§ 4702. Definitions. For the purposes of this article, the following
terms shall have the following meanings: 1. "Program" shall mean the New
York state program of medical assistance for needy persons, as provided
in title XI of article five of the social services law.

2. "Shared health facility" or "facility" means any arrangement
wherein four or more practitioners licensed under the provisions of
article one hundred thirty-one, one hundred thirty-one-a, one hundred
thirty-two, one hundred thirty-three, one hundred thirty-seven, one
hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
hundred forty-four, one hundred fifty-six or one hundred fifty-nine of
the education law, one or more of whom receives payment under the
program and whose total aggregate monthly remuneration from such program
is in excess of five thousand dollars for any one month during the
preceding twelve months, (a) practice their professions at a common
physical location; and (b) share (i) common waiting areas, examining
rooms, treatment rooms or other space, or (ii) the services of
supporting staff, or (iii) equipment; and (c) a person, whether such
person is a practitioner or not, is in charge of, controls, manages or
supervises substantial aspects of the arrangement or operation for the
delivery of health or medical services at said common physical location,
other than the direct furnishing of professional services by the
practitioners to their patients, or a person makes available to the
practitioners the services of supporting staff who are not employees of
the practitioners. "Shared health facility" does not mean or include
practitioners practicing their profession as a partnership provided that
members of the supporting staff are employees of such legal entity and
if there is an office manager, or person with similar title, he is an
employee of the legal entity whose compensation is customary and not
excessive for such services and there is no person described in
paragraph (c) of this subdivision. "Shared health facility" does not
mean or include any entity organized pursuant to the provisions of
article twenty-eight of this chapter or operating under a certificate
issued pursuant to the provisions of article thirteen of the mental
hygiene law; nor shall it mean or include a facility wherein ambulatory
medical services are provided by an organized group of physicians
pursuant to an arrangement between such group and a health services
corporation operating under article forty-three of the insurance law or
a health maintenance organization operating under article forty-four of
the public health law, and where the health services corporation or the
health maintenance organization is reimbursed on a prepaid capitation
basis for the provision of health care services under New York state's
medical assistance program.

3. "Provider" shall mean any qualified physicians, dentists, nurses,
optometrists, and other related professional personnel participating in
the program.

4. "Purveyor" shall mean any person, who, whether or not located in a
building which houses a shared health facility, directly or indirectly,
engages in the business of supplying to patients any medical supplies,
equipment or services for which reimbursement under the program is
received, including, but not limited to, clinical laboratory services or
supplies; x-ray laboratory services or supplies; inhalation therapy
services or equipment; ambulance services; sick room supplies; physical
therapy services or equipment; orthopedic or surgical appliances or
supplies; drugs, medication or medical supplies; eyeglasses, lenses, or
other optical supplies or equipment; hearing aids or devices; and any
other goods, services, supplies, equipment or procedures prescribed,
ordered, recommended or suggested for medical diagnosis, care or
treatment.

5. "Patient" shall mean anyone eligible to receive benefits under the
provisions of the program.