(c) A provider of medical or health services that does not come within subdivision (a) or (b) of this section shall be reviewed by the Commissioner of Health to determine whether medical or health services are being provided by practitioners of medicine engaged in private practice or by facility within article 28 of the Public Health Law. The following criteria shall be used in conducting such reviews:

1. (1) Patient contact. Patient contact is made directly with the facility rather than the individual physician; or referral is made to the facility by the physician; or provision is made for services by the physician, not in his offices but at another location.
2. (2) Admission. The decisions as to admissions are made by the facility rather than by the individual practitioner, or by referral agreement or by arrangements with physicians.
3. (3) Choice of physician. When the physician is not chosen by the patient, the physician is assigned by the facility, or the patient is given a choice among several practitioners associated with or employed by the facility.

4. (4) Care of patients. Care that is provided patients is the responsibility of the facility and is provided under the following conditions, among others:

   1. (i) the facility, rather than the physician assumes responsibility for all services rendered within the facility;
   2. (ii) central services, including but not limited to laboratory, pharmacy, X-ray and narcotics are available with no free choice of the provider of such services by the patient;
   3. (iii) the facility insures adherence to standards;
   4. (iv) the facility is organized into departments or has a multi-disciplined approach;
   5. (v) the facility supplies ancillary services; or
   6. (vi) the responsibility of the facility terminates on discharge of the patient, as distinguished from the continuing responsibility of the physician; follow-up care is not provided by or at the facility.

5. (5) Organization and management.

   1. (i) Bills and charges are determined by the facility;
   2. (ii) medical charts and patient records are maintained by the faculty;
   3. (iii) patient care space is provided by the facility;
   4. (iv) income distribution is determined by the facility;
   5. (v) employees are selected as supervised by the facility;
   6. (vi) vital records such as fetal death certificates, etc. are maintained by the facility;
   7. (vii) bills are payable to the facility, rather than to the individual practitioner;
   8. (viii) the scope of the services to be provided is determined by the facility, subject to regulatory limitations;
   9. (ix) the structure is so physically extensive that it exceeds the usual space requirements of the private medical practitioner;
   10. (x) the departmental organization is large enough to require delegation of authority to nonmedical personnel;
   11. (xi) there is employment of other health professions such as registered nurse, physical therapist, pharmacist; or
   12. (xii) the patient registry is more extensive than that found in the usual individual practice. Many more persons are processed than are ordinarily diagnosed or treated by physicians in the private practice of medicine.