This bill amends existing law to allow physicians to make referrals to certain surgical centers, specifically those licensed by the Department of Health. Currently, practitioners are generally prohibited from referring patients to health care services in which they or their immediate family have a significant beneficial interest, with limited exceptions. The bill expands these exceptions to include referrals for procedures performed at surgical practices that meet specific licensing criteria, which include having a dedicated operating room and recovery area, and being established for private medical practice.

Additionally, the bill introduces new provisions that allow referrals to health care services where the practitioner has a significant beneficial interest, provided that the referral is made in the context of an alternative payment model and that the determination of the interest's relevance is documented for ten years. Other conditions for referrals include the requirement that the referring practitioner personally performs the procedure and that their remuneration is proportional to their ownership interest, not the volume of referrals. Overall, the bill aims to enhance patient access to surgical services while maintaining transparency and ethical standards in physician referrals.

Statutes affected:
Introduced: 45:9-22.5