N.Y. Comp. Codes R. & Regs. tit. 18 § 502.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 502.2 - Definitions

(a) Agent means any person who has been delegated the authority to obligate or act on behalf of a provider.

(b) Convicted means that a plea of guilty or verdict of guilty has been entered in a Federal, State or local court, regardless of whether an appeal from that judgment is pending or whether a certificate of relief from civil disability has been granted.

(c) Disclosing entity means a Medicaid provider (other than an individual practitioner or group of practitioners), or a fiscal agent.

(d) Other disclosing entity means any other Medicaid disclosing entity and any entity that does not participate in Medicaid, but is required to disclose certain ownership and control information because of participation in any of the programs established under title V, XVIII, or XX of the Federal Social Security Act. This includes:

(1) any hospital, skilled nursing facility, home health agency, independent clinical laboratory, renal disease facility, rural health clinic, or health maintenance organization that participates in Medicare;

(2) any Medicare intermediary or carrier;

(3) any entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, health-related services for which it claims payment under any plan or program established under title V or title XX of the Federal Social Security Act.

(e) Fiscal agent means a contractor that processes or pays vendor claims on behalf of the department.

(f) Group of practitioners means two or more health care practitioners who practice their profession at a common location (whether or not they share common facilities, common supporting staff, or common equipment).

(g) Indirect ownership interest means an ownership interest in an entity that has an ownership interest in the disclosing entity. This term includes a ownership interest in any entity that has an indirect ownership interest in the disclosing entity.

(h) Managing employee means a general manager, business manager, administrator, director or other individual who exercises operational or managerial control over or who directly or indirectly conducts the day-to-day operation of an institution, organization, or agency and includes, but is not limited to, laboratory directors and supervising pharmacists.

(i) Ownership interest means the possession of equity in the capital, the stock or the profits of the disclosing entity.

(j) Person with an ownership or control interest means a person or corporation that:

(1) has an ownership interest totaling five percent or more in a disclosing entity;

(2) has an indirect ownership interest equal to five percent or more in a disclosing entity;

(3) has a combination of direct and indirect ownership interests equal to five percent or more in a disclosing entity;

(4) owns an interest of five percent or more in any mortgage, deed of trust, note, or other obligation secured by the disclosing entity if that interest equals at least five percent of the value of the property or assets of the disclosing entity;

(5) is an officer or director of a disclosing entity that is organized as a corporation; or

(6) is a partner in a disclosing entity that is organized as a partnership.

(k) Significant business transaction means any business transaction or series of transactions that, during any one fiscal year, exceed the lesser of $25,000 and five percent of a provider's total operating expenses.

(l) Subcontractor means:

(1) an individual, agency, or organization to which a disclosing entity has contracted or delegated some of its management functions or responsibilities of providing medical care to its patients; or

(2) an individual, agency or organization with which a fiscal agent has entered into a contract, agreement, purchase order or lease (or leases of real property) to obtain space, supplies, equipment or services provided under Medicaid.

(m) Supplier means an individual, agency or organization from which a provider purchases goods and services used in carrying out its responsibilities under Medicaid (e.g., a commercial laundry, a manufacturer of hospital beds, or a pharmaceutical firm).

(n) Wholly owned supplier means a supplier whose total ownership interest is held by a provider or by a person, persons or other entity with an ownership or control interest in a provider.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 502.2