Missouri Laws 334.252 – Physicians prohibited referral to certain physical therapists, definitions
As used in this section and section 334.253, the following terms mean:
(1) “Board”, the state board of registration for the healing arts in the state of Missouri;
Terms Used In Missouri Laws 334.252
- board: means the state board of registration for the healing arts in the state of Missouri. See Missouri Laws 334.020
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- United States: includes such district and territories. See Missouri Laws 1.020
(2) “Entity”, any individual, partnership, firm, corporation, or other business entity which provides, furnishes, or refers physical therapy services;
(3) “Fair market value”, value in arms length transactions, consistent with the general market value and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee;
(4) “Joint venture”, any ownership or investment interest or compensation arrangement between physicians and an entity providing physical therapy services;
(5) “Physician”, any physician licensed under chapter 334;
(6) “Referral”, any referral or prescription, written or verbal, for physical therapy service;
(7) “Remuneration” includes any remuneration, directly or indirectly, overtly or covertly, in-cash or in-kind arising out of a compensation arrangement of any kind. Remuneration does not include any payment by a lessee or lessor for the use of premises or equipment as long as all of the following five standards are met:
(a) The lease agreement is set out in writing and signed by the parties;
(b) The lease specifies the premises or equipment covered by the lease;
(c) If the lease is intended to provide the lessee with access to the premises or to the equipment for periodic intervals of time, rather than on a full-time basis for a term of the lease, the lease shall specify exactly the schedule of such intervals, their precise length, and the exact rent for such intervals;
(d) The term of the lease is not for less than one year;
(e) The aggregate rental charge is set in advance, is consistent with fair market in arms length transactions, and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties;
(8) “Rural area”, a county with a population density of no greater than one hundred persons per square mile, as defined by the latest United States Census.