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2016 SESSION
Be 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.