6038‑ AMS HC S3633.1

SB 6038 - S COMM AMD

By Committee on Health & Long-Term Care

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.    The legislature finds that there is a growing practice of health care professionals having financial interest in laboratory and other services.  The legislature further finds that such practices may result in overutilization of health care services and excessive costs to individuals, third-party payers, and the health care system.

    The legislature declares that the notification of patients and third-party payers about these referral practices can make them more aware of such practices and allow payers to track providers who through referrals overutilize services for financial reasons."

    "Sec. 2.  RCW 19.68.010 and 1973 1st ex.s. c 26 s 1 are each amended to read as follows:

    It shall be unlawful for any person, firm, corporation or association, whether organized as a cooperative, or for profit or nonprofit, to pay, or offer to pay or allow, directly or indirectly, to any person licensed by the state of Washington to engage in the practice of medicine and surgery, drugless treatment in any form, dentistry, or pharmacy and it shall be unlawful for such person to request, receive or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or other valuable consideration in connection with the referral of patients to any person, firm, corporation or association, or in connection with the furnishings of medical, surgical or dental care, diagnosis, treatment or service, on the sale, rental, furnishing or supplying of clinical laboratory supplies or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for medical diagnosis, care or treatment:  PROVIDED, That ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or dental diagnosis shall not be prohibited under this section where (1) the referring practitioner affirmatively discloses to the patient and the patient's insurer in writing, the fact that such practitioner has a financial interest in such firm, corporation, or association; (2) the referring practitioner provides the patient with a list of effective alternative facilities, informs the patient that he or she has the option to use one of the alternative facilities, and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses one of the alternative facilities; and (3) that such firm, corporation, or association shall also notify the insurer at the time of billing for said services.

    Any person violating the provisions of this section is guilty of a misdemeanor."

SB 6038 - S COMM AMD

By Committee on Health & Long-Term Care

    On page 1, line 2 of the title, after "professions;" strike the remainder of the title and insert "amending RCW 19.68.010; and creating a new section."