BILL REQ. #:  H-2785.1 

Read first time 03/30/2005.   Referred to Committee on Appropriations.

     AN ACT Relating to physician referrals; adding a new section to chapter 18.71 RCW; and adding a new section to chapter 18.57 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 18.71 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Financial relationship" means a relationship between a physician and a health care facility and that includes either:
     (i) An ownership or investment interest; or
     (ii) A compensation arrangement that involves remuneration between a physician, or an immediate family member of a physician, and a health care facility.
     (b) "Health care facility" means a radiologist group practice or an office consisting solely of one or more radiologists.
     (c) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.
     (d) "Radiology services" means health care services performed by a radiologist or credentialed assistive personnel of a radiologist, including magnetic resonance imaging services, computed axial tomography services, or positron emission tomography services.
     (2) A physician may not refer a patient, or direct an employee of or person under contract with the physician to refer a patient, for radiology services at a health care facility in which the physician has a financial relationship.
     (3) No health care services contractor or health plan is responsible for payments for radiology services provided pursuant to an improper referral under subsection (2) of this section.
     (4) A violation of this section constitutes unprofessional conduct under chapter 18.130 RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.57 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Financial relationship" means a relationship between an osteopathic physician or surgeon and a health care facility and that includes either:
     (i) An ownership or investment interest; or
     (ii) A compensation arrangement that involves remuneration between an osteopathic physician or surgeon, or an immediate family member of an osteopathic physician or surgeon, and a health care facility.
     (b) "Health care facility" means a radiologist group practice or an office consisting solely of one or more radiologists.
     (c) "Radiologist" means a physician certified by the American board of radiology or the American osteopathic board of radiology.
     (d) "Radiology services" means health care services performed by a radiologist or credentialed assistive personnel of a radiologist, including magnetic resonance imaging services, computed axial tomography services, or positron emission tomography services.
     (2) An osteopathic physician or surgeon may not refer a patient, or direct an employee of or person under contract with the osteopathic physician or surgeon to refer a patient, for radiology services at a health care facility in which the osteopathic physician or surgeon has a financial relationship.
     (3) No health care services contractor or health plan is responsible for payments for radiology services provided pursuant to an improper referral under subsection (2) of this section.
     (4) A violation of this section constitutes unprofessional conduct under chapter 18.130 RCW.