SENATE BILL 791
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Timothy Z. Jennings
AN ACT
RELATING TO HEALTH CARE; REQUIRING DISCLOSURE OF FINANCIAL INTEREST BY A HEALTH CARE PROVIDER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. FINANCIAL INTEREST--DISCLOSURE--REQUIREMENT.--
A. A health care provider who refers to or seeks consultation from an entity in which the health care provider has a financial interest shall disclose this interest to the patient or, if the patient is a minor, to the patient's parents or legal guardian in writing at the time of the referral.
B. If alternative facilities are reasonably available, the health care provider shall provide the patient or patient's parents or legal guardian with a list of alternative facilities. The health care provider shall inform the patient that the patient has the option to use an alternative facility other than one in which the health care provider has an investment interest and that the patient will not be treated differently by the health care provider if the patient chooses to use another entity.
C. For the purposes of this section:
(1) "health care provider" means a person licensed or otherwise authorized by law to provide health care in the ordinary course of business or practice of his profession and to have prescriptive authority within the limits of his license; and
(2) "financial interest" means an ownership or investment interest through debt, equity or any other means. "Financial interest" does not refer to salary or other compensation paid to a health care provider by a health maintenance organization, health insurer or health plan, or any compensation arrangement involving payment by a group practice that contracts with a health maintenance organization, health insurer or health plan to a health care provider in the same group practice or entity affiliated with the health maintenance organization, health insurer or health plan."
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