N.Y. Public Health Law § 2202: Tuberculosis; care and treatment

§ 2202. Tuberculosis; care and treatment. 1. (a) Notwithstanding any

inconsistent provision of this chapter or of any other general, special

or local law or city charter, when a person suffering from tuberculosis

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

therefor from a hospital, as defined in article twenty-eight of this

chapter, or a certified home health agency which provides such care and

treatment, the county or the city of New York, as the case may be, in

which such person resides or is found shall provide or secure such care

and treatment.

(b) The legislative body of each county and the corresponding

authority of the city of New York shall designate the commissioner of

health of any county or part-county health district or the city of New

York or, in a county lacking a county or part-county health district,

the county health director, or appropriate health officer, as the case

may be, to be responsible for providing or securing such care and

treatment.

(c) The cost to the hospital or other provider as established in

accordance with the provisions of section twenty-eight hundred seven of

this chapter relating to rates of payment of such care and treatment

shall be a charge against the county or the city of New York, as the

case may be, in which such person has local residence, except that third

party coverage or indemnification shall first be applied against the

total cost to the hospital or other provider as established in

accordance with the provisions of section twenty-eight hundred seven of

this chapter relating to rates of payment of the individual's care and

treatment as hereinafter provided.

(d) The care and treatment of state charges, as defined in this

article, shall be subject to the rules of the commissioner who may

designate any local public official to act for him in emergency cases

involving such state charges.

(e) Diagnoses, tests, studies or analyses for the discovery of

tuberculosis and care and treatment by a hospital, as defined in article

twenty-eight of this chapter, or by a certified home health agency which

are provided by the state or by any county or city shall be available

without cost or charge to the persons receiving such examinations, care

or treatment, except that the third party coverage or indemnification

shall first be applied against the total cost to the hospital or other

provider as established in accordance with the provisions of section

twenty-eight hundred seven of this chapter relating to rates of payment

of the individual's care and treatment as hereinafter provided.

2. Any person who volunteers to assume and pay for the cost of such

hospital care and treatment or for the cost of such diagnosis, test,

study or analysis shall be permitted to do so; but no state, county,

city or other public official shall request or require payment or make,

or cause to be made, any inquiry or investigation for the purpose of

determining the ability of a person or of his legally responsible

relatives to pay for diagnoses, tests, studies or analyses for the

discovery of tuberculosis or for care and treatment provided by a

hospital, as defined by article twenty-eight of this chapter, or by a

certified home health agency except to determine if there is third party

coverage or indemnification to pay or indemnify all or part of such cost

to the hospital or other provider as established in accordance with the

provisions of section twenty-eight hundred seven of this chapter

relating to rates of payment.

3. Determinations and orders concerning liability to pay for care and

treatment and the provision of care and treatment to persons suffering

from tuberculosis or suspected of having tuberculosis by the state or by

any county or city shall be in accordance with the rules and regulations

of the commissioner and expenses incurred therefor shall be eligible for

state aid reimbursement pursuant to the provisions of title two of

article six of this chapter after applying against the total cost to the

hospital or other provider as established in accordance with the

provisions of section twenty-eight hundred seven of this chapter

relating to rates of payment of the individual's treatment the amounts

received from or payable by medicare, workers' compensation, medical

assistance in accordance with the social services law, or other third

party payers and indemnitors and less any payments made or assignable

under any federal law or laws heretofore enacted, provided, however,

that expenses incurred for inpatient hospital care shall be eligible for

reimbursement for a period not to exceed six weeks for any individual

patient during any calendar year, unless approved as necessary by the

commissioner for a longer period of time.

4. If upon a review of a claim submitted for the purposes of state aid

reimbursement, the county, or the part county health district, or the

city of New York, or the state determine that the person was in fact

eligible for third party coverage or indemnification at the time care

and treatment was provided and the hospital or certified home health

agency failed to make a good faith effort to determine third party

coverage or indemnification, the hospital or the certified home health

agency shall not receive state aid reimbursement for that claim from the

county or the city of New York. The commissioner shall promulgate rules

and regulations requiring recoupment or repayment from the hospital or

the certified home health agency if the hospital or the certified home

health agency has already received state aid reimbursement from the

county or the city of New York.