N.Y. Public Health Law § 2200: Tuberculosis; definitions and explanation of terms

§ 2200. Tuberculosis; definitions and explanation of terms. 1. (a)

State residence. Under the conditions hereinafter specified, any person

who has resided in the state of New York continuously for at least one

year immediately preceding the date of admission to a hospital for the

care and treatment of tuberculosis shall be deemed to have state

residence.

(b) State residence so acquired shall continue until such person shall

have removed from the state and remained therefrom for one year;

provided, however, that no person shall lose state residence by absence

from the state while serving in the armed forces of the United States or

in the United States merchant marine, or while attached to and serving

with the armed forces of the United States and, provided, further, that

no member of the family of any such person shall lose state residence by

absence from the state while living with or near such person during the

period of such service and on account thereof.

2. Local residence. Under the conditions hereinafter specified, any

person with state residence as herein defined who has also resided

within a county of the state or in the city of New York continuously for

at least six months preceding the date of admission to a hospital for

the care and treatment of tuberculosis shall be deemed to have local

residence in such county or in the city of New York, as the case may be.

3. Qualification on residence. The continuous residence required to

acquire either state residence or local residence shall not include any

period during which the person was (a) a patient in a hospital, or (b)

an incarcerated individual of any public institution, incorporated

private institution, or private tuberculosis home, cottage or hospital,

or (c) residing on any military reservation. If, however, the periods of

residence immediately prior and subsequent to the periods specified in

(a), (b), or (c) shall together equal the required period of residence,

such person shall be deemed to have the required continuous residence.

4. State charge. State charge shall mean any person suffering from

tuberculosis or suspected of having tuberculosis and in need of

tuberculosis hospital care and treatment therefor who is:

(a) without state residence;

(b) with state residence but without local residence;

(c) an Indian or member of his family residing upon any Indian

reservation in the state.

5. Local charge. Local charge shall mean any person suffering from

tuberculosis or suspected of having tuberculosis and in need of

tuberculosis hospital care and treatment therefor who has acquired local

residence, as defined in this article.