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Imaging services are part of self-referral law, Maryland appellate court rules
NEWS IN BRIEF — Posted Feb. 7, 2011
The Maryland Court of Appeals has upheld a lower court's ruling keeping physicians from referring patients for imaging services to health care professionals within their group practice.
The case stems from a challenge by Potomac Valley Orthopaedic Associates on an interpretation of Maryland's self-referral law. The law was enacted in 1993 to prevent physicians from sending patients to practices in which they have financial interests.
The medical group disagreed with a 2006 decision by the Maryland State Board of Physicians on whether MRI and CT scans fell under exemptions in the law. The board said referrals for scans on machines owned or leased by the physician's practice violated self-referral rules.
The appellate court agreed with the board, ruling the scans did not meet exemptions. They said the self-referral law's intent was clearly to substantially restrict self-referrals, especially for MRI scans, CT scans and radiation services (link).
The Maryland decision comes after Congress decided to include language about self-referral regulations in the health system reform law. The law requires self-referring physicians to disclose financial interests to patients and inform them of nearby facilities that could perform the same services.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2011/02/07/prbf0207.htm.
