{"data":{"id":"us-md/md.-code-health-occupations-1-303","jurisdiction":"us-md","citation":"Md. Code, Health Occupations § 1–303","heading":"","body":"(a) Except as provided in subsection (c) of this section and Title 12 of this article, a health care practitioner making a lawful referral shall disclose the existence of the beneficial interest in accordance with provisions of this section.\n(b) Prior to referring a patient to a health care entity in which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest, the health care practitioner shall:\n(1) Except if an oral referral is made by telephone, provide the patient with a written statement that:\n(i) Discloses the existence of the ownership of the beneficial interest or compensation arrangement;\n(ii) States that the patient may choose to obtain the health care service from another health care entity; and\n(iii) Requires the patient to acknowledge in writing receipt of the statement;\n(2) Except if an oral referral is made by telephone, insert in the medical record of the patient a copy of the written acknowledgement;\n(3) Place on permanent display a written notice that is in a typeface that is large enough to be easily legible to the average person from a distance of 8 feet and that is in a location that is plainly visible to the patients of the health care practitioner disclosing all of the health care entities:\n(i) In which the practitioner, the practitioner's immediate family, or the practitioner in combination with the practitioner's immediate family owns a beneficial interest; and\n(ii) To which the practitioner refers patients; and\n(4) Documents in the medical record of the patient that:\n(i) A valid medical need exists for the referral; and\n(ii) The practitioner has disclosed the existence of the beneficial interest to the patient.\n(c) The provisions of this section do not apply to:\n(1) A health care practitioner when treating a member of a health maintenance organization as defined in § 19-701 of the Health - General Article and the health care practitioner does not have a beneficial interest in the health care entity; or\n(2) A health care practitioner who refers a patient:\n(i) To another health care practitioner in the same group practice as the referring health care practitioner;\n(ii) For in-office ancillary services; or\n(iii) For health care services provided through or by a health care entity owned or controlled by a hospital.\n(d) A health care practitioner who fails to comply with any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.","path":["Article - Health Occupations"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gho\u0026section=1-303","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:58Z","sha256":"af230e2059796d459843806700f74fe6017d6588ae8bb3849dfe8154996a09cf","source_id":"us-md","stale":false,"prev":"us-md/md.-code-health-occupations-1-302","next":"us-md/md.-code-health-occupations-1-304"},"notice":"GroundRules: Original legal text. Not legal advice."}