Pennsylvania Code
Title 55 - HUMAN SERVICES
Part III - MEDICAL ASSISTANCE MANUAL
Chapter 1102 - SHARED HEALTH FACILITIES
ADMINISTRATIVE SANCTIONS
Section 1102.81 - Prohibited acts of a shared health facility and providers practicing in the shared health facility
Universal Citation: 55 PA Code ยง 1102.81
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Prohibited acts of shared health facilities, their owners, operators and administrators and providers practicing in the shared health facility are as follows:
(1) The rental fee for letting space
to providers in a shared health facility may not be calculated wholly or
partially, directly or indirectly, as a percentage of earnings or billings of
the provider for services rendered on the premises in which the shared health
facility is located. The operator of each facility shall file a copy of each
lease and a renewal thereof with the Department.
(2) No purveyor, whether or not located in a
building which houses a shared health facility, shall directly or indirectly
offer, pay or give to a shared health facility or its providers, and no shared
health facility or its providers may solicit, request, receive or accept from a
purveyor, either directly or indirectly, a sum of money, credit or other
valuable consideration for:
(i) Recommending
or procuring goods, services or equipment of the purveyor.
(ii) Directing patronage or clientele to the
purveyor.
(iii) Influencing a
person to refrain from using or utilizing goods, services or equipment of a
purveyor.
(3) No provider
or purveyor may demand or collect a reimbursement contrary to the payment
policy of the Medical Assistance Program.
(4) No purveyor may provide to a recipient
services, equipment, pharmaceuticals or other medical supplies differing in
quantity or in another respect from that described in the payment invoice
submitted by the provider to the Department. No purveyor may provide to a
recipient services, equipment, pharmaceutical or medical supplies differing in
quality, quantity or in another respect from that prescribed.
(5) No recipient may be referred by a
provider in a shared health facility or by a person employed in the facility to
another provider in the shared health facility except under the following
circumstances and restrictions:
(i) The
referral shall be medically justified and the record maintained by the
referring provider shall clearly indicate the justification for the
referral.
(ii) A provider in a
shared health facility to whom a recipient is referred shall communicate in
writing to the referring provider the diagnostic evaluation and therapy
rendered. The referring provider shall incorporate this information into the
permanent medical record of the recipient.
(iii) The invoices submitted to the
Department by the provider to whom a recipient has been referred shall contain
the name and provider number of the referring provider and identify the medical
problem which necessitated the referral.
(6) If a pharmacy is located in, or adjacent
to, the building in which a shared health facility is located, no recipient may
be required to purchase pharmaceuticals at the pharmacy. The shared health
facility shall prominently post a notice in the common waiting area informing
recipients that all pharmaceuticals prescribed by providers in the facility may
be obtained at any participating pharmacy of the choice of the recipient.
(7) No provider may submit an
invoice for services or items rendered at a shared health facility which does
not contain the provider number of the provider who rendered the service or
item and is not signed by the provider after the service or item has been
rendered.
(8) No order may be
issued by a provider for ancillary clinical services, including, but not
limited to X-rays, electrocardiograms, clinical laboratory services,
electroencephalograms or medical supplies and equipment which does not contain
the professional license number and the medical assistance identification
number of the prescriber and the provider number assigned to the facility at
which the order was written.
(9)
Each provider shall submit a true bill or invoice for services rendered under
the program.
(b) In addition to the prohibited acts specified in this section, providers at a shared health facility are subject to the prohibited acts and criminal and civil penalties specified in Chapter 1101 (relating to general provisions).
This section cited in 55 Pa. Code § 1101.75 (relating to provider prohibited acts).
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