New York Public Health Code § 587

Prohibited practices
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§ 587. Prohibited practices. 1. No health services purveyor shall\nsolicit, receive, accept or agree to receive or accept any payment or\nother consideration in any form to the extent such payment or other\nconsideration is given for the referral of services or participate in\nthe division, transference, assignment, rebate, splitting of fees, with\nany clinical laboratory or its agent, employee or fiduciary, or with\nanother health services purveyor in relation to clinical laboratory\nservices. Specifically prohibited practices shall include, without\nlimiting thereto, the following:\n  (a) Acceptance of payments for rental of space for more than the fair\nmarket value or where the rental amount is affected by test ordering\nvolume or value.\n  (b) Acceptance of rental payments for storage space for any supplies\nprovided by any clinical laboratory or its agent, employee or fiduciary.\n  (c) Acceptance of payments for filling in proper information on\nlaboratory request forms for tests.\n  (d) Receipt or acceptance of employees, agents or other fiduciaries of\nany clinical laboratory to perform any duties in the facility of any\nhealth services purveyor provided, however, that nothing in this\nsubdivision shall prohibit a hospital as defined in article twenty-eight\nof this chapter or a health maintenance organization operating in\naccordance with article forty-three of the insurance law or article\nforty-four of this chapter and a clinical laboratory from contracting\nfor laboratory management services including the provision of technical\nservices and employees for the performance of functions directly related\nto clinical laboratory operations.\n  (e) Receipt or acceptance of equipment, supplies or services provided\nby any clinical laboratory or its agent, employee or fiduciary for less\nthan fair market value or when the purchase price or rental payment is\nin any way related to the reference of patients or specimens to any\nclinical laboratory.\n  (f) Receipt or acceptance of any monies or other consideration from\nany clinical laboratory or its agent, employee or fiduciary as a bonus,\ncommission or fee in the form of a fixed or percentage return for the\nnumber or dollar value of laboratory tests performed or to be performed\nby any clinical laboratory to which patients or specimens are referred\nor for the number of patients or specimens referred.\n  (g) The purchase of prepayment coupons, tickets, booklets or any\nvariation of such prepayment instruments as advance payments by\npurveyors of health services for clinical laboratory services to be\nrendered by any clinical laboratory.\n  (h) To accept payment of money or other consideration from anyone for\nany clinical laboratory tests rendered or to be rendered on any specimen\nfor transference of the money or other consideration in whole or in part\nto any clinical laboratory or to actually be kept by the health services\npurveyor.\n  (i) To accept or use directly any instrument or any clinical\nlaboratory form marked "Invoice", "Receipt", "Payment Received" or any\nother variation for issuance to patients as if the patient had been\nbilled and paid the clinical laboratory.\n  (j) Receipt or acceptance of any monies or other consideration from\nany clinical laboratory or its agent, employee or fiduciary for\ninfluencing any person to refrain from using or utilizing any other\nclinical laboratory.\n  2. No clinical laboratory or its agent, employee or fiduciary shall\nmake, offer, give, or agree to make, offer, or give any payment or other\nconsideration in any form to the extent such payment or other\nconsideration is given for the referral of services or participate in\nthe division, transference, assignment, rebate, splitting of fees, with\nany health services purveyor, or with another clinical laboratory.\nSpecifically prohibited practices shall include, without limiting\nthereto, the following:\n  (a) To offer or agree to give or give any payments for rental of s

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