§ 4708. Shared health facilities; prohibited practices; administrative
requirements. With regard to shared health facilities: 1. The rental fee
for letting of space to providers in a shared health facility shall not
be calculated wholly or partially, directly or indirectly, as a
percentage of earnings or billings of the provider for services rendered
on the premises in which the shared health facility is located. The
operator of each facility shall file a copy of each lease and any
renewal thereof with the department;

2. No purveyor, whether or not located in a building which houses a
shared health facility, shall directly or indirectly offer, pay or give
to any provider, and no provider shall directly or indirectly solicit,
request, receive or accept from any purveyor any sum of money, credit or
other valuable consideration for:

(a) recommending or procuring goods, services or equipment of such
purveyor, or

(b) directing patronage or clientele to such purveyor, or

(c) influencing any person to refrain from using or utilizing goods,
services or equipment of any purveyor;

3. No provider or purveyor may demand or collect any compensation in
excess of the fee specified in the fee schedule of the program;

4. No purveyor shall provide to a patient eligible to receive benefits
under the provisions of the program any services, equipment,
pharmaceutical or other medical supplies differing in quantity or in any
other respect from that described in the payment invoice submitted by
such purveyor to the department. No purveyor shall provide to any
patient eligible to receive benefits under the provisions of the program
any services, equipment, pharmaceutical or medical supplies differing in
quality, quantity or in any other respect from that prescribed by the
provider;

5. (a) No provider in a shared health facility or person employed in
such facility shall refer a patient to another provider located in such
facility unless there is a medical need for such referral and unless the
records of the referring provider pertaining to such patient clearly
sets forth the justification for such referral;

(b) Every provider practicing in a shared health facility who treats a
patient referred to him by another provider practicing in the same
facility shall communicate in writing to the referring provider the
diagnostic evaluation and the therapy rendered. The referring provider
shall incorporate such information into the patient's permanent record;

(c) The invoice submitted to the program by the provider to whom such
patient has been referred shall (i) contain the actual signature and
provider number of the referring provider and (ii) identify the medical
problem which necessitated the referral;

6. Any pharmacy maintaining a business in or adjacent to the building
in which a shared health facility is located shall prominently post a
notice informing patients that all pharmaceuticals prescribed in the
program may be obtained at any pharmacy of the patient's choice enrolled
in the program;

7. No purveyor who maintains a business in the building in which a
shared health facility is located shall maintain a door or window
opening into the offices or waiting room of the facility, except where
the profession of the provider permits the provider to function
simultaneously as a purveyor;

8. All provider invoices submitted for services rendered at a shared
health facility shall: (a) contain the registration code of the facility
at which the service was performed, (b) clearly identify the
practitioner who provided the service, and (c) be signed by the provider
only after the service has been performed;

9. All orders issued by providers for ancillary clinical services,
including but not limited to, x-rays, electrocardiograms, clinical
laboratory services, electroencephalograms, as well as orders for
medical supplies and equipment, shall contain the code number assigned
to the facility at which the order was written; and

10. Each provider or purveyor shall submit a true bill or invoice for
services rendered in the program.