Frequently asked questions (faqs) The following frequently asked questions and answers




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FREQUENTLY ASKED QUESTIONS (FAQS)

The following FREQUENTLY ASKED QUESTIONS and ANSWERS are being provided to assist you with your complete reading and understanding of RSA 125:25-b and 125:25-c. For your ease of reference, applicable terms and definitions are set forth below.



Q. Where can I access online a full text version of Revised Statutes Annotated (RSA) 125:25-a, Definitions; 125:25-b, Disclosure of Ownership Interest to Patient; and 125:25-c, Disclosure to the Department of Health and Human Services?

A. These can be accessed at: www.state.nh.us, Government; Laws and Rules; State Statutes Online RSA.

RSA 125:25-b and RSA 125:25-c TERMS and DEFINITIONS



Q. What does the term “health care practitioner” mean?

A. “Health care practitioner” means any person licensed or registered as a health care provider in the state of New Hampshire. (See RSA 125:25-a, III; see also exclusions in the succeeding two Q&As below.)

Q. I am retired from the practice of health care. Am I a “health care practitioner” for the purpose of these sections?

A. “Health care practitioner” shall not include any person who has retired from the practice of health care. (See RSA 125:25-a, III.)

Q. I do not hold a current license or certificate to practice health care. Am I a “health care practitioner” for the purpose of these sections?

A. “Health care practitioner” shall not include any person who does not hold a current license or certificate to practice health care. (See RSA 125:25-a, III.)

Q. What does the term “entity” mean?

A. The term “entity” refers to an entity which provides diagnostic or therapeutic services and shall include services provided by an entity within a hospital, but which is not owned by the hospital. (See RSA 125:25-b, IV and RSA 125:25-c, IV.)

Q. What does the term “diagnostic service” mean?

A. “Diagnostic service” means providing any test to determine or identify the nature of a disease, including laboratory and exploratory tests. (See RSA 125:25-a, I.)

Q. What does the term “therapeutic services” mean?

A. “Therapeutic services” means physical therapy, radiation therapy, intravenous therapy and rehabilitation services including physical therapy, occupational therapy, speech pathology or any combination thereof. (See RSA 125:25-a, V.)


Q. Do in-office ancillary services apply for the purpose of RSA 125:25-c?

A. In-office ancillary services shall not apply to RSA 125:25-c. (See RSA 125:25-c, V.)

Q. What does the term “department” mean?

A. “Department” means the Department of Health and Human Services. (See RSA 125:25-a, II.)

Q. What does the term “ownership interest” mean?

A. “Ownership interest” means any and all ownership interest by a health care practitioner or such person’s spouse or child, including, but not limited to, any membership, proprietary interest, stock interest, partnership interest, co-ownership in any form, or any profit-sharing arrangement. It shall not include ownership of investment securities purchased by the practitioner on terms available to the general public and which are publicly traded. (See RSA 125:25-a, IV.)


HEALTH CARE PRACTITIONER REPORTING
Q. I received the “Dear Mental Health Practice Licensee” letter. Am I required to report?

A. Any health care practitioner who:
has an ownership interest in an entity which provides diagnostic or therapeutic services

OR


receives compensation or remuneration for referral of a patient to an entity which provides diagnostic or therapeutic services
is required to report. (See RSA 125:25-c, I.)

Q. What information is the health care practitioner required to report?

A. The health care practitioner shall disclose any ownership interest in an entity which provides diagnostic or therapeutic services; the total number of referrals of those diagnostic or therapeutic services, regardless of whether such referrals are provided to the health care practitioner’s entity or any other entity; and all diagnostic and therapeutic services from which the practitioner receives remuneration or compensation for referrals. (See RSA 125:25-c, I and III.)

Q. How does a health care practitioner report?

A. The information required to be disclosed by a health care practitioner shall be reported on Form 125.25.A.

Q. If a health care practitioner acquires an ownership interest requiring reporting, when is the reporting due?

A. All ownership interests shall be reported to the Department within 30 days after such acquisition (see RSA 125:25-c, VI.)

