N.Y. Public Health Law § 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.