32.1-125.2 - Disclosure of other providers of services. - Virginia Statutes

§ 32.1-125.2. Disclosure of other providers of services.

A. 1. Any hospital which has, or is affiliated with or under the commoncontrol of a holding company that has, a financial interest in a facility orentity that engages in the provision of health-related outpatient services,appliances or devices of which a patient is in need, or any employee orvolunteer associated with such hospital, shall, prior to referring thepatient to such type of a facility or entity, provide the patient or hisrepresentative with a notice stating in bold print that the services,appliances or devices may be available from other suppliers in the community.

2. As used in this section, "representative" means any member of theimmediate family of the patient or any other person acting on his behalf andwho is not a health care provider or other person who may profit from suchreferral.

B. The Attorney General, an attorney for the Commonwealth, the attorney for acity, county or town or any aggrieved patient may cause an action to bebrought in the appropriate circuit court in the name of the Commonwealth, ofthe county, city or town, or of any aggrieved patient, to enjoin anyviolation of this section. The circuit court having jurisdiction may enjoinsuch violations, notwithstanding the existence of an adequate remedy at law.When an injunction is issued, the circuit court shall impose a civil fine tobe paid to the Literary Fund not to exceed $1,000. In any action under thissection, it shall not be necessary that damages be proved.

(1988, c. 252.)