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H0122.................................................by HEALTH AND WELFARE ANATOMIC PATHOLOGY SERVICES - Adds to existing law relating to anatomic pathology services to define terms; to provide who may be billed for anatomic pathology services; to provide conditions when payment may be solicited; to provide exceptions; and to provide penalties. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 122 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO DIRECT BILLING OF ANATOMIC PATHOLOGY SERVICES; AMENDING CHAPTER 3 18, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1842, IDAHO 4 CODE, TO DEFINE TERMS, TO PROVIDE DUTIES OF A CLINICAL LABORATORY OR 5 LICENSED PRACTITIONER PROVIDING ANATOMIC PATHOLOGY SERVICES FOR PATIENTS 6 IN IDAHO, TO PROVIDE CONDITIONS WHEN PAYMENT FOR ANATOMIC PATHOLOGY SER- 7 VICES MAY BE REQUESTED, TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL REN- 8 DER REIMBURSEMENT CLAIMS VOID, TO PROVIDE APPLICATION, TO PROVIDE EXCEP- 9 TIONS AND TO PROVIDE PENALTIES. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Chapter 18, Title 54, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 ignated as Section 54-1842, Idaho Code, and to read as follows: 14 54-1842. DIRECT BILLING OF ANATOMIC PATHOLOGY SERVICES. (1) As used in 15 this section: 16 (a) "Anatomic pathology services" means: 17 (i) Histopathology or surgical pathology, meaning the gross micro- 18 scopic examination and histologic processing of organ tissue per- 19 formed by a physician; or 20 (ii) Cytopathology, meaning the examination of cells from the fol- 21 lowing: fluids, aspirates, washings, brushings or smears including 22 the Pap test examination performed by a physician or under the super- 23 vision of a physician; or 24 (iii) Hematology, meaning the microscopic evaluation of bone marrow 25 aspirates and biopsies performed by a physician, or under the super- 26 vision of a physician, and peripheral blood smears when the attending 27 or treating physician or technologist requests that a blood smear be 28 reviewed by a pathologist; 29 (iv) Subcellular pathology and molecular pathology; and 30 (v) Blood-banking services performed by pathologists. 31 (b) "Licensed practitioner" means any person licensed pursuant to this 32 chapter. 33 (2) A clinical laboratory or licensed practitioner located in this state 34 or another state providing anatomic pathology services for patients in Idaho 35 shall present or cause to be presented a claim, bill or demand for payment for 36 these services only to the following: 37 (a) The patient directly; 38 (b) The responsible insurer or other third-party payer; 39 (c) The hospital, clinic, public health clinic or nonprofit health clinic 40 ordering such services; 41 (d) The referring laboratory, other than a laboratory of a physician's 42 office or group practice that ordered the services. A laboratory of a 43 physician's office or group practice that ordered the services may be pre- 2 1 sented a claim, bill or demand for payment if a physician in the 2 physician's office or group practice is performing the professional compo- 3 nent of the anatomic pathology services; 4 (e) Governmental agencies or their specified public or private agent, 5 agency or organization on behalf of the recipient of the services. 6 (3) Except as provided in subsection (6) of this section, no licensed 7 practitioner in this state shall, directly or indirectly, charge, bill or 8 otherwise solicit payment for anatomic pathology services unless such services 9 were rendered personally by the licensed practitioner or under the licensed 10 practitioner's direct supervision in accordance with section 353 of the Public 11 Health Service Act, 42 U.S.C. section 263a. 12 (4) No patient, insurer, third-party payer, hospital, clinic, public 13 health clinic or nonprofit health clinic shall be required to reimburse any 14 licensed practitioners for charges or claims submitted in violation of this 15 section. 16 (5) Nothing in this section shall be construed to mandate the assignment 17 of benefits for anatomic pathology services as defined in this section. 18 (6) The provisions of this section do not prohibit billing of a referring 19 laboratory for anatomic pathology services in instances where a sample or sam- 20 ples must be sent to another specialist, except that for purposes of this sub- 21 section, the term "referring laboratory" does not include a laboratory of a 22 physician's office or group practice unless in accordance with subsection 23 (2)(d) of this section. 24 (7) Any licensed practitioner who may request or provide anatomic pathol- 25 ogy services in violation of the provisions of this section may have his 26 license revoked, suspended or denied renewal by the board of medicine.
STATEMENT OF PURPOSE RS 16840C1 This legislation will protect Idaho patients against "markup" charges by prohibiting an ordering physician from billing patients for anatomic pathology services performed or supervised by another physician. "Markup" charges occur when a physician sends a tissue specimen or smear to a laboratory and asks that the laboratory bill the physician instead of the patient, or the patient's insurance company, for the service. The physician will then bill the patient or the insurance company at a higher price and pocket the difference. This bill complies with American Medical Association guidelines for billing of services. FISCAL NOTE There is no impact to the General Fund. Contact Name: Rep. McGeachin Phone: 208 332 1000 Idaho Pathology Society Phone: 208 381 2378 STATEMENT OF PURPOSE/FISCAL NOTE H 122