Title: Section 34-1.4 - Disclosure: Clinical laboratory services, pharmacy services or x-ray

Effective Date

12/26/2001

34-1.4 Disclosure: Clinical laboratory services, pharmacy services, radiation therapy services, or x-ray or imaging services.

(a) An ownership interest or investment interest shall not be subject to Public Health Law section 238-a(1)(a) or to section 34-1.3 of this Subpart if:

(1) the health care provider authorized to provide clinical laboratory services, pharmacy services, raditation therapy services, or x-ray or imaging services is in a rural area, and the referring practitioner or the patient is in such rural area; or

(2) the clinical laboratory services, pharmacy services, ratiation therapy services, or x-ray or imaging services are provided by a general hospital, the referring practitioner is authorized to perform services at such general hospital and the ownership or investment interest is in the general hospital itself and not merely in a subdivision thereof; or

(3) the clinical laboratory services, pharmacy services, radiation therapy services, or x-ray or imaging services are provided by an ambulatory surgical center issued an operating certificate pursuant to Part 401 of this title in conjunction with a surgical procedure performed by the referring practitioner at the ambulatory surgical center; and

(4) if each practitioner who is an interested investor in a health care provider within a category specified in paragraph (1), (2) and (3) of this subdivision discloses to the patient the practitioner's, or family member's, ownership interest or investment interest in the health care provider and the patient's right to utilize a specifically identified alternative health care provider if any such alternative is reasonably available, in the disclosure form specified in section 34-1.6 of this Subpart. Such form shall also be posted prominently in the practitioner's office.

(b) A practitioner shall maintain documentation of each instance of disclosure to a patient pursuant to this section.

Volume

VOLUME A-1 (Title 10)

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