§ 90-408. Exceptions for underserved areas. - North Carolina Statutes

§ 90‑408. Exceptions for underserved areas.

(a)        The provisions of G.S. 90‑406 shall not apply to thereferral by any health care provider to any entity in which such health careprovider has a legal, beneficial, or investment interest upon receipt by suchhealth care provider of a determination by the Department of Health and HumanServices that:

(1)        There is a demonstrated need in the county where the entityis located or is proposed to be located; and

(2)        Alternative financing is not available on reasonable termsfrom other sources to develop such entity.

(b)        The Department shall promulgate regulations governing theform and content of the applications to be filed by health care providersmaking application for exemption from G.S. 90‑406, the business conductof any such entity and the fair and reasonable access by all health careproviders in such county to the entity. Any determination made by theDepartment under this section shall be applicable for a period of five yearsfrom the date of issuance.

(c)        In all cases in which a health care provider refers apatient to a health care facility outside that health care provider's practicein which the health care provider has a legal, beneficial, or investmentinterest, the health care provider shall disclose to the patient the healthcare provider's investment interest. Patients shall be given a list ofeffective alternative facilities if any such facilities become reasonablyavailable, informed that they have the option to use one of the alternativefacilities, and assured that they will not be treated differently by the healthcare provider if they do not choose the health care provider's facility. (1993, c. 482, s. 1; 1997‑443, s. 11A.118(a).)