Title: Section 34-2.9 - Computers

34-2.9 Computers.

(a) The provision, at less than fair market value, of computers, including hardware, hard drives, or monitors; or of computer equipment or supplies such as stands, tables, printers, printer stands, interfacing telephone lines, or modems; or of software, by a clinical laboratory to a health services purveyor, is prohibited, except as stated below.

(b) Nothing in Public Health Law section 587 or in this Subpart shall be construed to prohibit a clinical laboratory from providing a computer, computer equipment, computer supplies and/or software, and/or developing and providing software, to a health services purveyor, under the following circumstances:

(1) the computer, computer equipment, computer supplies and/or software are solely and exclusively used for, and are solely and exclusively dedicated to, enabling the health services purveyor to:

(i) make referrals of specimens for the performance of clinical laboratory services to the clinical laboratory; or

(ii) receive, access, print and/or store test results from the clinical laboratory, including cumulative test results concerning a particular patient, and including test related information stored by the clinical laboratory; or

(iii) transmit data to the clinical laboratory necessary for preparation of laboratory requisition forms and/or billing invoices; or

(iv) transfer laboratory related data from the clinical laboratory to any computer system maintained by the health services purveyor; and

(2) the clinical laboratory takes reasonable steps to ensure that the computer, computer equipment, computer supplies and/or software are solely and exclusively used as set forth in this Subpart; and

(3) the clinical laboratory reasonably monitors the use of the computer, computer equipment, computer supplies and/or software; and

(4) ownership of the computer, computer equipment, computer supplies and/or software remains in the clinical laboratory; and

(5) the clinical laboratory is responsible for all repair and maintenance of the computer, computer equipment and/or software; and

(6) the clinical laboratory maintains reasonable documentation that the computer, computer equipment, computer supplies and/or software is being used solely and exclusively as set forth in this Subpart.

(c) Nothing in Public Health Law section 587 or in this Subpart shall be construed to prohibit a general hospital licensed pursuant to Article 28 of the Public Health Law from providing a computer, computer equipment, computer supplies and/or software to a health services purveyor to facilitate the delivery of clinical laboratory services and health services to inpatients and outpatients of the general hospital, including, but not limited to, records access, patient admission, outpatient or inpatient service scheduling, and clinical laboratory service authorization, provided that the health services purveyor is a staff member or has professional privileges at the general hospital.

(d) Any computer, computer equipment, computer supplies and/or software provided to a health services purveyor in a manner prohibited by this Subpart, and which is in the possession of the health services purveyor at the time this Subpart becomes effective, shall be:

(1) returned to the clinical laboratory by the health services purveyor or reclaimed by the clinical laboratory within sixty (60) days of the effective date of this Subpart; or

(2) brought into compliance with this Subpart within sixty (60) days of the effective date of this Subpart.