Indiana law requires you to provide written disclosure of ownership in a health care facility to your patients before referring them to that facility. You must obtain the patient’s signature as written acknowledgment of the notice and keep copies of the signed notice. The only exception would be in emergency situations.
Written disclosure is not required if doing so would cause a delay in treatment resulting in serious:
- Jeopardy to the individual’s health
- Impairment of the individual’s bodily functions
- Dysfunction of a bodily organ or part of the individual
A Centers for Medicare & Medicaid Services (CMS) requirement applies to physician-owned hospitals. It requires such hospitals to disclose in writing to patients – before admission or outpatient treatment – that the hospital is physician-owned and a list of owners is available upon request.
Also disclose to a patient any ownership you hold in a hospital to which you are referring.
Further, the Affordable Care Act requires each physician-owned hospital to submit an annual report to CMS containing a description of the identity and explaining the nature of each ownership interest. The hospital must require each referring physician-owner to provide written disclosure of ownership to all patients they refer to the hospital.
This disclosure must permit the patient enough time to make a meaningful decision regarding receipt of care. The hospital also must disclose on its website or in any public advertising that it is physician-owned or invested.
If you have questions or require additional information, email Krieg DeVault LLP’s Meghan Linvill McNab or call her at (317) 808-5863.