§ 238-d. Practitioner disclosure requirements.
1.With respect to\nreferrals not prohibited pursuant to this title, and except as provided\nin subdivision three of this section, a practitioner may not make a\nreferral to a health care provider for the furnishing of any health or\nhealth related items or services where such practitioner or immediate\nfamily member of such practitioner has any of the following financial\nrelationships without disclosing to the patient such financial\nrelationship:\n (a) an ownership or investment interest, as defined in subdivision\nthree of section two hundred thirty-eight-a of this title, with such\nhealth care provider; or\n (b) a compensation arrangement, as defined in subdivision five of\nsection two hundred thirty-eight-a of this title, with such h
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§ 238-d. Practitioner disclosure requirements. 1. With respect to\nreferrals not prohibited pursuant to this title, and except as provided\nin subdivision three of this section, a practitioner may not make a\nreferral to a health care provider for the furnishing of any health or\nhealth related items or services where such practitioner or immediate\nfamily member of such practitioner has any of the following financial\nrelationships without disclosing to the patient such financial\nrelationship:\n (a) an ownership or investment interest, as defined in subdivision\nthree of section two hundred thirty-eight-a of this title, with such\nhealth care provider; or\n (b) a compensation arrangement, as defined in subdivision five of\nsection two hundred thirty-eight-a of this title, with such health care\nprovider which is in excess of fair market value or which provides for\ncompensation that varies directly or indirectly based on the volume or\nvalue of any referrals of business between the parties.\n 2. The disclosure shall provide notice of any such financial\nrelationship and shall also inform the patient of his or her right to\nutilize a specifically identified alternative health care provider if\nany such alternative is reasonably available, and shall be provided in a\nbrief and reasonable form and manner specified in regulations proposed\nby the commissioner in consultation with consumer and physician\norganizations and adopted by the public health council, subject to\napproval by the commissioner.\n 3. Disclosure pursuant to this section shall not be required for a\nreferral for the furnishing of any health or health related items or\nservices under circumstances for which a referral of clinical laboratory\nservices, pharmacy services, radiation therapy services, physical\ntherapy services or x-ray or imaging services would not be prohibited\npursuant to section two hundred thirty-eight-a of this title, provided\nthat any disclosure required by section two hundred thirty-eight-a of\nthis title remains applicable.\n