La. Admin. Code tit. 46 § XXVII-903

Current through Register Vol. 50, No. 11, November 20, 2024
Section XXVII-903 - Definitions and Construction
A. Definitions. As used in this Chapter:

Board- the Board of Chiropractic Examiners.

Chiropractic Physician- a doctor of chiropractic pursuant to R.S. 37:2801 et seq.

Financial Interest-an ownership or investment interest established through debt, equity or other means and held, directly or indirectly, by a chiropractic physician or a member of the chiropractic physician 's immediate family, or any form of direct or indirect remuneration for referral.

Group Practice- a group of two or more chiropractic physicians or other health care providers legally organized as a general partnership, registered limited liability partnership, professional corporation, limited liability company, foundation, nonprofit corporation, faculty practice plan, or similar organization or association:

a. in which each chiropractic physician who is a member of the group provides substantially the full range of services which the chiropractic physician routinely provides, including consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment and personnel;

b. for which substantially all of the services of the chiropractic physician s who are members of the group are provided through the group and are billed under a billing number assigned to the group and amounts so received are treated as receipts of the group;

c. in which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined; and

d. in which no chiropractic physician who is a member of the group directly or indirectly receives compensation based on the volume or value of referrals by the chiropractic physician, except payment of a share of the overall profits of the group, which may include a productivity bonus based on services personally performed or services incident to such personally performed services, so long as the share of profits or bonus is not determined in any manner which is directly related to the volume or value of referrals by such chiropractic physician .

Health Care Item- any substance, product, device, equipment, supplies or other tangible good or article which is or may be used or useful in the provision of health care.

Health Care Provider- any person licensed by a department, board, commission or other agency of the state of Louisiana to provide, or which does in fact provide, preventive, diagnostic, or therapeutic health care services or items.

Immediate Family- as respects a chiropractic physician, the chiropractic physician's spouse, children, parents and siblings.

Investment Interest- a security issued by an entity, including, without limitation, shares in a corporation, interests in or units of a partnership, bonds, debentures, notes, or other debt instruments.

Payments- the tender, transfer, distribution, exchange or provision of money, goods, services, or anything of economic value.

Person- a natural person or a partnership, corporation, organization, association, facility, institution, or any governmental subdivision, department, board, commission or other entity.

Remuneration for Referral- any arrangement or scheme, involving any remuneration, directly or indirectly, in cash or in kind, between a chiropractic physician, or an immediate family member of such a chiropractic physician, and other health care provider which is intended to induce referrals by the chiropractic physician to the health care provider or by the health care provider to the chiropractic physician, other than any amount paid by an employer to an employee who has a bona fide employment relationship with the employer, for employment in the furnishing of any health care item or service.

B. Construction. Masculine terms whatsoever used in this Chapter shall be deemed to include the feminine.

La. Admin. Code tit. 46, § XXVII-903

Promulgated by the Department of Health and Hospitals, Board of Chiropractic Examiners, LR 22:193 (March 1996).
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1744 and R.S. 37:1745.