N.Y. Public Health Law § 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.