Title 31, Chapter 16, Section 7
( 31-16-7)
(a) The physician and that physician's patient retain the discretion
to determine whether or not a kidney dialyzer should be reused. No
licensed kidney dialysis clinic or provider of kidney dialysis
services which is certificated by the state Department of Community
Health may interfere with the exercise of that discretion by: (1) Requiring the reuse of such dialyzer over the objection of
that physician and patient; or (2) Discriminating against a physician specializing in the
practice of nephrology by prohibiting that physician from
practicing in such clinic or performing dialysis services for such
provider if that discrimination is based upon that physician's
refusal to reuse a dialyzer and that refusal is based on the
patient's informed consent. (b) A provider of kidney dialysis services who is required to comply
with subsection (a) of this Code section but who does not so comply
shall have no claim or cause of action for reimbursement for those
services which were rendered without that compliance. |