N.Y. Public Health Law § 2582: Children with physical disabilities; duty of the department

§ 2582. Children with physical disabilities; duty of the department.

1. The department shall on its own initiative provide, within the limits

of the appropriations made therefor, such medical service for children

with physical disabilities as in the judgment of the commissioner is

needed.

2. The commissioner of health of any county or part-county health

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

district, the medical director of the program for children with physical

disabilities, or the department of health of the city of New York, may

issue authorizations for medical service for children with physical

disabilities, and the expenses thereof, when approved by such health

commissioner, department of health or medical director and duly audited,

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

be the case, wherein the children are domiciled at the time application

is made for such medical service.

3. Such health commissioner, department of health or county medical

director may determine and order that the person or persons charged with

the liability under the laws to support such child shall pay a part or

all of such expenses. A parent or other person who is ordered to

contribute to the cost of medical service authorized by this section may

petition the family court , pursuant to section two hundred thirty-two

of the family court act, for review of the order. Whenever a parent or

other person who is ordered to contribute to the cost of medical service

authorized by this section fails to make such contribution, the health

commissioner, department of health or medical director may apply to the

family court, pursuant to section two hundred thirty-two of the family

court act, for an order compelling such contribution. The amount

authorized to be paid for medical service shall be in full payment

thereof and shall be accepted by the person or corporation furnishing

such service in full payment thereof when any payment is made under such

authorization by the county or by the city of New York, and no such

person or corporation shall ask or receive directly or indirectly any

other or additional compensation.

4. When the commissioner of health of any county or part-county health

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

district, the medical director of the program for children with physical

disabilities, or the department of health of the city of New York, shall

issue authorizations for medical service for children with physical

disabilities, the commissioner, if he approves such authorizations,

shall certify to such effect, copies of which certification shall be

filed with the clerk of the board of supervisors or other governing

elective body of the county or chief fiscal officer of the city of New

York and with the commissioner.

5. The medical service provided for in any authorization issued

pursuant to subdivision two may be furnished and completed even though

the person for whom such service is to be provided under such

authorization shall have thereafter attained the age of twenty-one

years; provided, however, that no such authorization shall provide for

treatment beyond eighteen months from the date thereof.

6. The circumstance that a child is not eligible for medical

assistance pursuant to the provisions of title eleven of article five of

the social services law shall not be a bar to the furnishing and

completion of the medical assistance for children with physical

disabilities authorized by this title.