she may use the alternative facility other than the one in which the health care worker has a financial interest. A health care provider may not treat a patient differently if the patient chooses to use an alter native facility.

SB640,10,25 (5) No entity may receive referrals under this section unless the entity esta blishes a referral review program to ensure that referrals from health care providers who have a financial interest in the entity are appropriate or necessary referrals.

SB640,11,6 (6) If compliance with the provisions of this section are not practical, as defined by rule by the commission, the health care provider may refer the patient to an entity in which he or she has a financial interest without submitting a written request un der sub. (3). A health care provider making a referral under this subsection shall pro vide the patient with information concerning all reasonably available alternative fa cilities.

SB640,11,9 150.888 Evasion. No health care provider may enter into an agreement or ar rangement with another person that provides for the other person to make a referral that the health care provider is prohibited by this subchapter to make directly.

SB640,11,16 150.89 Advisory opinions. A health care provider may request in writing that the commission provide an advisory opinion concerning whether a referral to an entity violates this subchapter. The opinion of the commission requested under this section shall be presumptively correct. If the commission does not provide the opin ion within 90 days after receiving the written request the health care provider may make the referral and the referral shall not be considered to be a violation of this sub chapter.

SB640,11,18 150.892 Rule-making authority. The commission shall promulgate rules that it determines are necessary to administer this subchapter.

SB640,11,20 150.894 Penalties. Any person violating this subchapter or a rule promul gated under this subchapter shall forfeit $20,000 for each violation.

SB640, s. 2 Section 2. 441.07 (1) (f) of the statutes is created to read:

SB640,11,23 441.07 (1) (f) Any act that violates subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 3 Section 3. 446.04 (4m) of the statutes is created to read:

SB640,12,2 446.04 (4m) Violating subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150; and

SB640, s. 4 Section 4. 447.07 (3) (km) of the statutes is created to read:

SB640,12,5 447.07 (3) (km) Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 5 Section 5. 448.01 (11) of the statutes is renumbered 448.01 (11) (intro.) and amended to read:

SB640,12,8 448.01 (11) (intro.) "Unprofessional conduct" means those any of the following:

SB640,12,11 (a) Those acts or attempted acts of commission or omission defined as unprofes sional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any.

SB640,12,12 (b) Any act by a physician or podiatrist in violation of ch. 161 or 450.

SB640, s. 6 Section 6. 448.01 (11) (c) of the statutes is created to read:

SB640,12,16 448.01 (11) (c) Any act in violation of subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150 by a person holding a license, certificate or limited permit granted by the board.

SB640, s. 7 Section 7. 448.57 (2) (gm) of the statutes is created to read:

SB640,12,19 448.57 (2) (gm) Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 8 Section 8. 448.90 (2) (gm) of the statutes is created to read:

SB640,12,22 448.90 (2) (gm) Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 9 Section 9. 449.07 (1) (fc) of the statutes is created to read:

SB640,12,25 449.07 (1) (fc) Violates subch. V. of ch. 150 or a rule promulgated under subch. V of ch. 150;

SB640, s. 10 Section 10. 449.19 of the statutes is amended to read:

SB640,13,7 449.19 Referral to other specialists. If, during the course of examining a person, an optometrist determines the existence of a pathological condition requiring treatment outside the scope of the practice of optometry, the optometrist shall so ad vise the person and shall refer the person to an appropriate medical specialist for fur ther evaluation. No referral under this section may violate subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 11 Section 11. 450.10 (1) (a) 3m. of the statutes is created to read:

SB640,13,10 450.10 (1) (a) 3m. Violating subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 12 Section 12. 455.09 (1) (em) of the statutes is created to read:

SB640,13,13 455.09 (1) (em) Violates subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 13 Section 13. 457.26 (2) (gm) of the statutes is created to read:

SB640,13,16 457.26 (2) (gm) Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 14 Section 14. 459.34 (2) (fm) of the statutes is created to read:

SB640,13,19 459.34 (2) (fm) Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 15 Section 15. 459.46 (5) (b) 6m. of the statutes is created to read:

SB640,13,22 459.46 (5) (b) 6m. Violated subch. V of ch. 150 or a rule promulgated under subch. V of ch. 150.

SB640, s. 16 Section 16. Initial applicability.

SB640,13,25 (1)  This act first applies to referrals made on the effective date of this subsec tion.

SB640, s. 17 Section 17. Effective date.

SB640,14,3 (1)  This act takes effect on the first day of the 7th month beginning after publi cation.

SB640,14,4 (End)