Legal Opinion
Formal Opinion No.
New York Attorney General Reports
Decided December 31, 1987Published
1Opinion of the Court
David Axelrod, M.D. Commissioner New York State Department of Health
Your counsel has requested our opinion as to whether the Department of Health can interpret and enforce those provisions of the General Business Law which proscribe kickbacks and other exchanges of consideration by clinical laboratories and health service providers.
Article 38 of the General Business Law (GBL, §§ 801-803) was enacted in 1976, and seeks to "clarify and strengthen existing laws[*] and regulations prohibiting `kickback' and `fee-splitting' schemes between health practitioners and clinical laboratories" (Budget…
2Cases cited8 opinions
- Barton Trucking Corp. v. O'ConnellNew York Court of Appeals · 1959
- Cortlandt Nursing Care Center v. WhalenNew York Court of Appeals · 1979
- City of Rome v. New York State Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1978
- American Ass'n of Bioanalysts v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1985
- Howell v. BensonAppellate Division of the Supreme Court of the State of New York · 1982
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