N.Y. Public Health Law § 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.