Current through Register 1531, September 27, 2024
(1)
Physician Ownership in a For-profit Acute Care Hospital or
HMO. As required by M.G.L. c. 112, § 5M, a licensee shall
report to the Board that he or she has an ownership interest in a for-profit
acute care hospital, as defined in M.G.L. c. 111, § 25B, or a for-profit
health maintenance organization, as defined in M.G.L. c. 111, § 25B. The
licensee shall report to the Board the percentage of ownership interest he or she
holds in relation to the total ownership interest in the for-profit entity.
(a) The licensee shall make an initial report
of ownership interest to the Board within 30 days of acquiring such ownership
interest.
(b) After the initial
report, the licensee shall report the existence of the ownership interest and the
ownership percentage biennially during the license renewal process.
(c) The licensee shall report a material change
in his or her ownership interest to the Board within 30 days of the
change.
(d) A licensee shall report
to the Board when he or she ceases to have an ownership interest, within 30 days
of ceasing to have an ownership interest.
(2)
Physician Ownership Interest in
Facilities Providing Physical Therapy Services. A licensee shall
report to the Board that he or she has an ownership interest in physical therapy
services, pursuant to M.G.L. c. 112, § 12AA.
(a) The initial report shall be made to the
Board within 30 days of acquiring the ownership interest. A sample of the blank
written referral form must be submitted to the Board.
(b) After the initial report, the licensee
shall report his or her ownership interest biennially during the licensee's
renewal process.
(c) When there is a
change in the information provided in
243 CMR
2.07, including a change to the patient
referral form, the licensee shall report the change to the Board within 30 days
of the change, and send a copy of the new referral form to the Board.
(d)
Disclosure to
Patient. A licensee who refers a patient for physical therapy
services to an entity in which he or she has a financial ownership interest, as
defined in M.G.L. c. 112, § 12AA, shall do the following:
1. The licensee shall disclose his or her
financial ownership interest to the patient.
2. The licensee shall provide the patient with
a written referral that informs the patient that physical therapy services may be
available from other physical therapists in the community. The referral notice
shall conspicuously contain the following language: "The referring registered or
licensed person maintains an ownership interest in the facility to which you are
being referred for physical therapy. Physical therapy services may be available
elsewhere in the community."
3. The
licensee shall disclose his or her ownership interest with the Board, along with
a copy of a blank written referral notice given to patients.
(e)
Maintaining a Referral
List. Any licensee who refers a patient for physical therapy
services to any partnership, corporation, firm or other legal entity in which he
or she has an ownership interest shall maintain a list of any such referrals. A
licensee shall make this list available to the Board for inspection at the
Board's request.
(3)
Extensions for Good Cause. The Chair of the Board or his
or her designee may approve a written request for an extension of the time period
required for notification, provided that the basis for such request demonstrates
good cause.
(4)
Ownership
Interest. Ownership Interest shall mean any and all ownership
interest, including but not limited to any membership, proprietary interest,
stock interest, partnership interest, co-ownership in any form or any
profit-sharing arrangement. Ownership interest shall not apply to any financial
arrangements between a health maintenance organization licensed under M.G.L. c.
176G or a preferred provider arrangement organized under M.G.L. c. 176I and its
participating providers. Ownership interest shall not apply to financial
arrangements among participating providers of such health maintenance
organization or such preferred provider arrangement.
(5)
Statutory Report.
Reports under 243 CMR 2.11 are mandated reports under
243 CMR 2.13
and
2.14 and shall
be reported to the Data Repository.
