2013 New York Consolidated Laws
PBH - Public Health
Article 47 - (4700 - 4718) SHARED HEALTH FACILITIES
4702 - Definitions.

 
    §  4702.  Definitions. For the purposes of this article, the following
  terms shall have the following meanings: 1. "Program" shall mean the New
  York state program of medical assistance for needy persons, as  provided
  in title XI of article five of the social services law.
    2.  "Shared  health  facility"  or  "facility"  means  any arrangement
  wherein four or more practitioners  licensed  under  the  provisions  of
  article  one  hundred  thirty-one, one hundred thirty-one-a, one hundred
  thirty-two, one hundred  thirty-three,  one  hundred  thirty-seven,  one
  hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
  hundred  forty-four,  one hundred fifty-six or one hundred fifty-nine of
  the education law, one or  more  of  whom  receives  payment  under  the
  program and whose total aggregate monthly remuneration from such program
  is  in  excess  of  five  thousand  dollars for any one month during the
  preceding twelve months, (a) practice  their  professions  at  a  common
  physical  location;  and  (b)  share (i) common waiting areas, examining
  rooms,  treatment  rooms  or  other  space,  or  (ii)  the  services  of
  supporting  staff,  or  (iii)  equipment; and (c) a person, whether such
  person is a practitioner or not, is in charge of, controls,  manages  or
  supervises  substantial  aspects of the arrangement or operation for the
  delivery of health or medical services at said common physical location,
  other than  the  direct  furnishing  of  professional  services  by  the
  practitioners  to  their  patients,  or  a person makes available to the
  practitioners the services of supporting staff who are not employees  of
  the  practitioners.    "Shared health facility" does not mean or include
  practitioners practicing their profession as a partnership provided that
  members of the supporting staff are employees of such legal  entity  and
  if  there  is  an office manager, or person with similar title, he is an
  employee of the legal entity whose compensation  is  customary  and  not
  excessive  for  such  services  and  there  is  no  person  described in
  paragraph (c) of this subdivision. "Shared  health  facility"  does  not
  mean  or  include  any  entity  organized  pursuant to the provisions of
  article twenty-eight of this chapter or operating  under  a  certificate
  issued  pursuant  to  the  provisions  of article thirteen of the mental
  hygiene law; nor shall it mean or include a facility wherein  ambulatory
  medical  services  are  provided  by  an  organized  group of physicians
  pursuant to an arrangement between such  group  and  a  health  services
  corporation  operating under article forty-three of the insurance law or
  a health maintenance organization operating under article forty-four  of
  the  public health law, and where the health services corporation or the
  health maintenance organization is reimbursed on  a  prepaid  capitation
  basis  for  the provision of health care services under New York state's
  medical assistance program.
    3. "Provider" shall mean any qualified physicians,  dentists,  nurses,
  optometrists,  and other related professional personnel participating in
  the program.
    4. "Purveyor" shall mean any person, who, whether or not located in  a
  building  which houses a shared health facility, directly or indirectly,
  engages in the business of supplying to patients any  medical  supplies,
  equipment  or  services  for  which  reimbursement  under the program is
  received, including, but not limited to, clinical laboratory services or
  supplies; x-ray laboratory  services  or  supplies;  inhalation  therapy
  services  or equipment; ambulance services; sick room supplies; physical
  therapy services or equipment;  orthopedic  or  surgical  appliances  or
  supplies;  drugs, medication or medical supplies; eyeglasses, lenses, or
  other optical supplies or equipment; hearing aids or  devices;  and  any
  other  goods,  services,  supplies,  equipment or procedures prescribed,
  ordered,  recommended  or  suggested  for  medical  diagnosis,  care  or
  treatment.

    5.  "Patient" shall mean anyone eligible to receive benefits under the
  provisions of the program.