CODE OF VIRGINIA

ADDITIONAL CONDITIONS RELATED TO PRACTITIONER-INVESTORS (§ 54.1-2413)

A. No hospital licensed in the Commonwealth shall discriminate against or
otherwise penalize any practitioner for compliance with the provisions of this
chapter.

B. No practitioner, other health care worker, or entity shall enter into any
agreement, arrangement, or scheme intended to evade the provisions of this
chapter by inducing patient referrals in a manner which would be prohibited by
this chapter if the practitioner made the referrals directly.

C. No group practice shall be formed for the purpose of facilitating referrals
that would otherwise be prohibited by this chapter.

D. Notwithstanding the provisions of this chapter, a practitioner may refer a
patient who is a member of a health maintenance organization to an entity in
which the practitioner is an investor if the referral is made pursuant to a
contract with the health maintenance organization.

E. Notwithstanding the provisions of this chapter, a referral to an entity in
which the referring practitioner or his immediate family member is an investor
shall not be in violation of this chapter if (i) the health service to be
provided is a designated health service as defined in 42 U.S.C. § 1395nn(h)(6),
as amended, and an exception authorized by 42 U.S.C. § 1395nn, as amended, or
any regulations adopted pursuant thereto, applies, or (ii) the health service to
be provided is not a designated health service as defined in 42 U.S.C. §
1395nn(h)(6), as amended, but would qualify for an exception authorized by 42
U.S.C. § 1395nn, as amended, or any regulations adopted pursuant thereto, if
the health service were a designated health service.

HISTORY: 1993, c. 869; 2005, c. 402; 2010, c. 743.