N.Y. Social Services Law § 367: Authorization for hospital care

§ 367. Authorization for hospital care. 1. Except as permitted by

the regulations of the department, so far as practicable, no patient

shall be admitted to a hospital as a public charge under this title or

this chapter without the prior authorization of the social services

official responsible for authorizing such care. If a patient is

admitted without prior authorization of the appropriate social services

official and the hospital has reason to believe that the patient will be

unable to pay for his care, and is or may be eligible for care under

this title or this chapter, it may send a notice containing a report of

the facts of the case to such social services official who shall

promptly advise the patient or his representative of his right to apply

for medical assistance and, if eligible, to have the cost of his care

paid for under this chapter. If the identity of the social services

official responsible for authorizing such care is not known by the

hospital, such notice shall be sent to the commissioner of the social

services district in which the hospital is located who shall make an

investigation to determine which social services district may be

responsible for authorizing such care and appropriately notify such

district, which shall advise such patient or his representative of his

right to apply, and if eligible to have the cost of his care paid for

under this chapter. The cost of care of an eligible patient shall be a

charge against a social services district only when authorized by the

commissioner of social services of such district, which authorization

shall not be withheld from any patient eligible for such care pursuant

to this title and the regulations of the department.

2. Notwithstanding any inconsistent provision of law, the social

services official responsible for authorizing hospital or health related

services shall withhold payment for such services upon the certification

of the commissioner of health that payment for such care is unauthorized

under the medical assistance program.