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2016 SESSION
16100438DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-2962 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-2962. Division of fees among physicians prohibited.
A. No surgeon or physician licensed
to practice medicine or osteopathy in the Commonwealth shall:
1. Knowingly
and willfully, directly or indirectly,
share any professional fee charged for a
surgical operation or medical services with a physician who
brings, sends or recommends a patient to such surgeon for operation, or such
physician for such medical received
for the provision of health services,
as defined in § 54.1-2410, to a patient with
another physician licensed
to practice medicine or osteopathy in the Commonwealth in
return for such other physician's
making a referral, as defined in §
54.1-2410, of
such patient to
the physician providing such
health services; and no physician who brings, sends, or
recommends any patient to a surgeon for a surgical operation or medical
services shall accept from such surgeon or physician any portion of a fee
charged for such operation or medical services or
2. Accept any portion of a professional fee paid to another physician licensed to practice medicine or osteopathy in the Commonwealth for the provision of health services, as defined in § 54.1-2410, to a patient in return for making a referral, as defined in § 54.1-2410, of such patient to the physician providing such health services.
B. This
chapter shall not be construed as prohibiting
(i) the members of any regularly organized partnership or group practice, as defined in § 54.1-2410,
of such surgeons or
physicians licensed to practice
medicine or osteopathy in the Commonwealth
from making any division of their total fees among themselves as they may
determine or a group of duly
licensed practitioners of any branch or branches of the healing arts from using
their joint fees to defray their joint operating costs;
(ii) arrangements permitted under the Practitioner Self-Referral Act (§
54.1-2410 et seq.); or (iii) payments, business arrangements, or payment
practices that would be permitted in
accordance with 42 U.S.C. § 1320a-7b(b)(3)
if such payments, business arrangements, or payment
practices involved an underlying payment source that was a federal health care
program, as defined in 42 U.S.C. § 1320a-7b(f),
regardless of whether the underlying payment source actually is a federal
health care program or other bona fide payment source.
C. Any
person violating the provisions of this section shall be is guilty of a Class 1
misdemeanor.