N.Y. PBH Law § 2801 — New York Code / Act PBH / Article 28 / Section 2801
Definitions
Status: in_force

§ 2801. Definitions. The following words or phrases, as used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n  * 1. "Hospital" means a facility or institution engaged principally in\nproviding services by or under the supervision of a physician or, in the\ncase of a dental clinic or dental dispensary, of a dentist, or, in the\ncase of a midwifery birth center, of a midwife, for the prevention,\ndiagnosis or treatment of human disease, pain, injury, deformity or\nphysical condition, including, but not limited to, a general hospital,\npublic health center, diagnostic center, treatment center, a rural\nemergency hospital under 42 USC 1395x(kkk), or successor provisions,\ndental clinic, dental dispensary, rehabilitation center other than a\nfacility used solely for vocational rehabilitation, nursing home,\ntuberculosis hospital, chronic disease hospital, maternity hospital,\nmidwifery birth center, lying-in-asylum, out-patient department,\nout-patient lodge, dispensary and a laboratory or central service\nfacility serving one or more such institutions, but the term hospital\nshall not include an institution, sanitarium or other facility engaged\nprincipally in providing services for the prevention, diagnosis or\ntreatment of mental disability and which is subject to the powers of\nvisitation, examination, inspection and investigation of the department\nof mental hygiene except for those distinct parts of such a facility\nwhich provide hospital service. The provisions of this article shall not\napply to a facility or institution engaged principally in providing\nservices by or under the supervision of the bona fide members and\nadherents of a recognized religious organization whose teachings include\nreliance on spiritual means through prayer alone for healing in the\npractice of the religion of such organization and where services are\nprovided in accordance with those teachings. No provision of this\narticle or any other provision of law shall be construed to: (a) limit\nthe volume of mental health, substance use disorder services or\ndevelopmental disability services that can be provided by a provider of\nprimary care services licensed under this article and authorized to\nprovide integrated services in accordance with regulations issued by the\ncommissioner in consultation with the commissioner of the office of\nmental health, the commissioner of the office of alcoholism and\nsubstance abuse services and the commissioner of the office for people\nwith developmental disabilities, including regulations issued pursuant\nto subdivision seven of section three hundred sixty-five-l of the social\nservices law or part L of chapter fifty-six of the laws of two thousand\ntwelve; (b) require a provider licensed pursuant to article thirty-one\nof the mental hygiene law or certified pursuant to article sixteen or\narticle thirty-two of the mental hygiene law to obtain an operating\ncertificate from the department if such provider has been authorized to\nprovide integrated services in accordance with regulations issued by the\ncommissioner in consultation with the commissioner of the office of\nmental health, the commissioner of the office of alcoholism and\nsubstance abuse services and the commissioner of the office for people\nwith developmental disabilities, including regulations issued pursuant\nto subdivision seven of section three hundred sixty-five-l of the social\nservices law or part L of chapter fifty-six of the laws of two thousand\ntwelve.\n  * NB Effective until the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n  * 1. "Hospital" means a facility or institution engaged principally in\nproviding services by or under the supervision of a physician or, in the\ncase of a dental clinic or dental dispensary, of a dentist, or, in the\ncase of a midwifery birth center, of a midwife, for the prevention,\ndiagnosis or treatment of human disease, pain, injury, deformity or\nphysical condition, including, but not limited to, a general hospital,\npublic health center, diagnostic center, treatment center, a rural\nemergency hospital under 42 USC 1395x(kkk), or successor provisions,\ndental clinic, dental dispensary, rehabilitation center other than a\nfacility used solely for vocational rehabilitation, nursing home,\ntuberculosis hospital, chronic disease hospital, maternity hospital,\nmidwifery birth center, lying-in-asylum, out-patient department,\nout-patient lodge, dispensary and a laboratory or central service\nfacility serving one or more such institutions, but the term hospital\nshall not include an institution, sanitarium or other facility engaged\nprincipally in providing services for the prevention, diagnosis or\ntreatment of mental disability and which is subject to the powers of\nvisitation, examination, inspection and investigation of the department\nof mental hygiene except for those distinct parts of such a facility\nwhich provide hospital service. The provisions of this article shall not\napply to a facility or institution engaged principally in providing\nservices by or under the supervision of the bona fide members and\nadherents of a recognized religious organization whose teachings include\nreliance on spiritual means through prayer alone for healing in the\npractice of the religion of such organization and where services are\nprovided in accordance with those teachings. No provision of this\narticle shall be construed to limit the volume of primary care services\nthat can be provided by a program licensed to provide integrated\nbehavioral health services, as defined in section 36.08 of the mental\nhygiene law. No provision of this article or any other provision of law\nshall be construed to: (a) limit the volume of mental health, substance\nuse disorder services or developmental disability services that can be\nprovided by a provider of primary care services licensed under this\narticle and authorized to provide integrated services in accordance with\nregulations