§ 238-d. Practitioner disclosure requirements. 1. With respect to
referrals not prohibited pursuant to this title, and except as provided
in subdivision three of this section, a practitioner may not make a
referral to a health care provider for the furnishing of any health or
health related items or services where such practitioner or immediate
family member of such practitioner has any of the following financial
relationships without disclosing to the patient such financial
relationship:

(a) an ownership or investment interest, as defined in subdivision
three of section two hundred thirty-eight-a of this title, with such
health care provider; or

(b) a compensation arrangement, as defined in subdivision five of
section two hundred thirty-eight-a of this title, with such health care
provider which is in excess of fair market value or which provides for
compensation that varies directly or indirectly based on the volume or
value of any referrals of business between the parties.

2. The disclosure shall provide notice of any such financial
relationship and shall also inform the patient of his or her right to
utilize a specifically identified alternative health care provider if
any such alternative is reasonably available, and shall be provided in a
brief and reasonable form and manner specified in regulations proposed
by the commissioner in consultation with consumer and physician
organizations and adopted by the public health council, subject to
approval by the commissioner.

3. Disclosure pursuant to this section shall not be required for a
referral for the furnishing of any health or health related items or
services under circumstances for which a referral of clinical laboratory
services, pharmacy services, radiation therapy services, physical
therapy services or x-ray or imaging services would not be prohibited
pursuant to section two hundred thirty-eight-a of this title, provided
that any disclosure required by section two hundred thirty-eight-a of
this title remains applicable.