N.Y. County Law § 391: Admission of out of county patients

§ 391. Admission of out of county patients. 1. Exclusive of the city

of New York, and exclusive of counties served by state tuberculosis

hospitals, any person in a county not having a county hospital for the

care and treatment of persons suffering from tuberculosis may apply in

person to the clerk of the board of supervisors of such county or to the

state commissioner of health for admission to a tuberculosis hospital,

providing that such person submit with such application a statement

signed by a reputable physician that such physician has, within the ten

days preceding the date of such application, examined such person and

that, in his opinion, such person is suffering from tuberculosis or is

suspected of having tuberculosis and is in need of care and treatment

therefor. Upon receipt of such application, the clerk of the board of

supervisors or the state commissioner of health, as the case may be,

shall forward the same to the superintendent of any state, county or

city hospital for the care and treatment of tuberculosis.

2. Whenever the superintendent of such a hospital shall receive an

application for the admission of a patient in accordance with the

provisions of subdivision one of this section, if it appear from such

application that the person therein referred to is suffering from

tuberculosis or is suspected of having tuberculosis and is in need of

care and treatment therefor, the superintendent shall notify said person

to appear in person at the hospital, provided there be a vacancy in such

hospital and there be no pending application from a patient living in

the county in which the hospital is located. If, upon personal

examination of the patient, the superintendent is satisfied that such

patient is in need of care and treatment for tuberculosis, he shall

admit him to the hospital. Every patient so admitted shall be a charge

against the county in which he was living immediately prior to such

admission. 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

maintenance therein and any cost of transportation to or from the

hospital, except that 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 shall 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; and the bill therefor shall be audited and paid by the board

of supervisors of the said county. However, if such patient has local

residence, as defined in the public health law, in some county other

than the one in which he was living immediately prior to such admission

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 in this event any

amounts for the cost of such care and treatment which shall have been

paid by the county from which he was admitted shall be charged back and

reimbursed to such county by the aforesaid other county or the city of

New York in which the patient has local residence. Any patient admitted

to a hospital in accordance with the provisions of subdivision one of

this section may pay for his care and treatment in whole or in part if

he volunteers to do so.