Section 32121.3 Of Article 2. Powers From California Health And Safety Code >> Division 23. >> Chapter 2. >> Article 2.
32121.3
. (a) Notwithstanding any other provision of law, a hospital
district, or any affiliated nonprofit corporation upon a finding by
the board of directors of the district that it will be in the best
interests of the public health of the communities served by the
district and in order to obtain a licensed physician and surgeon to
practice in the communities served by the district, may do any of the
following:
(1) Guarantee to a physician and surgeon a minimum income for a
period of no more than three years from the opening of the physician
and surgeon's practice.
(2) Guarantee purchases of necessary equipment by the physician
and surgeon.
(3) Provide reduced rental rates of office space in any building
owned or leased by the district or any of its affiliated entities, or
subsidize rental payments for office space in any other buildings,
for a term of no more than three years.
(4) Provide other incentives to a physician and surgeon in
exchange for consideration and upon terms and conditions the hospital
district's board of directors deems reasonable and appropriate.
(b) Any provision in a contract between a physician and surgeon
and a hospital district or affiliated nonprofit corporation is void
which does any of the following:
(1) Imposes as a condition any requirement that the patients of
the physician and surgeon, or a quota of the patients of the
physician and surgeon, only be admitted to a specified hospital.
(2) Restricts the physician and surgeon from establishing staff
privileges at, referring patients to, or generating business for
another entity.
(3) Provides payment or other consideration to the physician and
surgeon for the physician and surgeon's referral of patients to the
district hospital or an affiliated nonprofit corporation.
(c) Contracts between a physician and surgeon and a hospital
district or affiliated nonprofit corporation that provide an
inducement for the physician and surgeon to practice in the community
served by the district hospital shall contain both of the following:
(1) A provision which requires the inducement to be repaid with
interest if the inducement is repayable.
(2) A provision which states that no payment or other
consideration shall be made for the referral of patients to the
district hospital or an affiliated nonprofit corporation.
(d) To the extent that this section conflicts with Section 650 of
the Business and Professions Code, Section 650 of the Business and
Professions Code shall supersede this section.
(e) The Legislature finds that this section is necessary to assist
district hospitals to attract qualified physicians and surgeons to
practice in the communities served by these hospitals, and that the
health and welfare of the residents in these communities require
these provisions.