N.Y. Public Health Law § 352: County or part-county health commissioners; powers and duties

§ 352. County or part-county health commissioners; powers and duties.

1. Every county health commissioner shall devote his entire time to the

duties of his office except that in a county operating as a county

health district, the boundaries of which are co-terminous with the

county, he may, with the approval of the commissioner, be appointed

superintendent of the county general hospital and further excepted, that

in a county or part-county health district, he may, with the approval of

the commissioner, be appointed medical consultant to any county or other

local governmental agency within the county or part-county health

district.

2. The county health commissioner shall, within his district, exercise

general supervision and control of the medical treatment of patients in

the institutions, public health centers and clinics operated by the

health district and possess all the powers conferred upon and perform

all the duties required of local health officers.

3. (a) The county health commissioner, within his district and with

the approval of the county board of health, or the county manager or

county executive in those counties having an optional or alternative

form of county government, and with the approval of the state

commissioner of health, may enter into contracts

(1) with corporations duly licensed in the state of New York to

transact the business of accident and health insurance to provide to

sick and disabled persons insured by them such home care, including

nursing and other paramedical services (excluding physicians' services)

as may be needed by them;

(2) with hospital service corporations organized and operating in

accordance with article forty-three of the insurance law to provide to

their subscribers nursing service and such other paramedical services as

would have been available in a hospital (excluding physicians' services)

at rates which shall prior to payment be approved as to reasonableness

by the superintendent of financial services;

(3) with any municipal corporation or local, state or federal agency

to provide such home care, including nursing and other paramedical

services (excluding physicians' services) as may be needed by sick and

disabled persons;

(4) with medical expense indemnity corporations organized and

operating in accordance with article forty-three of the insurance law to

provide their subscribers with such home care, including nursing and

other paramedical services as may be needed by them at rates which shall

prior to payment be approved as to reasonableness by the superintendent

of financial services; and

(5) with any non-profit corporation, agency or association established

for the purpose of improvement of health services, or for the purpose of

providing home care for sick and disabled persons, including nursing and

other paramedical services (excluding physicians' services) as may be

needed by such persons.

(6) with any dentist, physician or group of physicians, without public

bidding, for the rental or use of a portion of a clinic or public health

center and its equipment and furnishings provided, however, that any

such dentist, physician or group of physicians shall render such care

and treatment as shall be necessary or possible under the circumstances

to any person found eligible for emergency treatment including those

found in an unconscious, seriously ill or wounded condition and to any

person eligible for medical assistance pursuant to section three hundred

sixty-six of the social services law.

(b) such county commissioner, manager or executive, as the case may

be, shall establish the fees to be charged for such services to be

rendered pursuant to such contracts, collect such fees and pay the same

over to the fiscal officer of the county in the manner provided by law.

No contract made in accordance with the provisions of subdivision (a) of

this section shall require payment for such services to an insured or

subscriber at a rate in excess of the charge for the same service, if

any, provided to a person afflicted with a similar disease or condition

who is neither insured nor a subscriber.

4. The county or part-county health commissioner within his district

and with the approval of the county or part-county board of health, or

the county manager or county executive in those counties having an

optional or alternate form of county government and with the approval of

the state commissioner of health may establish and collect fees from a

patient or a person or private or public agency responsible for his care

for services rendered to patients in the institutions, public health

centers and clinics operated by the health district and for nursing and

paramedical services (excluding physicians' services) rendered to people

sick at home. Fees so collected shall be paid to the fiscal officer of

the county in the manner provided by law.

5. The county or part-county health commissioner may in his

discretion, in proper cases, where substantial justice will best be

served thereby, waive the collection of all, or any portion of, such

fees or compromise any portion of such fees. Such waiver or compromise

shall be made only upon prior approval of the county or part-county

board of health, or the county manager or county executive in those

counties having an optional or alternate form of county government, when

it is deemed to be in the best interests of the county.

6. The county or part-county health commissioner, the public health

director, the New York city commissioner of health or the county manager

or county executive in those counties having an optional or alternate

form of county government, may contract with a private collection agency

for the collection of overdue claims and obligations with respect to

fees charged for physician, dentist, nursing, paramedical, therapist,

laboratory and home health services and medical supplies and equipment

or other health-related services provided by, on behalf of, or at the

request of the county or part-county health district or health

department.