2018 -- H 7421

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LC003888

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - LABORATORIES

     

     Introduced By: Representative Susan R. Donovan

     Date Introduced: February 02, 2018

     Referred To: House Health, Education & Welfare

     (by request)

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.

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     (a) It shall be unlawful permissible for any purveyor of clinical laboratory services,

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directly or indirectly, through any person, firm, corporation, or association, or its officers or

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agents, to bill or receive payment, reimbursement, compensation, or fee from any person persons

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other than the recipient of the services, the recipient being the person upon whom the clinical

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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, directly

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

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body to a clinical laboratory for examination 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - LABORATORIES

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     This act would permit laboratories offering clinical laboratory services to bill or receive

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payment from persons other than the patient.

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     This act would take effect upon passage.

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