New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-1 - Health Care Practitioner Referrals › Section 34-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subpart, unless the context of this
						Subpart clearly requires otherwise, the following terms shall have the
						following meanings:
(a) Clinical
					 laboratory services shall mean the microbiological, immunological, chemical,
					 hematological, biophysical, cytological or pathological, genetic or other
					 examination of materials derived from the human body, for the purposes of
					 obtaining information for the diagnosis, prevention, or treatment of disease or
					 the assessment of a health condition.
(b) Fair market value shall mean the value in
					 arms length transactions, consistent with the general market value, and, with
					 respect to rentals or leases, the value of rental property for general
					 commercial purposes, not taking into account its intended use, and, in the case
					 of a lease of space, not adjusted to reflect the additional value the
					 prospective lessee or lessor would attribute to the proximity or convenience to
					 the lessor where the lessor is a potential source of patient referrals to the
					 lessee.
(c) Financial relationship
					 shall mean an ownership interest, investment interest or compensation
					 arrangement.
(d) General hospital
					 shall mean a hospital engaged in providing medical or medical and surgical
					 services primarily to in-patients by or under the supervision of a physician on
					 a 24-hour basis with provisions for admission or treatment of persons in need
					 of emergency care and with an organized medical staff and nursing service,
					 including facilities providing services relating to particular diseases,
					 injuries, conditions or deformities. The term general hospital shall not
					 include a residential health care facility, public health center, diagnostic
					 center, treatment center, out- patient lodge, dispensary and laboratory or
					 central service facility serving more than one institution.
(e) Group practice shall mean a group of two
					 or more practitioners organized as a partnership, professional corporation,
					 foundation, not-for-profit corporation, faculty practice plan or similar
					 association; and
(1) in which each
					 practitioner who is a member of the group provides substantially the full range
					 of services which the practitioner routinely provides, including medical care,
					 consultation, diagnosis or treatment, through the joint use of shared office
					 space, facilities, equipment and personnel; and
(2) for which substantially all of the
					 services of the practitioners who are members of the group are provided through
					 the group and are billed in the name of the group and amounts so received are
					 treated as receipts of the group; and
(3) in which the overhead expenses of the
					 income from the practice are distributed in accordance with methods previously
					 determined by members of the group; and
(4) provided, however, in the case of a
					 faculty practice plan associated with a hospital with an approved residency
					 training program in which practitioner members may provide a variety of
					 different specialty services and provide professional services both within and
					 outside the group, as well as perform other tasks such as research, the
					 provisions of paragraphs (1)-(3) of this subdivision shall be applied only with
					 respect to the services provided within the faculty practice plan.