N.Y. Comp. Codes R. & Regs. Tit. 10 § 83-2.1 - Definitions
The following terms shall have the following meanings for purposes of this Subpart:
(a)
Attorney General means the Attorney General of the State of
New York.
(b)
Certificate
of public advantage or certificate means a
certificate issued by the department pursuant to this Subpart signifying the
approval of a cooperative agreement or of a planning process.
(c)
Cooperative agreement
means an executed agreement among a health care provider and one or
more persons or entities, including other health care providers, governing any
of the following:
(1) the sharing,
allocation, or referral of patients, personnel, instructional programs,
information technology resources, support services and facilities, or medical,
diagnostic, or laboratory facilities or equipment, or procedures or other
services traditionally offered by health care providers or health care-related
entities, including but not limited to, the implementation of clinical
integration programs and payment mechanisms that involve the sharing of data
and resources to develop, implement, and monitor the effectiveness of, and
adherence to, performance standards, clinical protocols and evidence-based
practices; or
(2) a merger,
consolidation, purchase of stock or assets, partnership, joint venture, or any
other transaction or affiliation by which ownership or control over all or
substantially all of the stock, assets, or activities of one or more health
care providers, or health care-related entities, is transferred to another
entity who controls a health care provider or health care-related entity.
Cooperative agreement shall not include any agreement that
would permit a health care provider to act in a manner which would be otherwise
prohibited by law, except as authorized pursuant to article 29-F of the Public
Health Law.
(d)
Federal or State antitrust laws means any and all Federal or
State laws prohibiting monopolies or agreements in restraint of trade,
including the Federal Sherman Act, Clayton Act, Federal Trade Commission Act
and laws set forth in article 22 of the New York General Business Law,
including amendments thereto.
(e)
Health care provider shall include, but not be limited to, a
facility, agency or program licensed or certified pursuant to article 28, 36,
or 40 of the Public Health Law; a health care professional licensed pursuant to
title 8 of the Education Law or a lawful combination of such health care
professionals; or an entity licensed, certified or funded pursuant to article
16, 31, 32 or 41 of the Mental Hygiene Law.
(f)
Mental hygiene agency
means one of the autonomous offices of the State Department of Mental
Hygiene established under section 5.01 of the Mental Hygiene Law.
(g)
Person means any
individual, firm, partnership, corporation, association, public or private
institution, political subdivision, or government agency.
(h)
Planning process means a
process, including a process convened and overseen by a planning entity
approved by the department, intended to plan for and result in a cooperative
agreement.
(i)
Primary
service area means the lowest number of postal zip codes from which
the party draws at least 75 percent of its patients for each service or group
of services provided.
Notes
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