NY Pub Health L § 378 (2021)
2021 New York Laws PBH - Public Health Article 3 - Local Health Organization Title 4 - Certain Cities 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.