§ 238 — Definitions

New York § 238

• Jurisdiction: New York
• Law PBH: Public Health
• Title 2-D: Health Care Practitioner Referrals
• Art. 2: The Department of Health

Text

§ 238. Definitions. As used in this title, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Clinical laboratory services" shall mean the microbiological,\nserological, chemical, hematological, biophysical, cytological or\npathological examination of materials derived from the human body, for\nthe purposes of obtaining information for the diagnosis, prevention, or\ntreatment of disease or the assessment of health condition.\n 2. "Fair market value" shall mean the value in arms length\ntransactions, consistent with the general market value, and, with\nrespect to rentals or leases, the value of rental property for general\ncommercial purposes, not taking into account its intended use, and, in\nthe case of a lease of space, not adjusted to reflect the additional\nvalue the prospective lessee or lessor would attribute to the proximity\nor convenience to the lessor where the lessor is a potential source of\npatient referrals to the lessee.\n 3. "Financial relationship" shall mean an ownership interest,\ninvestment interest or compensation arrangement.\n 4. "General hospital" shall have the same meaning as is set forth in\nsubdivision ten of section twenty-eight hundred one of this chapter.\n 5. "Group practice" shall mean a group of two or more practitioners\norganized as a partnership, professional corporation, foundation,\nnot-for-profit corporation, faculty practice plan or similar\nassociation; and\n (a) in which each practitioner who is a member of the group provides\nsubstantially the full range of services which the practitioner\nroutinely provides, including medical care, consultation, diagnosis or\ntreatment, through the joint use of shared office space, facilities,\nequipment and personnel; and\n (b) for which substantially all of the services of the practitioners\nwho are members of the group are provided through the group and are\nbilled in the name of the group and amounts so received are treated as\nreceipts of the group; and\n (c) in which the overhead expenses of the income from the practice are\ndistributed in accordance with methods previously determined by members\nof the group; and\n (d) provided, however, in the case of a faculty practice plan\nassociated with a hospital with an approved residency training program\nin which practitioner members may provide a variety of different\nspecialty services and provide professional services both within and\noutside the group, as well as perform other tasks such as research, the\nprovisions of paragraphs (a), (b) and (c) of this subdivision shall be\napplied only with respect to the services provided within the faculty\npractice plan.\n 6. "Health care provider" shall mean a practitioner in an individual\npractice, group practice, partnership, professional corporation or other\nauthorized form of association, a hospital or other health care\ninstitution issued an operating certificate pursuant to this chapter or\nthe mental hygiene law, a certified home health agency or a licensed\nhome care services agency, and any other purveyor of health or health\nrelated items or services including but not limited to a clinical\nlaboratory, a physiological laboratory, a pharmacy, a purveyor of x-ray\nor imaging services, a purveyor of physical therapy services, a purveyor\nof health or health related supplies, appliances or equipment, or an\nambulance service.\n 7. "Health or health related items or services" shall include, but not\nbe limited to, items and services available under the medical assistance\nprogram pursuant to title eleven of article five of the social services\nlaw.\n 8. "Immediate family member" shall include spouse; birth and adoptive\nparents, children and siblings; stepparents, stepchildren and\nstepsiblings; fathers-in-law, mothers-in-law, brothers-in-law,\nsisters-in-law, sons-in-law and daughters-in-law; and grandparents and\ngrandchildren.\n 9. "Interested investor" shall mean, with respect to a health care\nprovider, an investor who is a practitioner in a position to make or to\ninfluence referrals or business to the health care provider, or who is\nan immediate family member of such an investor.\n 10. "Investor" shall mean, with respect to a health care provider, a\nperson with a financial relationship with the health care provider,\nsubject to the exceptions provided in paragraph (b) of subdivision\nthree, subdivision four and paragraph (b) of subdivision five of section\ntwo hundred thirty-eight-a of this title.\n 11. "Practitioner" shall mean a licensed or registered physician,\ndentist, podiatrist, chiropractor, nurse, midwife, physician assistant\nor specialist assistant, physical therapist, or optometrist.\n 12. "Rural" shall mean (i) a county with a population of two hundred\nthousand persons or less, or a town with a population density of one\nhundred fifty persons or less per square mile; and (ii) other rural\nareas pursuant to standards promulgated in regulation by the\ncommissioner.\n 13. "X-ray or imaging services" shall mean diagnostic imaging\ntechniques which shall include but not be limited to the following:\n (a) Conventional x-ray or radiology.\n (b) Fluoroscopy.\n (c) Digital radiography.\n (d) Computed tomography.\n (e) Magnetic resonance imaging.\n (f) Nuclear imaging.\n (g) Ultrasonography.\n (h) Angiography.\n 14. "Pharmacy services" shall mean the preparing, compounding,\npreserving or, the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority.\n 15. "Radiation therapy services" shall mean the use of high energy\nx-rays, particles, or radiation materials for the treatment of cancer\nand other diseases.\n 16. "Physical therapy services" means physical therapy as defined by\nsection sixty-seven hundred thirty-one of the education law.\n 17. "Public health council" shall mean the public health and health\nplanning council.\n