NY Pub Health L § 4702 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 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.