N.Y. Public Health Law § 206-a: Discrimination in hospital staff appointments and privileges prohibited

§ 206-a. Discrimination in hospital staff appointments and privileges

prohibited. 1. It shall be an unlawful discriminatory practice for the

governing body of a hospital

a. To deny to or to withhold from a physician, dentist or podiatrist

staff membership or professional privileges in a hospital because of his

participation in any medical group practice, non-profit health insurance

plan, or comprehensive health services plan offered by a health

maintenance organization authorized by the laws of the state; or

b. To exclude or to expel a physician, dentist or podiatrist from

staff membership or to curtail, terminate or diminish in any way a

physician's, dentist's or podiatrist's professional privileges in a

hospital because of his participation in any medical group practice,

non-profit health insurance plan, or comprehensive health services plan

offered by a health maintenance organization authorized by the laws of

the state.

2. Any person claiming to be aggrieved by an unlawful discriminatory

practice defined by this section may, by himself or his attorney, make,

sign and file with the commissioner a verified complaint in writing

which shall state the name and address of the hospital whose governing

body is alleged to have committed the unlawful discriminatory practice

complained of and which shall set forth the particulars thereof and

contain such other information as may be required by the commissioner.

3. After the filing of any such complaint, the commissioner shall

designate a deputy commissioner or other officer of the department to

make a prompt investigation in connection therewith; and if such

designee shall determine after investigation that probable cause exists

for crediting the allegations of the complaint, he shall immediately

endeavor to eliminate the unlawful discriminatory practice by

conference, conciliation and persuasion.

4. In case of a failure so to eliminate such practice, or in advance

thereof as in his judgment circumstances so warrant, the commissioner

shall cause to be issued a written notice together with a copy of the

complaint, as the same may have been amended, requiring each member of

the governing body of the hospital in question (or such member or

members thereof as in his judgment are warranted), hereinafter sometimes

referred to as respondent, to answer charges of such complaint at a

hearing before him (or before a deputy commissioner or other officer of

the department other than the designee who investigated the complaint),

hereinafter referred to as hearing officer, at a time and place to be

specified in such notice.

5. The respondent may file a written verified answer to the complaint

and appear at such hearing in person or otherwise with or without

counsel and submit testimony.

6. If, upon all the evidence at the hearing, the hearing officer shall

find that a respondent has engaged in any unlawful discriminatory

practice defined in this section, the hearing officer shall state his

findings of fact and the commissioner shall issue and cause to be served

on such respondent an order requiring such respondent to cease and

desist from such unlawful discriminatory practice.

7. If, upon all the evidence at the hearing, the hearing officer shall

find that a respondent has not engaged in any unlawful discriminatory

practice defined in this section, the hearing officer shall state his

findings of fact and the commissioner shall issue and cause to be served

on the complainant an order dismissing the said complaint as to such

respondent.

8. The commissioner shall establish rules of practice to govern,

expedite and effectuate the foregoing procedure and the actions to be

taken thereunder.

9. Any complaint filed pursuant to this section must be so filed

within ninety days after the alleged act of discrimination.

10. Any complainant, respondent or other person aggrieved by such

order of the commissioner may obtain judicial review thereof, and the

commissioner may obtain an order of court for its enforcement, in a

proceeding as provided in this subdivision. Such proceeding shall be

brought in the supreme court of the state within any county wherein the

unlawful discriminatory practice which is the subject of the

commissioner's order occurs or wherein any person required in the order

to cease and desist from a unlawful discriminatory practice resides or

transacts business. The findings of the hearing officer as to the facts

shall be conclusive if supported by substantial evidence on the record

considered as a whole. All such proceedings shall be heard and

determined by the court and any appellate court as expeditiously as

possible and with lawful precedence over other matters.

11. The following words, as used in this section, shall have the

following meanings unless the context otherwise requires:

a. "Governing body" means the group or the individual ultimately

responsible for a hospital's general policies with respect to staff

membership and professional privileges and shall include, but not

limited to, a board of trustees, a board of directors, a board of

governors, a board of managers, a medical board, a director or any other

official of a hospital with comparable responsibilities.

b. "Hospital" means an institution for the care and treatment of the

sick and injured, equipped with the technical facilities, medical,

nursing and other professional and technical personnel necessary for

diagnosis and treatment of persons suffering from sickness or injury

which requires bed care.

c. "Medical group practice" means the practice of medicine by

physicians as partners or in groups with fees and moneys received for

professional services furnished by any individual physician, member or

employee of such partnership or group pooled and redistributed in

accordance with a partnership or other agreement.

d. "Non-profit health insurance" means insurance issued by a

non-profit medical expense indemnity corporation in accordance with

article forty-three of the insurance law.

e. "Health maintenance organization" means such organization as

defined in article forty-four of this chapter.

f. "Comprehensive health services plan" means such plan as defined in

article forty-four of this chapter.