NAC439B.5406. Authorized referrals to facilities in which practitioner has financial interest.

     1. The provisions of NRS 439B.425 do not prohibit a practitioner from referring a patient, for a service or for goods related to health care, to a health facility, medical laboratory or commercial establishment in which the practitioner has a financial interest if the referral is made on or before June 30, 1994, and:

     (a) The financial interest existed on or before June 30, 1993;

     (b) The practitioner files with the director, on or before December 31, 1993, a form provided by the department for the purpose of declaring a financial interest and requesting the authority to make the referral until June 30, 1994;

     (c) The practitioner cures any defect in the form filed pursuant to paragraph (b) within 15 days from the date of postage of the notice of that defect provided by the director pursuant to subsection 4; and

     (d) The practitioner provides to each referred patient a written notice of his financial interest in any goods or services to be provided as a result of the referral.

     2. The provisions of NRS 439B.425 do not prohibit a practitioner who, pursuant to subsection 1, has the authority to make a referral until June 30, 1994, from referring a patient, for a service or for goods related to health care, to a health facility, medical laboratory or commercial establishment in which the practitioner has a financial interest if the referral is made on or before December 31, 1994, and:

     (a) The practitioner files with the director, on or before May 31, 1994, a form provided by the department for the purpose of requesting the authority to make the referral until December 31, 1994;

     (b) The practitioner cures any defect in the form filed pursuant to paragraph (a) within 15 days from the date of postage of the notice of that defect provided by the director pursuant to subsection 4;

     (c) The practitioner submits an affidavit testifying that there has been a good faith effort to divest the financial interest or otherwise come into compliance with NRS 439B.425 and setting forth the practitioner’s plan to divest the financial interest; and

     (d) The practitioner provides to each referred patient a written notice of his financial interest in any goods or services to be provided as a result of the referral.

     3. For any request for the authority to make a referral pursuant to subsection 2, the director will notify the practitioner in writing of his decision on or before June 30, 1994.

     4. If there is any defect in a form submitted pursuant to paragraph (b) of subsection 1 or paragraph (a) of subsection 2, the director will provide notice of the defect to the practitioner by mail.

     (Added to NAC by Dep’t of Human Resources, eff. 3-9-94)