§ 113.02 EXCEPTIONS.
   This chapter shall not apply to:
   (A)   Physicians, nurse practitioners or their facilities not otherwise defined in § 113.01 that are necessary for said provider to carry out their "normal" practice of medicine.
   (B)   The replacement or repair of a building or equipment due to natural disaster or severe weather conditions or due to normal wear and tear.
   (C)   A healthcare service personally performed or provided by the referring physician that satisfies the professional component of inpatient hospital services or outpatient hospital services provided by an entity that consists of both a professional component and a technical component determined by federal Medicare reimbursement policies. A healthcare service is not personally performed by a referring physician if the referring physician's employee, independent contractor or group practice member performs the services. A service is not personally performed or provided by the referring physician if the services are performed or provided by another person, including the referring physician's employees, independent contractors or group practice members. A physician service that is personally performed or provided by the referring physician that is claimed or billed by an entity under assignment or reassignment from the referring physician.
   (D)   A governmental health care program. As used in this chapter, "governmental health care program" means a program that provides healthcare facilities, equipment or other benefits that is owned or operated by the federal government, the state government or a political subdivision of the state. This term includes the federal Medicare program (42 U.S.C. 1395 et seq.), the state Medicaid program (I.C. 12-15), and the children's health insurance program (I.C. 12-17.6) and the County Public Health Department and the County Emergency Management Agency.
   (E)   A continuing care retirement community that is required to file a disclosure statement under I.C. 23-2-4.
   (F)   Incorporated cities and towns.
(Ord. 2005-6C, passed 6-20-05)