N.Y. Public Health Law § 378: Certain cities; contracts and fees for health services

§ 378. Certain cities; contracts and fees for health services. (a) In

cities having a population of less than one hundred and seventy-five

thousand and in those cities which have by special law established a

department of health, the commissioner of health or health officer, with

the consent and approval of the mayor and the board of estimate and

apportionment or other board having similar power in such cities and the

common council or similar legislative authority in cities having no such

boards, 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 commissioner of health or health officer 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 city 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.

(c) The commissioner of health or health officer with the consent and

approval of the mayor and the board of estimates and apportionment or

other board having similar power in such cities and the common council

or similar legislative authority in cities having no such boards 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

city and for nursing and other paramedical services (excluding

physicians' services) rendered to people sick at home. Fees so collected

shall be paid to the fiscal officer of the city in the manner provided

by law.

(d) The commissioner of health or health officer 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 mayor and the board of

estimate and apportionment or other board having similar power in such

cities and the common council or similar legislative authority in cities

having no such boards, when it is deemed to be in the best interests of

the city.