Department of Health Opinion Letters

Department of Health Opinion Letters

The PDF files below are provided to the Health Law Section of the New York State Bar Association by the Department of Health of the State of New York. 

02/07/07 - Authorization to Disclose Patient Information

10/20/06 - Access to Patient Information

07/24/06 - Disposition of Remains

03/21/06 - Billing for Services Performed in Physicians Offices

11/03/05 - Hiring Relatives

12/07/04 - Ancillary Services in State Stark Law

07/02/04 - Cover Letter Re: Advisory Opinions

06/17/04 - Physician Referral Laws (Generally)

05/04/04 - Medical Records Release

03/19/04 - Laboratory Retention of Specimens

01/28/04 - Ancillary Services in State Stark Law

01/22/04 - Corporate Practice of Medicine

10/14/03 - Physician Practices with Third Party Payors

10/08/03 - New Operators for Purposes of Nursing Home Rate Rebasing

09/02/03 - Quarantine Powers of Local Health Officers and Local Boards of Health

07/23/03 - Classification of Human Chorionic Gonadotrophin

07/23/03 - Laboratory Use of Contractor

07/23/03 - Fee Arrangements Between a Physicial and Midwife

11/19/99 - State Stark (MRIs)

07/28/99 - State Stark

4/26/99 - State Stark – Lease Between Referral “Partners”

04/29/98 - State Stark (Physician Office Lab and Risk Contract for courtesy services

12/22/97 - HMO (Subcontracting of Risk)

12/18/97 - State Stark (X-Rays)

12/12/97 - Fee Splitting – MSO Fees

08/29/97 - IME

08/26/97 - Employment of Laboratory Directors

04/17/97 - Fee Splitting – (No Percentage Fee for Billing Companies or Otherwise)

08/07/96 - Lithotripsy – CON/Anti-Kickback and Corporate Practice

06/06/96 - PPO/IPA

04/19/96 - State Stark – MRIs

03/21/96 - HMO Contracting Issues

02/13/96 - HMO (Subcontracting of Risk)

02/05/96 - State Stark

02/01/96 - Out of State HMO Contracting with In-State MDs

11/21/95 - State Stark – Shared Services

10/25/95 - PHO/PPO Licensing Issues

09/25/95 - IME

08/14/95 - MD/Chiropractor Relationship

06/19/95 - Employment of Laboratory Directors

05/02/95 - Corporate Practice/Art 28/State Stark – MSO

04/04/95 - (State Stark) Shared Laboratories

03/03/95 - State Stark (Multi-Specialty Group)

03/03/95 - State Stark – Group Practice

03/03/95 - State Stark – In-Office Ancillary

01/18/95 - State Stark

10/25/94 - IME for Insurance Companies

07/11/94 - IME

06/13/94 - Fee Splitting – Administrative Services

03/22/94 - Fee Splitting

01/05/94 - Fee Splitting (MD and Chiropractor)

05/20/93 - MD/PT Relationship

01/22/93 - Fee Splitting (Unit Fees)

09/03/92 - Fee Splitting – Ultrasound

05/07/92 - Percentage Fee for Billing Sometimes Okay

03/27/89 - Fee Splitting (Physician Ownership of Entities to which they Refer Limits on PC Activities)

10/25/88 - PHL 4501 (For-Profit Medical Referral Service Prohibited