§ 4702 — Definitions

§ 4702. Definitions. For the purposes of this article, the following\nterms shall have the following meanings: 1. "Program" shall mean the New\nYork state program of medical assistance for needy persons, as provided\nin title XI of article five of the social services law.\n 2. "Shared health facility" or "facility" means any arrangement\nwherein four or more practitioners licensed under the provisions of\narticle one hundred thirty-one, one hundred thirty-one-a, one hundred\nthirty-two, one hundred thirty-three, one hundred thirty-seven, one\nhundred thirty-nine, one hundred forty-one, one hundred forty-three, one\nhundred forty-four, one hundred fifty-six or one hundred fifty-nine of\nthe education law, one or more of whom receives payment under the\nprogram and whose total aggregate monthly remuneration from such program\nis in excess of five thousand dollars for any one month during the\npreceding twelve months, (a) practice their professions at a common\nphysical location; and (b) share (i) common waiting areas, examining\nrooms, treatment rooms or other space, or (ii) the services of\nsupporting staff, or (iii) equipment; and (c) a person, whether such\nperson is a practitioner or not, is in charge of, controls, manages or\nsupervises substantial aspects of the arrangement or operation for the\ndelivery of health or medical services at said common physical location,\nother than the direct furnishing of professional services by the\npractitioners to their patients, or a person makes available to the\npractitioners the services of supporting staff who are not employees of\nthe practitioners. "Shared health facility" does not mean or include\npractitioners practicing their profession as a partnership provided that\nmembers of the supporting staff are employees of such legal entity and\nif there is an office manager, or person with similar title, he is an\nemployee of the legal entity whose compensation is customary and not\nexcessive for such services and there is no person described in\nparagraph (c) of this subdivision. "Shared health facility" does not\nmean or include any entity organized pursuant to the provisions of\narticle twenty-eight of this chapter or operating under a certificate\nissued pursuant to the provisions of article thirteen of the mental\nhygiene law; nor shall it mean or include a facility wherein ambulatory\nmedical services are provided by an organized group of physicians\npursuant to an arrangement between such group and a health services\ncorporation operating under article forty-three of the insurance law or\na health maintenance organization operating under article forty-four of\nthe public health law, and where the health services corporation or the\nhealth maintenance organization is reimbursed on a prepaid capitation\nbasis for the provision of health care services under New York state's\nmedical assistance program.\n 3. "Provider" shall mean any qualified physicians, dentists, nurses,\noptometrists, and other related professional personnel participating in\nthe program.\n 4. "Purveyor" shall mean any person, who, whether or not located in a\nbuilding which houses a shared health facility, directly or indirectly,\nengages in the business of supplying to patients any medical supplies,\nequipment or services for which reimbursement under the program is\nreceived, including, but not limited to, clinical laboratory services or\nsupplies; x-ray laboratory services or supplies; inhalation therapy\nservices or equipment; ambulance services; sick room supplies; physical\ntherapy services or equipment; orthopedic or surgical appliances or\nsupplies; drugs, medication or medical supplies; eyeglasses, lenses, or\nother optical supplies or equipment; hearing aids or devices; and any\nother goods, services, supplies, equipment or procedures prescribed,\nordered, recommended or suggested for medical diagnosis, care or\ntreatment.\n 5. "Patient" shall mean anyone eligible to receive benefits under the\nprovisions of the program.\n