Louisiana Administrative Code
Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XLV - Medical Professions
Subpart 3 - Practice
Chapter 42 - Illegal Payments; Required Disclosures of Financial Interests ; Prohibition on Rural Physician Self-Referral
Subchapter C - Prohibition on Rural Physician Self Referral
Section XLV-4237 - Exceptions
Universal Citation: LA Admin Code XLV-4237
Current through Register Vol. 50, No. 9, September 20, 2024
A. The prohibitions contained in Section 4235 of this Subchapter shall not apply to healthcare services furnished by a healthcare facility provided that:
1. the rural hospital in whose primary
service area such facility is located is offered the option to participate in
the ownership of the healthcare facility on commercially reasonable terms and
conditions that are conveyed in a written offer by the proposing
party;
2. the offer is priced
commensurate with the interest offered, whether such purchase price is in the
form of cash or debt, and the interest offered is not less than a majority
interest in the healthcare facility;
3. the rural hospital accepts or rejects the
offer in writing within 90 days of receipt from the proposing party after being
provided an opportunity to review the following with respect to the proposed
healthcare facility:
a. a bona fide business
plan, including a financial feasibility study;
b. pro forma income and balance sheets;
and
c. a sources and uses of funds
analysis;
4. the closing
of the acquisition of the ownership interest occurs within 90 days of written
acceptance of the offer unless delayed by mutual consent of the rural hospital
and proposing party; and
5. the
rural hospital and proposing party act in good faith in accordance with the
requirements of Civil Code Article 1759.
B. The prohibitions contained in Section 4235 of this Subchapter shall not be applicable until and unless primary service area descriptions are published in the Louisiana Register in accordance with R.S. 37:1309 B.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1270, R.S. 37:1306-1310.
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