La. Admin. Code tit. 46 § XLVII-3615

Current through Register Vol. 50, No. 6, June 20, 2024

Section XLVII-3615 - Exceptions

A. Proportionate Return on Investment. Payments or distributions by an entity representing a direct return on investment based upon a percentage of ownership shall not be deemed a payment prohibited by R.S. 37:1745.B or by §3613 of these rules, provided that the requirements of the "Safe Harbor Regulations" at 56 Fed. Reg. 35,951 are satisfied.

B. General Exceptions. Any payment, remuneration, practice or arrangement which is not prohibited by or unlawful under §1128. B(b) of the Federal Social Security Act (Act), 42 U.S.C. § 1320a-7b (b), as amended, with respect to health care items or services for which payment may be made under Title XVIII or Title XIX of the Act, including those payments and practices sanctioned by the Secretary of the United States Department of Health and Human Services, through regulations promulgated at 42 CFR §1001 . 952, shall not be deemed a payment prohibited by R.S. 37:1745.B or by §3613 of these rules with respect to health care items or services for which payment may be made by any patient or private governmental payor.

La. Admin. Code tit. 46, § XLVII-3615

Promulgated by the Department of Health and Hospitals, Board of Nursing, LR 21:270 (March 1995), amended LR 24:1293 (July 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1745 and R.S. 37:918.