Bill Text: MS SB2625 | 2011 | Regular Session | Introduced
Bill Title: Physicians who self-refer diagnostic imaging tests; limit billing options.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [SB2625 Detail]
Download: Mississippi-2011-SB2625-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Health and Welfare
By: Senator(s) Watson (By Request)
Senate Bill 2625
AN ACT TO LIMIT THE ABILITY OF PHYSICIANS WHO SELF-REFER DIAGNOSTIC IMAGING TESTS TO BILL DIRECTLY FOR THE TECHNICAL COMPONENT OF SUCH IMAGING SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It is unlawful for any physician licensed in the State of Mississippi to charge, bill or otherwise solicit payment from any patient, client, customer or third-party payer for performance of the technical component of Computerized Tomography (CT), Positron Emission Tomography (PET), or Magnetic Resonance Imaging (MRI) diagnostic imaging services if those services were not actually rendered by the licensee or a person under his supervision.
(2) Radiological facilities or imaging centers performing the technical component of CT, PET or MRI diagnostic imaging services shall directly bill either the patient or the responsible third-party payer for such services rendered by those facilities. Radiological facilities or imaging centers shall not bill the licensee who requests the services.
(3) This section shall not apply to any of the following:
(a) Any person who, or clinic that, provides diagnostic imaging services without charge to the patient, or on a sliding scale payment basis if the patient's charge for services is determined by the patient's ability to pay.
(b) Health care programs operated by the University Medical Center.
(c) Any person who, or clinic that, contracts with an employer to provide medical services to employees of the employer if the diagnostic imaging services are provided under the contract.
(d) Diagnostic imaging services that are performed within a physician's and surgeon's office or the office of a group practice.
(4) Nothing in this section prohibits a licensee or a physician entity from billing globally for professional and technical components if both of the following conditions are met:
(a) Neither the physician, or any member of his medical group, nor the physician entity has ordered the diagnostic imaging services.
(b) The physician, or a member of his medical group, or the physician entity provides the professional interpretation of the diagnostic imaging service.
(5) Nothing in subsection (4) of this section is intended to authorize or permit an imaging center to engage in the practice of medicine.
(6) For the purposes of this section, the following terms shall have the following meanings:
(a) "Physician entity" means a professional medical corporation or a general partnership that consists entirely of physicians and surgeons or professional medical corporations.
(b) "Responsible third-party payer" means any person or entity who is responsible to pay for CT, PET or MRI services provided to a patient.
(c) "Supervision" means that the referring licensee is providing the level of supervision set forth in paragraph (3) of subsection (b) of Section 410.32 of Title 42 of the Code of Federal Regulations.
(d) "Technical component" includes services other than those provided by a physician and surgeon for the CT, PET or MRI including personnel, materials, space, equipment and other facilities.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
