OAR 333-072-0215: Requirements for Notification of Patient Choice

(1) A referral for a diagnostic test or health care treatment or service shall be based on the patient’s clinical needs and personal health choices. (2) A health practitioner may not deny, limit or withdraw a referral solely because the patient chooses to have the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (3) A health practitioner or the practitioner’s designee shall provide written or oral notice of patient choice at the time the patient establishes care with the practitioner. The notice shall include the following: (a) The patient has a choice and when referred to a facility for a diagnostic test or health care treatment or service the patient may receive the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (b) If the patient chooses to have the diagnostic test, health care treatment or service at a facility different from the one recommended by a practitioner, the patient is responsible for determining the extent or limitation of coverage for the diagnostic test, health care treatment or service at the facility chosen by the patient. (c) A health practitioner may not deny, limit or withdraw a referral solely because the patient chooses to have the diagnostic test or health care treatment or service at a facility other than the one recommended by the health practitioner. (4) Health practitioners shall also post notice of patient choice in a conspicuous place. The posted notice shall include the information set forth in subsections (3)(a) and (b) of this rule. (5) At the time of referral health practitioners may provide written or oral notice of patient choice. The notice shall include the information set forth in subsection (3)(a) of this rule. (6) Practitioners must document all oral notifications.