2012 -- H 7300

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LC00772

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY -- LABORATORIES

     

     

     Introduced By: Representative Arthur Handy

     Date Introduced: February 01, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-16.2-5.1 of the General Laws in Chapter 23-16.2 entitled

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"Laboratories" is hereby amended to read as follows:

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     23-16.2-5.1. Payment for services rendered by clinical laboratories -- Commissions,

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rebates, and fees -- Use of laboratory's name. -- (a) It shall be unlawful for any purveyor of

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clinical laboratory services, directly or indirectly, through any person, firm, corporation, or

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association, or its officers or agents, to bill or receive payment, reimbursement, compensation, or

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fee from any person other than the recipient of the services, the recipient being the person upon

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whom the clinical services have been or will be rendered.

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      (b) The provisions of subsection (a) of this section shall be inapplicable to payment by:

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      (1) A legal relative of the recipient of the services;

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      (2) An insurance carrier designated by the recipient of the services;

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      (3) A hospital on behalf of an in-patient or out-patient of the hospital having been the

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recipient of the services;

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      (4) One purveyor to another purveyor for actual services rendered;

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      (5) An industrial firm only for its own employees;

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      (6) A trade union health facility only for its registered patients;

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      (7) Governmental agencies and/or their specified public or private agent, agency, or

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organization on behalf of the recipient of the services.

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      (c) A clinical laboratory shall not offer or give a commission, rebate or other fee, or any

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other in-kind service or subsidized service directly or indirectly, to any person as consideration

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for the referral of a specimen derived from a human body to a clinical laboratory for examination

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by the laboratory.

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      (d) A clinical laboratory shall not solicit or accept a commission, rebate, or other fee,

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directly or indirectly, from any person as consideration for the referral of a specimen derived

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from the human body to a clinical laboratory for examination by the laboratory.

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      (e) A clinical laboratory shall not lend the use of the name of a clinical laboratory or a

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licensed hospital or clinic, or any other employee of the laboratory or institution, to an unlicensed

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clinical laboratory.

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     SECTION 2. This act shall take effect upon passage.

     

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LC00772

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- LABORATORIES

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     This act would prohibit clinical laboratories from offering or giving as consideration for a

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referral any in-kind service or subsidized service.

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     This act would take effect upon passage.

     

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LC00772

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H7300