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Title: Section 69-11.12 - Assisted reproduction service provider conflicts of interest

Effective Date


69-11.12 Assisted reproduction service provider conflicts of interest.

(a) The assisted reproduction service providers shall develop and maintain policies to avoid conflicts of interest while facilitating, arranging, and engaging in the services contemplated in a surrogacy agreement.

(b) The assisted reproduction service provider’s conflict of interest policy shall apply to all personnel of the assisted reproduction service provider, including but not limited to owners, employees, and contractors.

(c) Such conflict of interest policies shall prohibit, at a minimum, the following conduct:

(1) any sort of kickback or making or receiving a referral for a fee under Education Law section 6530(18) or any other state or federal law;

(2) fee-splitting under Education Law section 6530(19);

(3) financially benefitting from a referral under Education Law section 6530(17);

(4) ordering or arranging for excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient under Education Law section 6530(35);

(5) making self-referrals under Public Health Law Article 2, Title 2-D; and

(6) entering into an arrangement with a clinical laboratory under which the clinical laboratory does not directly bill the patient as required by Public Health Law section 586.

Statutory Authority

General Business Law, Section 1404 and Public Health Law, Sections 2599-cc and 4365(4)


VOLUME A-1a (Title 10)