2019 New York Laws
PBH - Public Health
Article 47 - Shared Health Facilities
4708 - Shared Health Facilities; Prohibited Practices; Administrative Requirements.

§ 4708. Shared health facilities; prohibited practices; administrative
requirements. With regard to shared health facilities: 1. The rental fee
for  letting of space to providers in a shared health facility shall not
be  calculated  wholly  or  partially,  directly  or  indirectly,  as  a
percentage of earnings or billings of the provider for services rendered
on  the  premises  in  which  the shared health facility is located. The
operator of each facility shall file  a  copy  of  each  lease  and  any
renewal thereof with the department;
  2.  No  purveyor,  whether or not located in a building which houses a
shared health facility, shall directly or indirectly offer, pay or  give
to  any  provider, and no provider shall directly or indirectly solicit,
request, receive or accept from any purveyor any sum of money, credit or
other valuable consideration for:
  (a) recommending or procuring goods, services  or  equipment  of  such
purveyor, or
  (b) directing patronage or clientele to such purveyor, or
  (c)  influencing  any person to refrain from using or utilizing goods,
services or equipment of any purveyor;
  3. No provider or purveyor may demand or collect any  compensation  in
excess of the fee specified in the fee schedule of the program;
  4. No purveyor shall provide to a patient eligible to receive benefits
under   the   provisions   of   the  program  any  services,  equipment,
pharmaceutical or other medical supplies differing in quantity or in any
other respect from that described in the payment  invoice  submitted  by
such  purveyor  to  the  department.    No purveyor shall provide to any
patient eligible to receive benefits under the provisions of the program
any services, equipment, pharmaceutical or medical supplies differing in
quality, quantity or in any other respect from that  prescribed  by  the
provider;
  5.  (a)  No provider in a shared health facility or person employed in
such facility shall refer a patient to another provider located in  such
facility unless there is a medical need for such referral and unless the
records  of  the  referring  provider pertaining to such patient clearly
sets forth the justification for such referral;
  (b) Every provider practicing in a shared health facility who treats a
patient referred to him by  another  provider  practicing  in  the  same
facility  shall  communicate  in  writing  to the referring provider the
diagnostic evaluation and the therapy rendered. The  referring  provider
shall incorporate such information into the patient's permanent record;
  (c)  The invoice submitted to the program by the provider to whom such
patient has been referred shall (i) contain  the  actual  signature  and
provider  number of the referring provider and (ii) identify the medical
problem which necessitated the referral;
  6. Any pharmacy maintaining a business in or adjacent to the  building
in  which  a  shared health facility is located shall prominently post a
notice informing patients that all  pharmaceuticals  prescribed  in  the
program may be obtained at any pharmacy of the patient's choice enrolled
in the program;
  7.  No  purveyor  who  maintains a business in the building in which a
shared health facility is  located  shall  maintain  a  door  or  window
opening  into  the offices or waiting room of the facility, except where
the  profession  of  the  provider  permits  the  provider  to  function
simultaneously as a purveyor;
  8.  All  provider invoices submitted for services rendered at a shared
health facility shall: (a) contain the registration code of the facility
at  which  the  service  was  performed,  (b)   clearly   identify   the
practitioner who provided the service, and (c) be signed by the provider
only after the service has been performed;

  9.  All  orders  issued  by providers for ancillary clinical services,
including but  not  limited  to,  x-rays,  electrocardiograms,  clinical
laboratory  services,  electroencephalograms,  as  well  as  orders  for
medical supplies and equipment, shall contain the code  number  assigned
to the facility at which the order was written; and
  10.  Each provider or purveyor shall submit a true bill or invoice for
services rendered in the program.