Self-Referral Violations
What is a Self-Referral?
A “self-referral” is when a doctor refers a patient to another medical business where the doctor has a financial interest. Some examples are when a has multiple business entities (corporations, LLCs, etc). For instance, if a chiropractor refers a patient to a pain management group when the chiropractor has a financial interest in that group (even 1%). Another good example is when a surgeon performs surgery at a facility when the surgeon is part owner. Outside of Medicare, there are some simple rules that allow doctors to self-refer under most situations.
Florida Law 456.052:
(1) A health care provider shall not refer a patient to an entity in which that provider is an investor unless, prior to the referral, the provider provides the patient with a written disclosure form, informing the patient of:
- (a) The existence of the investment interest.
- (b) The name and address of each applicable entity in which the referring health care provider is an investor.
- (c) The patient’s right to obtain the items or services for which the patient has been referred at the location or from the provider or supplier of the patient’s choice, including the entity in which the referring provider is an investor.
- (d) The names and addresses of at least two alternative sources of such items or services available to the patient.
(2) The physician or health care provider shall post a copy of the disclosure forms in a conspicuous public place in his or her office.