New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 600 - General Provisions › Section 600.8 - Criteria for determining the operation of diagnostic or treatment center under article 28 of the public health law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any provision of medical or health
				  services by a provider of medical or health services organized as a
				  not-for-profit or business corporation other than professional service
				  corporation shall constitute the operation of a diagnostic or treatment
				  center.
(b) It shall be prima facie
				  evidence that a diagnostic or treatment center is being operated when any
				  provider of medical or health services describes itself to the public as a
				  "center," "clinic" or by any name other than the name of one or more of the
				  practitioners providing these services.
(c) A provider of medical or health services
				  that does not come within subdivision (a) or (b) of this section shall be
				  reviewed by the Commissioner of Health to determine whether medical or health
				  services are being provided by practitioners of medicine engaged in private
				  practice or by facility within article 28 of the Public Health Law. The
				  following criteria shall be used in conducting such reviews:
(1) Patient contact. Patient contact is made
				  directly with the facility rather than the individual physician; or referral is
				  made to the facility by the physician; or provision is made for services by the
				  physician, not in his offices but at another location.
(2) Admission. The decisions as to admissions
				  are made by the facility rather than by the individual practitioner, or by
				  referral agreement or by arrangements with physicians.
(3) Choice of physician. When the physician
				  is not chosen by the patient, the physician is assigned by the facility, or the
				  patient is given a choice among several practitioners associated with or
				  employed by the facility.
(4) Care
				  of patients. Care that is provided patients is the responsibility of the
				  facility and is provided under the following conditions, among others:
(i) the facility, rather than the physician
				  assumes responsibility for all services rendered within the facility;
(ii) central services, including but not
				  limited to laboratory, pharmacy, X-ray and narcotics are available with no free
				  choice of the provider of such services by the patient;
(iii) the facility insures adherence to
				  standards;
(iv) the facility is
				  organized into departments or has a multi-disciplined approach;
(v) the facility supplies ancillary services;
				  or
(vi) the responsibility of the
				  facility terminates on discharge of the patient, as distinguished from the
				  continuing responsibility of the physician; follow-up care is not provided by
				  or at the facility.
(5)
				  Organization and management.
(i) Bills and
				  charges are determined by the facility;
(ii) medical charts and patient records are
				  maintained by the faculty;
(iii)
				  patient care space is provided by the facility;
(iv) income distribution is determined by the
				  facility;
(v) employees are
				  selected as supervised by the facility;
(vi) vital records such as fetal death
				  certificates, etc. are maintained by the facility;
(vii) bills are payable to the facility,
				  rather than to the individual practitioner;
(viii) the scope of the services to be
				  provided is determined by the facility, subject to regulatory
				  limitations;
(ix) the structure is
				  so physically extensive that it exceeds the usual space requirements of the
				  private medical practitioner;
(x)
				  the departmental organization is large enough to require delegation of
				  authority to nonmedical personnel;
(xi) there is employment of other health
				  professions such as registered nurse, physical therapist, pharmacist;
				  or
(xii) the patient registry is
				  more extensive than that found in the usual individual practice. Many more
				  persons are processed than are ordinarily diagnosed or treated by physicians in
				  the private practice of medicine.