N.Y. Public Health Law § 2801: Definitions

§ 2801. Definitions. The following words or phrases, as used in this

article, shall have the following meanings, unless the context otherwise

requires:

* 1. "Hospital" means a facility or institution engaged principally in

providing services by or under the supervision of a physician or, in the

case of a dental clinic or dental dispensary, of a dentist, or, in the

case of a midwifery birth center, of a midwife, for the prevention,

diagnosis or treatment of human disease, pain, injury, deformity or

physical condition, including, but not limited to, a general hospital,

public health center, diagnostic center, treatment center, a rural

emergency hospital under 42 USC 1395x(kkk), or successor provisions,

dental clinic, dental dispensary, rehabilitation center other than a

facility used solely for vocational rehabilitation, nursing home,

tuberculosis hospital, chronic disease hospital, maternity hospital,

midwifery birth center, lying-in-asylum, out-patient department,

out-patient lodge, dispensary and a laboratory or central service

facility serving one or more such institutions, but the term hospital

shall not include an institution, sanitarium or other facility engaged

principally in providing services for the prevention, diagnosis or

treatment of mental disability and which is subject to the powers of

visitation, examination, inspection and investigation of the department

of mental hygiene except for those distinct parts of such a facility

which provide hospital service. The provisions of this article shall not

apply to a facility or institution engaged principally in providing

services by or under the supervision of the bona fide members and

adherents of a recognized religious organization whose teachings include

reliance on spiritual means through prayer alone for healing in the

practice of the religion of such organization and where services are

provided in accordance with those teachings. No provision of this

article or any other provision of law shall be construed to: (a) limit

the volume of mental health, substance use disorder services or

developmental disability services that can be provided by a provider of

primary care services licensed under this article and authorized to

provide integrated services in accordance with regulations issued by the

commissioner in consultation with the commissioner of the office of

mental health, the commissioner of the office of alcoholism and

substance abuse services and the commissioner of the office for people

with developmental disabilities, including regulations issued pursuant

to subdivision seven of section three hundred sixty-five-l of the social

services law or part L of chapter fifty-six of the laws of two thousand

twelve; (b) require a provider licensed pursuant to article thirty-one

of the mental hygiene law or certified pursuant to article sixteen or

article thirty-two of the mental hygiene law to obtain an operating

certificate from the department if such provider has been authorized to

provide integrated services in accordance with regulations issued by the

commissioner in consultation with the commissioner of the office of

mental health, the commissioner of the office of alcoholism and

substance abuse services and the commissioner of the office for people

with developmental disabilities, including regulations issued pursuant

to subdivision seven of section three hundred sixty-five-l of the social

services law or part L of chapter fifty-six of the laws of two thousand

twelve.

