NY Pub Health L § 4708 (2021)
2021 New York Laws PBH - Public Health Article 47 - Shared Health Facilities 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.