43-1B-6. Entities excepted from prohibitions as to financing and referrals; requirements; regulation.

The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met:#

1. (1)

   No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider;#

2. (2)

   The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider;#

3. (3)

   The health care provider complies with Code Section 43-1B-5, requiring disclosure of the investment interest to the patient; and#

4. (4)

   The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The services offered shall be reasonably financially accessible to the residents of the facility’s service area.#

The provisions of this Code section shall be regulated by the state Department of Community Health.#