Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXXIII - Dental Health Profession › Chapter 3 - Dentists › Section XXXIII-316 - Disclosure of Financial Interest by Referring Dental Health Care Provider

Current through Register Vol. 50, No. 6, June 20, 2024
A. This rule is
				authorized and mandated by
				R.S.
				37:1744 and
				R.S.
				37:1745 and a violation of
				§316 will constitute a violation of
				either R.S. 37:776.A.(24) or
				R.S.
				37:777.A.(18).
B. No dental health care provider shall make
				referrals outside the same group practice as that of the referring dental
				health care provider to any licensed health care facility, or provider of
				health care goods and services, including, but not limited to, providers of
				clinical laboratory services, diagnostic services, medicinal suppliers, and
				therapeutic services when the referring dental health care provider has a
				financial interest served by such referrals, unless in advance of any such
				referral, the referring dental health care provider discloses to the patient,
				in writing, the existence of such financial interest. Nothing herein shall be
				construed to allow any Louisiana dentist or dental hygienist to violate
				R.S.
				37:776(A)(9) or
				37:777(A)(15), which prohibits patient referrals in return for the payment of
				something of value, except as provided therein, whether or not the arrangement
				is first disclosed, in writing, to the patient.
C.
Financial Interest
- a
				significant ownership or investment interest established through debt, equity,
				or other means and held by a dental health care provider or a member of a
				dental health care provider's immediate family, or any form of direct or
				indirect remuneration for referral.
D. It shall be a violation of
				§316 for any licensee to enter into
				any arrangement or scheme, including cross-referral arrangements, if the
				licensee knows, or should know, that he or she has a principal purpose of
				insuring referrals by the licensee to a particular entity, which referral, if
				made directly by the licensee, would be a violation of §316
E. Notwithstanding any other law to the
				contrary, any dental health care provider who violates the provisions of
				§316 shall refund all such sums
				received in payment for the goods and services furnished or rendered without
				disclosure of financial interest. Such a refund shall be paid to the individual
				patient, third-party payor, or other entity which made the payment.
F. Any violation of
				§316 constitutes grounds for the
				suspension or revocation of a license in addition to any other fines or
				restrictions on a dental license commensurate with the circumstances.
G. A dental healthcare provider may make a
				referral of a patient outside the dental healthcare provider's group practice
				for provision of healthcare items or services by other healthcare providers in
				which the referring dental healthcare provider has a financial interest as
				defined in Subsection C of this Section provided that the dental healthcare
				provider discloses in advance to the patient his/her financial interest. This
				disclosure must be in writing and shall be furnished to the patient, or the
				patient's authorized representative, prior to or at the time of making the
				referral, and shall include:
1. the dental
				healthcare provider's name, address, and telephone number;
2. the name and address of the healthcare
				provider to whom the patient is being referred by the dental healthcare
				provider;
3. the nature of the
				items or services which the patient is to receive from the healthcare provider
				to which the patient is being referred; and
4. the existence and nature of the dental
				healthcare provider's financial interest in the healthcare provider to which
				the patient is being referred.