Perfected

SS/SB 817 - This act provides that no licensed health care professional shall charge, bill, or solicit payment for anatomic pathology services, unless the services are rendered personally by the health care professional or under the health care professional's direct supervision. However, this act does not prohibit billing of a referring laboratory for services when samples must be sent to another specialist, nor is it prohibited to bill a referring physician who has provided a written confirmation that the patient is not covered under a health benefit program, which is defined under the act. A referring physician shall not be prohibited from sending a patient's specimen to any laboratory providing anatomic pathology services.

The provisions of the act do not prohibit the billing of anatomic pathology services:

- To a referring laboratory, or by a referring laboratory, in instances where a sample or samples must be sent to another specialist;

- By a hospital, public health clinic, or non-profit health clinic;

- To a referring physician, or by a referring physician, who has provided written confirmation to the physician or laboratory providing the anatomic pathology service that the patient is not covered under a health care benefit program; or

- By any governmental agency or their specified public or private agent.

A clinical laboratory or physician who sends a bill to a patient who is not covered by a healthcare benefit program shall provide the name and address of the physician or laboratory performing the anatomic pathology service and the net amount to be paid to the physician or laboratory for each anatomic pathology service.

No patient, insurer, third-party payor, hospital, public health clinic, or nonprofit health clinic shall be required to reimburse any licensed health care professional for charges or claims submitted in violation of this act. The licenses of health care professionals violating the provisions of this act may be subject to disciplinary action.

Nothing in this section shall be construed to prohibit a referring physician from sending a patient's specimen to any laboratory providing anatomic pathology services. It shall also not be prohibited to mandate the billing of any patient not covered under a health care benefit program.

This act is similar to SB 467 (2007).

ADRIANE CROUSE


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