238 - Definitions.

§  238.  Definitions. As used in this title, the following terms shall  have  the  following  meanings,  unless  the  context  clearly  requires  otherwise:    1.  "Clinical  laboratory  services"  shall  mean the microbiological,  serological,  chemical,  hematological,  biophysical,   cytological   or  pathological  examination  of materials derived from the human body, for  the purposes of obtaining information for the diagnosis, prevention,  or  treatment of disease or the assessment of health condition.    2.   "Fair   market  value"  shall  mean  the  value  in  arms  length  transactions, consistent  with  the  general  market  value,  and,  with  respect  to  rentals or leases, the value of rental property for general  commercial purposes, not taking into account its intended use,  and,  in  the  case  of  a  lease of space, not adjusted to reflect the additional  value the prospective lessee or lessor would attribute to the  proximity  or  convenience  to the lessor where the lessor is a potential source of  patient referrals to the lessee.    3.  "Financial  relationship"  shall  mean  an   ownership   interest,  investment interest or compensation arrangement.    4.  "General  hospital" shall have the same meaning as is set forth in  subdivision ten of section twenty-eight hundred one of this chapter.    5. "Group practice" shall mean a group of two  or  more  practitioners  organized   as  a  partnership,  professional  corporation,  foundation,  not-for-profit   corporation,   faculty   practice   plan   or   similar  association; and    (a)  in  which each practitioner who is a member of the group provides  substantially  the  full  range  of  services  which  the   practitioner  routinely  provides,  including medical care, consultation, diagnosis or  treatment, through the joint use of  shared  office  space,  facilities,  equipment and personnel; and    (b)  for  which substantially all of the services of the practitioners  who are members of the group are provided  through  the  group  and  are  billed  in  the name of the group and amounts so received are treated as  receipts of the group; and    (c) in which the overhead expenses of the income from the practice are  distributed in accordance with methods previously determined by  members  of the group; and    (d)  provided,  however,  in  the  case  of  a  faculty  practice plan  associated with a hospital with an approved residency  training  program  in  which  practitioner  members  may  provide  a  variety  of different  specialty services and provide professional  services  both  within  and  outside  the group, as well as perform other tasks such as research, the  provisions of paragraphs (a), (b) and (c) of this subdivision  shall  be  applied  only  with  respect to the services provided within the faculty  practice plan.    6. "Health care provider" shall mean a practitioner in  an  individual  practice, group practice, partnership, professional corporation or other  authorized  form  of  association,  a  hospital  or  other  health  care  institution issued an operating certificate pursuant to this chapter  or  the  mental  hygiene  law,  a certified home health agency or a licensed  home care services agency, and any other purveyor of  health  or  health  related  items  or  services  including  but  not  limited to a clinical  laboratory, a physiological laboratory, a pharmacy, a purveyor of  x-ray  or imaging services, a purveyor of physical therapy services, a purveyor  of  health  or  health  related supplies, appliances or equipment, or an  ambulance service.    7. "Health or health related items or services" shall include, but not  be limited to, items and services available under the medical assistanceprogram pursuant to title eleven of article five of the social  services  law.    8.  "Immediate family member" shall include spouse; birth and adoptive  parents,  children   and   siblings;   stepparents,   stepchildren   and  stepsiblings;     fathers-in-law,    mothers-in-law,    brothers-in-law,  sisters-in-law, sons-in-law and daughters-in-law; and  grandparents  and  grandchildren.    9.  "Interested  investor"  shall  mean, with respect to a health care  provider, an investor who is a practitioner in a position to make or  to  influence  referrals  or business to the health care provider, or who is  an immediate family member of such an investor.    10. "Investor" shall mean, with respect to a health care  provider,  a  person  with  a  financial  relationship  with the health care provider,  subject to the exceptions  provided  in  paragraph  (b)  of  subdivision  three, subdivision four and paragraph (b) of subdivision five of section  two hundred thirty-eight-a of this title.    11.  "Practitioner"  shall  mean  a  licensed or registered physician,  dentist, podiatrist, chiropractor, nurse, midwife,  physician  assistant  or specialist assistant, physical therapist, or optometrist.    12.  "Rural"  shall mean (i) a county with a population of two hundred  thousand persons or less, or a town with a  population  density  of  one  hundred  fifty  persons  or  less  per square mile; and (ii) other rural  areas  pursuant  to  standards  promulgated   in   regulation   by   the  commissioner.    13.   "X-ray  or  imaging  services"  shall  mean  diagnostic  imaging  techniques which shall include but not be limited to the following:    (a) Conventional x-ray or radiology.    (b) Fluoroscopy.    (c) Digital radiography.    (d) Computed tomography.    (e) Magnetic resonance imaging.    (f) Nuclear imaging.    (g) Ultrasonography.    (h) Angiography.    14.  "Pharmacy  services"  shall  mean  the  preparing,   compounding,  preserving  or,  the  dispensing  of  drugs,  medicines  and therapeutic  devices on the basis of prescriptions or other legal authority.    15. "Radiation therapy services" shall mean the  use  of  high  energy  x-rays,  particles,  or  radiation materials for the treatment of cancer  and other diseases.    16. "Physical therapy services" means physical therapy as  defined  by  section sixty-seven hundred thirty-one of the education law.    * 17.  "Public health council" shall mean the public health and health  planning council.    * NB Effective December 1, 2010