issued by the commissioner in consultation with the\ncommissioner of the office of mental health, the commissioner of the\noffice of addiction services and supports and the commissioner of the\noffice for people with developmental disabilities, including regulations\nissued pursuant to subdivision seven of section three hundred\nsixty-five-l of the social services law or part L of chapter fifty-six\nof the laws of two thousand twelve; (b) require a provider licensed\npursuant to article thirty-one of the mental hygiene law or certified\npursuant to article sixteen or article thirty-two of the mental hygiene\nlaw to obtain an operating certificate from the department if such\nprovider has been authorized to provide integrated services in\naccordance with regulations issued by the commissioner in consultation\nwith the commissioner of the office of mental health, the commissioner\nof the office of addiction services and supports and the commissioner of\nthe office for people with developmental disabilities, including\nregulations issued pursuant to subdivision seven of section three\nhundred sixty-five-l of the social services law or part L of chapter\nfifty-six of the laws of two thousand twelve; or (c) require a provider\nlicensed under section 36.08 of the mental hygiene law to obtain a\nlicense from the department.\n  * NB Effective on the date that the rates of reimbursement for\nintegrated behavioral health services are approved and certified by\nparties set forth in chapter 60 of 2026 § 8\n  2. "Nursing home" means a facility providing therein nursing care to\nsick, invalid, infirm, disabled or convalescent persons in addition to\nlodging and board or health-related service, or any combination of the\nforegoing, and in addition thereto, providing nursing care and\nhealth-related service, or either of them, to persons who are not\noccupants of the facility.\n  3. "Residential health care facility" means a nursing home or a\nfacility providing health-related service.\n  4. (a) "Hospital service" means the preadmission, out-patient,\nin-patient and post discharge care provided in or by a hospital, and\nsuch other items or services as are necessary for such care, which are\nprovided by or under the supervision of a physician for the purpose of\nprevention, diagnosis or treatment of human disease, pain, injury,\ndisability, deformity or physical condition, including, but not limited\nto, nursing service, home-care nursing and other paramedical service,\nambulance service, service provided by an intern or resident in\ntraining, laboratory service, medical social service, drugs,\nbiologicals, supplies, appliances, equipment, bed and board.\n  (b) "Health-related service" means service in a facility or facilities\nwhich provide or offer lodging, board and physical care including, but\nnot limited to, the recording of health information, dietary supervision\nand supervised hygienic services incident to such service.\n  5. "Construction" means the erection, building, or substantial\nacquisition, alteration, reconstruction, improvement, extension or\nmodification of a hospital, including its equipment; the inspection and\nsupervision thereof; and the studies, surveys, designs, plans, working\ndrawings, specifications, procedures and other actions necessary\nthereto.\n  6. "Council" and "public health council" mean the public health and\nhealth planning council.\n  7. "Government agency" means a department, board, bureau, division,\noffice, agency, public benefit or other corporation, or any other unit,\nhowever described, of the state or a political subdivision thereof.\n  8. "Caretaker" means a person appointed pursuant to the provisions of\nsection twenty-eight hundred six-b of this article, to act as a\nfiduciary responsible to the court which appoints him for the conserving\nand preserving of the rights and property of the operator of a\nresidential health care facility, while also preserving and providing\nfor the rights of the patients in such facility to care appropriate to\ntheir needs in a clean and wholesome environment in accordance with\napplicable federal and state laws and regulations.\n  9. "Out-patient lodge" means a facility affiliated with an institution\nproviding hospital service, which provides therein food and overnight\nlodging to the chronically ill undergoing out-patient treatment for\ncancer at such institution.\n  10. "General hospital" means a hospital engaged in providing medical\nor medical and surgical services primarily to in-patients by or under\nthe supervision of a physician on a twenty-four hour basis with\nprovisions for admission or treatment of persons in need of emergency\ncare and with an organized medical staff and nursing service, including\nfacilities providing services relating to particular diseases, injuries,\nconditions or deformities. The term general hospital shall not include a\nresidential health care facility, public health center, diagnostic\ncenter, treatment center, out-patient lodge, dispensary and laboratory\nor central service facility serving more than one institution.\n  11. "Midwifery birth center" means a hospital engaged principally in\nproviding prenatal and obstetric care, where such services are provided\nprincipally by midwives.\n  12. "Facility fee" means any fee charged or billed by a hospital or by\na health care professional authorized under title eight of the education\nlaw that is: (a) intended to compensate the hospital or health care\nprofessional for the operational expenses regardless of the modality\nthrough which the health care services are provided; and (b) separate\nand distinct from a professional fee. "Facility fee" shall not include\nany fee charged or billed by a residential health care facility.\n  13. "Health system" means a group of one or more hospitals and\nproviders affiliated through ownership, governance, membership or other\nmeans.\n  14. "Provider" means an individual or entity, whether for profit or\nnonprofit, whose primary purpose is to provide professional health care\nservices.\n