2018 -- H 7421

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LC003888

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - LABORATORIES

     Introduced By: Representative Susan R. Donovan

     Date Introduced: February 02, 2018

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-16.2-5.1 of the General Laws in Chapter 23-16.2 entitled

"Laboratories" is hereby amended to read as follows:

     23-16.2-5.1. Payment for services rendered by clinical laboratories -- Commissions,

rebates, and fees -- Use of laboratory's name.

     (a) It shall be unlawful permissible for any purveyor of clinical laboratory services,

directly or indirectly, through any person, firm, corporation, or association, or its officers or

agents, to bill or receive payment, reimbursement, compensation, or fee from any person persons

other than the recipient of the services, the recipient being the person upon whom the clinical

services have been or will be rendered.

     (b) The provisions of subsection (a) of this section shall be inapplicable to payment by:

     (1) A legal relative of the recipient of the services;

     (2) An insurance carrier designated by the recipient of the services;

     (3) A hospital on behalf of an in-patient or out-patient of the hospital having been the

recipient of the services;

     (4) One purveyor to another purveyor for actual services rendered;

     (5) An industrial firm only for its own employees;

     (6) A trade union health facility only for its registered patients;

     (7) Governmental agencies and/or their specified public or private agent, agency, or

organization on behalf of the recipient of the services.

     (c) A clinical laboratory shall not offer or give a commission, rebate or other fee, directly

or indirectly, to any person as consideration for the referral of a specimen derived from a human

body to a clinical laboratory for examination by the laboratory.

     (d) A clinical laboratory shall not solicit or accept a commission, rebate, or other fee,

directly or indirectly, from any person as consideration for the referral of a specimen derived

from the human body to a clinical laboratory for examination by the laboratory.

     (e) A clinical laboratory shall not lend the use of the name of a clinical laboratory or a

licensed hospital or clinic, or any other employee of the laboratory or institution, to an unlicensed

clinical laboratory.

     SECTION 2. This act shall take effect upon passage.

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LC003888

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - LABORATORIES

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     This act would permit laboratories offering clinical laboratory services to bill or receive

payment from persons other than the patient.

     This act would take effect upon passage.

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LC003888

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