2017 New York Laws
PBH - Public Health
Article 2 - The Department of Health
Title 2-D - Health Care Practitioner Referrals
238-D - Practitioner Disclosure Requirements.

  238-d.  Practitioner  disclosure  requirements.  1. With respect to
  referrals not prohibited pursuant to this title, and except as  provided
  in  subdivision  three  of  this  section, a practitioner may not make a
  referral to a health care provider for the furnishing of any  health  or
  health  related  items  or services where such practitioner or immediate
  family member of such practitioner has any of  the  following  financial
  relationships   without   disclosing   to  the  patient  such  financial
  relationship:
(a) an ownership or investment interest,  as  defined  in  subdivision
  three  of  section  two  hundred thirty-eight-a of this title, with such
  health care provider; or
(b) a compensation arrangement, as  defined  in  subdivision  five  of
  section  two hundred thirty-eight-a of this title, with such health care
  provider which is in excess of fair market value or which  provides  for
  compensation  that  varies directly or indirectly based on the volume or
  value of any referrals of business between the parties.
2.  The  disclosure  shall  provide  notice  of  any  such   financial
  relationship  and  shall  also inform the patient of his or her right to
  utilize a specifically identified alternative health  care  provider  if
  any such alternative is reasonably available, and shall be provided in a
  brief  and  reasonable form and manner specified in regulations proposed
  by  the  commissioner  in  consultation  with  consumer  and   physician
  organizations  and  adopted  by  the  public  health council, subject to
  approval by the commissioner.
3. Disclosure pursuant to this section shall not  be  required  for  a
  referral  for  the  furnishing  of any health or health related items or
  services under circumstances for which a referral of clinical laboratory
  services,  pharmacy  services,  radiation  therapy  services,   physical
  therapy  services  or  x-ray or imaging services would not be prohibited
  pursuant to section two hundred thirty-eight-a of this  title,  provided
  that  any  disclosure  required by section two hundred thirty-eight-a of
  this title remains applicable.