Ohio Code 4731.67 – Referrals – exceptions to prohibited acts
Section 4731.66 of the Revised Code does not apply to any of the following referrals by the holder of a license under this chapter:
Terms Used In Ohio Code 4731.67
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A) Referrals for physicians’ services that are performed by or under the personal supervision of a physician in the same group practice as the referring physician;
(B) Referrals for clinical laboratory services by a license holder specializing in the practice of pathology if those services are provided by or under the supervision of the pathologist pursuant to a consultation requested by another physician;
(C) Referrals for in-office ancillary services to which all of the following apply:
(1) The services are furnished by the referring physician, a physician in the same group practice as the referring physician, or individuals who are employed by the referring physician or the group practice and who are supervised by the referring physician or a physician in the group practice, and are furnished either:
(a) In a building in which the referring physician, or another physician in the same group practice as the referring physician, furnishes physicians’ services unrelated to the furnishing of designated health services;
(b) In another building used by the referring physician’s group practice for the centralized provision of the group’s designated health services.
(2) The services are billed by the physician performing or supervising the services, the physician’s group practice, or an entity wholly owned by the group practice.
(3) The physician’s ownership or investment interest in the services described in this division meets any other requirements that the state medical board applies in rules adopted under section 4731.70 of the Revised Code.
(D) Referrals for in-office ancillary services if the third-party payer is aware of and has agreed in writing to reimburse the services notwithstanding the financial arrangement between the physician and the provider of such ancillary services.
(E) Referrals for services furnished by a health insuring corporation to an enrollee of the corporation;
(F) Referrals to a hospital for designated health services, if all of the following apply:
(1) The financial arrangement between the referring physician or immediate family member and the hospital consists of an ownership or investment interest described in division (A)(1) of section 4731.66 of the Revised Code and not a compensation arrangement described in division (A)(2) of that section.
(2) The referring physician is authorized to perform services at the hospital.
(3) The ownership or investment interest is in the hospital itself and not merely in a subdivision of the hospital.
(G) Referrals to a hospital with which the license holder’s or immediate family member’s financial relationship does not relate to the provision of designated health services;
(H) Referrals to a laboratory located in a rural area as defined in section 1886(d)(2)(D) of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C.A. 1395ww(d)(2)(D), as amended, if the financial relationship consists of an ownership or investment interest described in division (A)(1) of section 4731.66 of the Revised Code, and not a compensation arrangement described in division (A)(2) of that section;
(I) Any other referrals in which the financial relationship between the license holder or immediate family member and the person furnishing services has been specified in rules adopted by the state medical board under section 4731.70 of the Revised Code.