Senate File 269 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1131) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning billing for anatomic pathology services and 2 making licensing sanctions applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1700SV 81 5 av/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 147.105 ANATOMIC PATHOLOGY 1 2 SERVICES == BILLING. 1 3 1. A physician or a clinical laboratory located in this 1 4 state or in another state that provides anatomic pathology 1 5 services to a patient in this state shall present or cause to 1 6 be presented a claim, bill, or demand for payment for such 1 7 services only to the following persons: 1 8 a. The patient who is the recipient of the services. 1 9 b. The insurer or other third=party payor responsible for 1 10 payment of the services. 1 11 c. The hospital that ordered the services. 1 12 d. The public health clinic or nonprofit clinic that 1 13 ordered the services. 1 14 e. The referring clinical laboratory, other than the 1 15 laboratory of a physician's office or group practice, that 1 16 ordered the services. 1 17 f. A governmental agency or a specified public or private 1 18 agent, agency, or organization that is responsible for payment 1 19 of the services on behalf of the recipient of the services. 1 20 2. Except as provided under subsections 5 and 6, a 1 21 clinical laboratory or a physician providing anatomic 1 22 pathology services to patients in this state shall not, 1 23 directly or indirectly, charge, bill, or otherwise solicit 1 24 payment for such services unless the services were personally 1 25 rendered by a physician or under the direct supervision of a 1 26 physician in accordance with section 353 of the federal Public 1 27 Health Service Act, 42 U.S.C. } 263a. 1 28 3. A person to whom a claim, bill, or demand for payment 1 29 for anatomic pathology services is submitted is not required 1 30 to pay the claim, bill, or demand for payment if the claim, 1 31 bill, or demand for payment is submitted in violation of this 1 32 section. 1 33 4. This section shall not be construed to mandate the 1 34 assignment of benefits for anatomic pathology services as 1 35 defined in this section. 2 1 5. This section does not prohibit claims or charges 2 2 presented by a referring clinical laboratory, other than a 2 3 laboratory of a physician's office or group practice, to 2 4 another clinical laboratory when samples are transferred 2 5 between laboratories for the provision of anatomic pathology 2 6 services. 2 7 6. This section does not prohibit claims or charges for 2 8 anatomic pathology services presented on behalf of a public 2 9 health clinic or nonprofit clinic that ordered the services 2 10 provided that the clinic is identified on the claim or charge 2 11 presented. 2 12 7. A violation of this section by a physician shall 2 13 subject the physician to the disciplinary provisions of 2 14 section 272C.3, subsection 2. 2 15 8. As used in this section: 2 16 a. "Anatomic pathology services" includes all of the 2 17 following: 2 18 (1) Histopathology or surgical pathology, meaning the 2 19 gross and microscopic examination and histologic processing of 2 20 organ tissue, performed by a physician or under the 2 21 supervision of a physician. 2 22 (2) Cytopathology, meaning the examination of cells from 2 23 fluids, aspirates, washings, brushings, or smears, including 2 24 the pap test examination, performed by a physician or under 2 25 the supervision of a physician. 2 26 (3) Hematology, meaning the microscopic evaluation of bone 2 27 marrow aspirates and biopsies performed by a physician or 2 28 under the supervision of a physician, and the examination of 2 29 peripheral blood smears, performed by a physician or under the 2 30 supervision of a physician, upon the request of an attending 2 31 or treating physician or technologist that a blood smear be 2 32 reviewed by a physician. 2 33 (4) Subcellular pathology and molecular pathology 2 34 services, performed by a physician or under the supervision of 2 35 a physician. 3 1 (5) Bloodbanking services, performed by a physician or 3 2 under the supervision of a physician. 3 3 b. "Physician" means any person licensed to practice 3 4 medicine and surgery, osteopathic medicine and surgery, or 3 5 osteopathy in this state or in another state. 3 6 EXPLANATION 3 7 This bill creates new Code section 147.105 relating to 3 8 bills submitted by a clinical laboratory or physician for the 3 9 provision of anatomic pathology services to a patient in this 3 10 state. The bill provides that a claim, bill, or demand for 3 11 payment for such services shall only be presented to certain 3 12 specified persons. 3 13 The bill also provides that a clinical laboratory or 3 14 physician shall not solicit payment for such services unless 3 15 the services were personally rendered by a physician or under 3 16 the supervision of a physician in accordance with federal law. 3 17 A person who receives a claim, bill, or demand for payment 3 18 that is made in violation of the new Code section is not 3 19 required to pay that claim, bill, or demand for payment. The 3 20 new Code section shall not be construed to mandate the 3 21 assignment of benefits for anatomic pathology services. The 3 22 bill does not prohibit claims or charges presented by one 3 23 clinical laboratory, other than a laboratory of a physician's 3 24 office or group practice, to another clinical laboratory when 3 25 samples are transferred between laboratories for the provision 3 26 of anatomic pathology services. The bill also does not 3 27 prohibit claims or charges presented on behalf of a public 3 28 health clinic or nonprofit clinic that ordered the services 3 29 provided that the clinic is identified on the claim or charge 3 30 presented. The bill allows the board of medical examiners to 3 31 revoke, suspend, or deny renewal of licensure to a physician 3 32 licensed in this state who violates the provisions of the 3 33 bill. 3 34 The bill defines "anatomic pathology services". The bill 3 35 also defines "physician" as any person licensed to practice 4 1 medicine and surgery, osteopathic medicine and surgery, or 4 2 osteopathy in this state or in another state. 4 3 LSB 1700SV 81 4 4 av:nh/gg/14