§ 177.00 Definitions.

The following definitions are applicable to this article:

1. "Health plan" means any publicly or privately funded health
insurance or managed care plan or contract, under which any health care
item or service is provided, and through which payment may be made to
the person who provided the health care item or service. The state's
medical assistance program (Medicaid) shall be considered a single
health plan. For purposes of this article, a payment made pursuant to
the state's managed care program as defined in paragraph (c) of
subdivision one of section three hundred sixty-four-j of the social
services law shall be deemed a payment by the state's medical assistance
program (Medicaid).

2. "Person" means any individual or entity, other than a recipient of
a health care item or service under a health plan unless such recipient
acts as an accessory to such an individual or entity.