* NB Effective until the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

* 1. "Hospital" means a facility or institution engaged principally in

providing services by or under the supervision of a physician or, in the

case of a dental clinic or dental dispensary, of a dentist, or, in the

case of a midwifery birth center, of a midwife, for the prevention,

diagnosis or treatment of human disease, pain, injury, deformity or

physical condition, including, but not limited to, a general hospital,

public health center, diagnostic center, treatment center, a rural

emergency hospital under 42 USC 1395x(kkk), or successor provisions,

dental clinic, dental dispensary, rehabilitation center other than a

facility used solely for vocational rehabilitation, nursing home,

tuberculosis hospital, chronic disease hospital, maternity hospital,

midwifery birth center, lying-in-asylum, out-patient department,

out-patient lodge, dispensary and a laboratory or central service

facility serving one or more such institutions, but the term hospital

shall not include an institution, sanitarium or other facility engaged

principally in providing services for the prevention, diagnosis or

treatment of mental disability and which is subject to the powers of

visitation, examination, inspection and investigation of the department

of mental hygiene except for those distinct parts of such a facility

which provide hospital service. The provisions of this article shall not

apply to a facility or institution engaged principally in providing

services by or under the supervision of the bona fide members and

adherents of a recognized religious organization whose teachings include

reliance on spiritual means through prayer alone for healing in the

practice of the religion of such organization and where services are

provided in accordance with those teachings. No provision of this

article shall be construed to limit the volume of primary care services

that can be provided by a program licensed to provide integrated

behavioral health services, as defined in section 36.08 of the mental

hygiene law. No provision of this article or any other provision of law

shall be construed to: (a) limit the volume of mental health, substance

use disorder services or developmental disability services that can be

provided by a provider of primary care services licensed under this

article and authorized to provide integrated services in accordance with

regulations issued by the commissioner in consultation with the

commissioner of the office of mental health, the commissioner of the

office of addiction services and supports and the commissioner of the

office for people with developmental disabilities, including regulations

issued pursuant to subdivision seven of section three hundred

sixty-five-l of the social services law or part L of chapter fifty-six

of the laws of two thousand twelve; (b) require a provider licensed

pursuant to article thirty-one of the mental hygiene law or certified

pursuant to article sixteen or article thirty-two of the mental hygiene

law to obtain an operating certificate from the department if such

provider has been authorized to provide integrated services in

accordance with regulations issued by the commissioner in consultation

with the commissioner of the office of mental health, the commissioner

of the office of addiction services and supports and the commissioner of

the office for people with developmental disabilities, including

regulations issued pursuant to subdivision seven of section three

hundred sixty-five-l of the social services law or part L of chapter

fifty-six of the laws of two thousand twelve; or (c) require a provider

licensed under section 36.08 of the mental hygiene law to obtain a

license from the department.

* NB Effective on the date that the rates of reimbursement for

integrated behavioral health services are approved and certified by

parties set forth in chapter 60 of 2026 § 8

2. "Nursing home" means a facility providing therein nursing care to

sick, invalid, infirm, disabled or convalescent persons in addition to

lodging and board or health-related service, or any combination of the

foregoing, and in addition thereto, providing nursing care and

health-related service, or either of them, to persons who are not

occupants of the facility.

3. "Residential health care facility" means a nursing home or a

facility providing health-related service.

4. (a) "Hospital service" means the preadmission, out-patient,

in-patient and post discharge care provided in or by a hospital, and

such other items or services as are necessary for such care, which are

provided by or under the supervision of a physician for the purpose of

prevention, diagnosis or treatment of human disease, pain, injury,

disability, deformity or physical condition, including, but not limited

to, nursing service, home-care nursing and other paramedical service,

ambulance service, service provided by an intern or resident in

training, laboratory service, medical social service, drugs,

biologicals, supplies, appliances, equipment, bed and board.

(b) "Health-related service" means service in a facility or facilities

which provide or offer lodging, board and physical care including, but

not limited to, the recording of health information, dietary supervision

and supervised hygienic services incident to such service.

5. "Construction" means the erection, building, or substantial

acquisition, alteration, reconstruction, improvement, extension or

modification of a hospital, including its equipment; the inspection and

supervision thereof; and the studies, surveys, designs, plans, working

drawings, specifications, procedures and other actions necessary

thereto.

6. "Council" and "public health council" mean the public health and

health planning council.

7. "Government agency" means a department, board, bureau, division,

office, agency, public benefit or other corporation, or any other unit,

however described, of the state or a political subdivision thereof.

8. "Caretaker" means a person appointed pursuant to the provisions of

section twenty-eight hundred six-b of this article, to act as a

fiduciary responsible to the court which appoints him for the conserving

and preserving of the rights and property of the operator of a

residential health care facility, while also preserving and providing

for the rights of the patients in such facility to care appropriate to

their needs in a clean and wholesome environment in accordance with

applicable federal and state laws and regulations.

9. "Out-patient lodge" means a facility affiliated with an institution

providing hospital service, which provides therein food and overnight

lodging to the chronically ill undergoing out-patient treatment for

cancer at such institution.

10. "General hospital" means a hospital engaged in providing medical

or medical and surgical services primarily to in-patients by or under

the supervision of a physician on a twenty-four hour basis with

provisions for admission or treatment of persons in need of emergency

care and with an organized medical staff and nursing service, including

facilities providing services relating to particular diseases, injuries,

conditions or deformities. The term general hospital shall not include a

residential health care facility, public health center, diagnostic

center, treatment center, out-patient lodge, dispensary and laboratory

or central service facility serving more than one institution.

11. "Midwifery birth center" means a hospital engaged principally in

providing prenatal and obstetric care, where such services are provided

principally by midwives.

12. "Facility fee" means any fee charged or billed by a hospital or by

a health care professional authorized under title eight of the education

law that is: (a) intended to compensate the hospital or health care

professional for the operational expenses regardless of the modality

through which the health care services are provided; and (b) separate

and distinct from a professional fee. "Facility fee" shall not include

any fee charged or billed by a residential health care facility.

13. "Health system" means a group of one or more hospitals and

providers affiliated through ownership, governance, membership or other

means.

14. "Provider" means an individual or entity, whether for profit or

nonprofit, whose primary purpose is to provide professional health care

services.