Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XXVII - Chiropractors › Chapter 9 - Illegal Payments; Required Disclosure of Financial Interests › Subchapter A - General Provisions › Section XXVII-903 - Definitions and Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions. As used in this Chapter:
Board
- the Board of Chiropractic
					 Examiners.
Chiropractic Physician
- a doctor of
					 chiropractic pursuant to
					 R.S.
					 37:2801 et seq.
Financial Interest
-an ownership or
					 investment interest established through debt, equity or other means and held,
					 directly or indirectly, by a chiropractic physician or a member of the
					 chiropractic physician 's immediate family, or any form of direct or indirect
					 remuneration for referral.
Group Practice
- a group of two or more
					 chiropractic physicians or other health care providers legally organized as a
					 general partnership, registered limited liability partnership, professional
					 corporation, limited liability company, foundation, nonprofit corporation,
					 faculty practice plan, or similar organization or association:
a. in which each chiropractic physician who is a member of
					 the group provides substantially the full range of services which the
					 chiropractic physician routinely provides, including consultation, diagnosis,
					 or treatment, through the joint use of shared office space, facilities,
					 equipment and personnel;
b. for which substantially all of the services of the
					 chiropractic physician s who are members of the group are provided through the
					 group and are billed under a billing number assigned to the group and amounts
					 so received are treated as receipts of the group;
c. in which the overhead expenses of and the income from
					 the practice are distributed in accordance with methods previously determined;
					 and
d. in which no chiropractic physician who is a member of
					 the group directly or indirectly receives compensation based on the volume or
					 value of referrals by the chiropractic physician, except payment of a share of
					 the overall profits of the group, which may include a productivity bonus based
					 on services personally performed or services incident to such personally
					 performed services, so long as the share of profits or bonus is not determined
					 in any manner which is directly related to the volume or value of referrals by
					 such chiropractic physician .
Health Care Item
- any substance, product,
					 device, equipment, supplies or other tangible good or article which is or may
					 be used or useful in the provision of health care.
Health Care Provider
- any person licensed
					 by a department, board, commission or other agency of the state of Louisiana to
					 provide, or which does in fact provide, preventive, diagnostic, or therapeutic
					 health care services or items.
Immediate Family
- as respects a
					 chiropractic physician, the chiropractic physician's spouse, children, parents
					 and siblings.
Investment Interest
- a security issued by
					 an entity, including, without limitation, shares in a corporation, interests in
					 or units of a partnership, bonds, debentures, notes, or other debt
					 instruments.
Payments
- the tender, transfer,
					 distribution, exchange or provision of money, goods, services, or anything of
					 economic value.
Person
- a natural person or a partnership,
					 corporation, organization, association, facility, institution, or any
					 governmental subdivision, department, board, commission or other entity.
Remuneration for Referral
- any arrangement
					 or scheme, involving any remuneration, directly or indirectly, in cash or in
					 kind, between a chiropractic physician, or an immediate family member of such a
					 chiropractic physician, and other health care provider which is intended to
					 induce referrals by the chiropractic physician to the health care provider or
					 by the health care provider to the chiropractic physician, other than any
					 amount paid by an employer to an employee who has a bona fide employment
					 relationship with the employer, for employment in the furnishing of any health
					 care item or service.
B.
				  Construction. Masculine terms whatsoever used in this Chapter shall be deemed
				  to include the feminine.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1744 and
					 R.S.
					 37:1745.