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physician rPOLICY 32

Physician Self-Referral
The referral of patients to an additional individual provider or institution for any services in which the referring physician has a financial interest may constitute “self-referral.” Physicians who make referrals to professional practitioners or health care entities or facilities in which they have financial interest must provide full disclosure of that interest to patients, allowing them to make informed decisions. In addition, patients should be given a list of effective alternative resources, if any, that are reasonably available, informed that they have the option to use one of the alternative resources, and assured that they will not be treated differently by the physician if they choose an alternative provider or entity. Physicians should make referrals to providers based only on the needs of the patient and the medical standard of care in order to provide quality health care to their patients.
References: Stark 42-USC-1395nn 42 C.F.R. 411.350 et seq. Stark 42-USC-1320a-7b 42 C.F.R. 1001.951 American Medical Association Council on Long Range Planning and Development in cooperation with the Council on Constitution and Bylaws, and the Council on Ethical and Judicial Affairs. Policy Compendium. Chicago: American Medical Association, 1999, E-8.00, 106-111. Code of Medical Ethics, Current Opinions and Annotations, Council on Ethical and Judicial Affairs, American Medical Association: 95, 108-112. The Physician Ownership and Referral Act (PORA) Cal. Bus. & Prof. Code §650.01 Stark II Regulations: The Good, The Bad & The Ugly, Law Watch, Foley Lardner Weissburg & Aronson, Jan. 15, 1998. Disclosing Physician Financial Incentives, JAMA, 1999;281: 1424-1430.
Adopted by the Board of Trustees, 9/24/99 Amendments adopted by the Board of Trustees, 2/21/04

POLICY 33

Disclosure of Financial Interest in Prescribed

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