Section 83-2.1 - Definitions

83-2.1 Definitions. The following terms shall have the following meanings for purposes of this Article:

(a) “Attorney General” means the Attorney General of the State of New York.

(b) “Certificate of Public Advantage” or “Certificate” means a Certificate issued by the Department pursuant to this Subpart signifying the approval of a Cooperative Agreement or of a planning process.

(c) “Cooperative Agreement” means an executed agreement among a health care provider and one or more persons or entities, including other health care providers, governing any of the following:

(1) The sharing, allocation, or referral of patients, personnel, instructional programs, information technology resources, support services and facilities, or medical, diagnostic, or laboratory facilities or equipment, or procedures or other services traditionally offered by health care providers or health care-related entities, including but not limited to, the implementation of clinical integration programs and payment mechanisms that involve the sharing of data and resources to develop, implement, and monitor the effectiveness of, and adherence to, performance standards, clinical protocols and evidence-based practices; or

(2) A merger, consolidation, purchase of stock or assets, partnership, joint venture, or any other transaction or affiliation by which ownership or control over all or substantially all of the stock, assets, or activities of one or more health care providers, or health care-related entities, is transferred to another entity who controls a health care provider or health care-related entity.

“Cooperative Agreement” shall not include any Agreement that would permit a health care provider to act in a manner which would be otherwise prohibited by law, except as authorized pursuant to Article 29-F of the Public Health Law.

(d) “Federal or state antitrust laws” means any and all federal or state laws prohibiting monopolies or agreements in restraint of trade, including the federal Sherman Act, Clayton Act, Federal Trade Commission Act and laws set forth in Article 22 of the New York General Business Law, including amendments thereto.

(e) “Health care provider” shall include, but not be limited to, a facility, agency or program licensed or certified pursuant to Article twenty-eight, thirty-six, or forty of the Public Health Law; a health care professional licensed pursuant to title eight of the Education Law or a lawful combination of such health care professionals; or an entity licensed, certified or funded pursuant to Article sixteen, thirty-one, thirty-two or forty-one of the Mental Hygiene Law.

(f) “Mental hygiene agency” means one of the autonomous offices of the state Department of Mental Hygiene established under section 5.01 of the Mental Hygiene Law.

(g) “Person” means any individual, firm, partnership, corporation, association, public or private institution, political subdivision, or government agency.

(h) “Planning process” means a process, including a process convened and overseen by a planning entity approved by the Department, intended to plan for and result in a Cooperative Agreement.

(i) “Primary service area” means the lowest number of postal zip codes from which the party draws at least 75 percent of its patients for each service or group of services provided.

Effective Date: 
Wednesday, December 17, 2014
Doc Status: 
Complete