N.Y. County Law § 390: Admission of county patients

§ 390. Admission of county patients. 1. Any person in the county in

which the hospital is situated desiring treatment in such hospital, may

apply in person to the superintendent or to any reputable physician for

examination, and such physician, if he finds that said person is

suffering from tuberculosis in any form, may apply to the superintendent

of the hospital for his admission. Blank forms for such applications

shall be provided by the hospital, and shall be forwarded by the

superintendent thereof gratuitously to any reputable physician in the

county, upon request. So far as practicable applications for admission

to the hospital shall be made upon such forms. The superintendent of the

hospital, upon the receipt of such application, if it appears therefrom

that the patient is suffering from tuberculosis, and if there be a

vacancy in the said hospital, shall notify the person named in such

application to appear in person at the hospital. If, upon examination of

such patient, or of any patient applying in person for admission, the

superintendent is satisfied that such person is suffering from

tuberculosis, he shall admit him to the hospital as a patient. All such

applications shall be filed and recorded in a book kept for that purpose

in the order of their receipt. When said hospital is completed and ready

for the treatment of patients, or whenever thereafter there are

vacancies therein, admissions to said hospital shall be made in the

order in which the names of applicants shall appear upon the application

book to be kept as above provided, in so far as such applicants are

certified to by the superintendent to be suffering from tuberculosis. No

discrimination shall be made in the accommodation, care or treatment of

any patient because of the fact that the patient or his relatives

contribute to the cost of his care and treatment in whole or in part,

and no patient shall be permitted to pay for his care and treatment in

such hospital a greater sum than the average per diem per capita cost of

care and treatment therein and no officer or employee of such hospital

shall accept from any clinic or hospital patient any fee, payment or

gratuity whatsoever for his services.

2. Whenever a patient admitted to said hospital has local residence,

as defined in the public health law, in the county in which the hospital

is situated, he shall be a charge upon such county. If such patient

admitted to said hospital has local residence in some other county or in

the city of New York, he shall be a charge upon such other county or the

city of New York, as the case may be, and the superintendent shall send

a bill for such charge to the clerk of the board of supervisors of such

other county or to the comptroller of the city of New York. Such charge

shall be at a rate to be fixed by the board of managers, which shall not

exceed the per diem per capita cost of care and treatment in said

hospital, and if the county operating said hospital is currently

receiving state aid for the care and treatment of tuberculosis patients

pursuant to the public health law, such charge may be an amount for each

day of such patient's care equivalent to the balance of the total per

diem per capita cost of operating such hospital during the preceding

fiscal year, as computed and approved by the state commissioner of

health pursuant to subdivision three of section fifty-four of the public

health law. Such bill shall be audited and paid by the board of

supervisors of said county, except that a bill so submitted to the city

of New York shall be paid by such city after audit and upon warrant of

the comptroller of such city. Any patient admitted to said hospital may

pay for his care and treatment in whole or in part if he volunteers to

do so.