Q. Where should the completed Form 125.25.A be sent?

A. The completed form should be sent to the Department, c/o: Bureau of Health Facilities Administration, 129 Pleasant Street, Concord, NH 03301.

Q. If reporting is required, what is the due date?

A. A health care practitioner shall report quarterly to the Department pursuant to RSA 125:25-c, I. Such reports shall be due within 30 days after the end of each [calendar] quarter (i.e. 30 days after March 31, June 30, September 30, December 31). (See RSA 125:25-c, VII.)

Q. If I am not required to report, do I have to submit Form 125.25.A to the Department?

A. No. Negative reports are not required.

HEALTH CARE PRACTITIONER DISCLOSURE TO PATIENTS



Q. Are there any disclosure requirements to patients?

A. Yes. Any health care practitioner who:
has an ownership interest in an entity which provides diagnostic or therapeutic services

OR


receives compensation or remuneration for referral of such patient to an entity which provides diagnostic or therapeutic services
shall disclose such interest to any patient prior to referring the patient to such entity for diagnostic or therapeutic services. (See RSA 125:25-b, I.)

Q. How do I disclose the information to the patient?

A. Such information shall be disclosed on a written referral to each patient at the time of referral; or, if referred by phone, verbal disclosure shall be made at the time of referral and a written referral shall be promptly sent to the patient. (See RSA 125:25-b, II.)

Q. What information is required in the referral?

A. The referral shall contain the following written conspicuously on its face:
The referring health care practitioner maintains an ownership interest in the facility to which you are being referred. You are not required to utilize the facility to which you are being referred for these services. These services may be available elsewhere in the community. This office will provide an alternative referral upon your request.
(See RSA 125:25-b, III.)

Q. Does RSA 125:25-b apply to in-office diagnostic services?

A. No. RSA 125:25-b does not apply to in-office diagnostic services. (See RSA 125:25-b, V.)

DIAGNOSTIC AND/OR THERAPEUTIC ENTITY REPORTING



Q. Are there any reporting requirements for an entity in which a health care practitioner has an ownership interest?

A. Yes. Any entity in which a health care practitioner has an ownership interest shall report quarterly to the department the total number of referrals that such entity has received and the total number of referrals by each individual provider, who shall be identified by name, having an ownership interest in such entity. (See RSA 125:25-c, II.)

Q. How does an entity report?

A. The information required to be disclosed by an entity shall be reported on Form 125.25.B.

Q. Where should the completed Form 125.25.B be sent?

A. The completed form should be sent to the Department, c/o: Bureau of Health Facilities Administration, 129 Pleasant Street, Concord, NH 03301.

Q. If reporting is required, what is the due date?

A. Any entity identified in RSA 125:25-c, II shall report quarterly to the Department pursuant to RSA 125:25-c, II. Such reports shall be due within 30 days after the end of each [calendar] quarter (i.e. 30 days after March 31, June 30, September 30, December 31). (See RSA 125:25-c, VII.)

Q. If reporting is not required, does the entity have to submit Form 125.25.B to the Department?

A. No. Negative reports are not required.

PENALTIES AND FINES FOR NON-REPORTING



Q. Are there penalties or fines for non-reporting?

A. Yes.
1. Failure to report the number of referrals to an entity or entities may result in a fine of $25 per day until such report is received.1 (See RSA 125:25-c, VIII.)

2. Failure to report an ownership interest may result in the suspension of one’s professional license or registration.1 (See RSA 125:25-c, VIII.)





  1. Failure to report the number of referrals received by an entity may result in a fine of $25 per day until such report is received.1 (See RSA 125:25-c, VIII.)



4. Failure to provide written disclosure of an ownership interest to patients may result in suspension of one’s professional license or registration. (See RSA 125:25-b, VI.)

1


1


1 The department shall assess and collect such fines under rules adopted by the commissioner of the department of health and human services under RSA 541-A. The commissioner shall refer complaints of violation of this subdivision to the appropriate licensing or registration board for disciplinary action. (See RSA 125:25-c, VIII.)

Frequently Asked Questions (FAQs)

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