N.Y. PBH Law § 4708 — New York Code / Act PBH / Article 47 / Section 4708
Shared health facilities; prohibited practices; administrative requirements
Status: in_force

§ 4708. Shared health facilities; prohibited practices; administrative\nrequirements. With regard to shared health facilities: 1. The rental fee\nfor letting of space to providers in a shared health facility shall not\nbe calculated wholly or partially, directly or indirectly, as a\npercentage of earnings or billings of the provider for services rendered\non the premises in which the shared health facility is located. The\noperator of each facility shall file a copy of each lease and any\nrenewal thereof with the department;\n  2. No purveyor, whether or not located in a building which houses a\nshared health facility, shall directly or indirectly offer, pay or give\nto any provider, and no provider shall directly or indirectly solicit,\nrequest, receive or accept from any purveyor any sum of money, credit or\nother valuable consideration for:\n  (a) recommending or procuring goods, services or equipment of such\npurveyor, or\n  (b) directing patronage or clientele to such purveyor, or\n  (c) influencing any person to refrain from using or utilizing goods,\nservices or equipment of any purveyor;\n  3. No provider or purveyor may demand or collect any compensation in\nexcess of the fee specified in the fee schedule of the program;\n  4. No purveyor shall provide to a patient eligible to receive benefits\nunder the provisions of the program any services, equipment,\npharmaceutical or other medical supplies differing in quantity or in any\nother respect from that described in the payment invoice submitted by\nsuch purveyor to the department.  No purveyor shall provide to any\npatient eligible to receive benefits under the provisions of the program\nany services, equipment, pharmaceutical or medical supplies differing in\nquality, quantity or in any other respect from that prescribed by the\nprovider;\n  5. (a) No provider in a shared health facility or person employed in\nsuch facility shall refer a patient to another provider located in such\nfacility unless there is a medical need for such referral and unless the\nrecords of the referring provider pertaining to such patient clearly\nsets forth the justification for such referral;\n  (b) Every provider practicing in a shared health facility who treats a\npatient referred to him by another provider practicing in the same\nfacility shall communicate in writing to the referring provider the\ndiagnostic evaluation and the therapy rendered. The referring provider\nshall incorporate such information into the patient's permanent record;\n  (c) The invoice submitted to the program by the provider to whom such\npatient has been referred shall (i) contain the actual signature and\nprovider number of the referring provider and (ii) identify the medical\nproblem which necessitated the referral;\n  6. Any pharmacy maintaining a business in or adjacent to the building\nin which a shared health facility is located shall prominently post a\nnotice informing patients that all pharmaceuticals prescribed in the\nprogram may be obtained at any pharmacy of the patient's choice enrolled\nin the program;\n  7. No purveyor who maintains a business in the building in which a\nshared health facility is located shall maintain a door or window\nopening into the offices or waiting room of the facility, except where\nthe profession of the provider permits the provider to function\nsimultaneously as a purveyor;\n  8. All provider invoices submitted for services rendered at a shared\nhealth facility shall: (a) contain the registration code of the facility\nat which the service was performed, (b) clearly identify the\npractitioner who provided the service, and (c) be signed by the provider\nonly after the service has been performed;\n  9. All orders issued by providers for ancillary clinical services,\nincluding but not limited to, x-rays, electrocardiograms, clinical\nlaboratory services, electroencephalograms, as well as orders for\nmedical supplies and equipment, shall contain the code number assigned\nto the facility at which the order was written; and\n  10. Each provider or purveyor shall submit a true bill or invoice for\nservices rendered in the program.\n