NY Pub Health L § 2202 (2021)
2021 New York Laws PBH - Public Health Article 22 - Control of Tuberculosis Title 1 - General Provisions 2202 - Tuberculosis; Care and Treatment.

§  2202. Tuberculosis; care and treatment.  1. (a) Notwithstanding any inconsistent provision of this chapter or of any other general,  special or  local law or city charter, when a person suffering from tuberculosis or suspected of having tuberculosis is in need  of  care  and  treatment therefor  from  a  hospital,  as defined in article twenty-eight of this chapter, or a certified home health agency which provides such care  and treatment,  the  county  or the city of New York, as the case may be, in which such person resides or is found shall provide or secure such  care and treatment.  (b)  The  legislative  body  of  each  county  and  the  corresponding authority of the city of New York shall designate  the  commissioner  of health  of  any county or part-county health district or the city of New York or, in a county lacking a county or  part-county  health  district, the  county  health director, or appropriate health officer, as the case may be, to be responsible  for  providing  or  securing  such  care  and treatment.  (c)  The  cost  to  the  hospital  or other provider as established in accordance with the provisions of section twenty-eight hundred seven  of this  chapter  relating  to  rates of payment of such care and treatment shall be a charge against the county or the city of  New  York,  as  the case may be, in which such person has local residence, except that third party  coverage  or  indemnification  shall first be applied against the total  cost  to  the  hospital  or  other  provider  as  established  in accordance  with the provisions of section twenty-eight hundred seven of this chapter relating to rates of payment of the individual's  care  and treatment as hereinafter provided.  (d)  The  care  and  treatment  of  state  charges, as defined in this article, shall be subject to the  rules  of  the  commissioner  who  may designate  any  local  public official to act for him in emergency cases involving such state charges.  (e) Diagnoses,  tests,  studies  or  analyses  for  the  discovery  of tuberculosis and care and treatment by a hospital, as defined in article twenty-eight of this chapter, or by a certified home health agency which are  provided  by  the state or by any county or city shall be available without cost or charge to the persons receiving such examinations,  care or  treatment,  except  that the third party coverage or indemnification shall first be applied against the total cost to the hospital  or  other provider  as  established  in  accordance with the provisions of section twenty-eight hundred seven of this chapter relating to rates of  payment of the individual's care and treatment as hereinafter provided.   2.  Any  person  who volunteers to assume and pay for the cost of such hospital care and treatment or for the cost  of  such  diagnosis,  test, study  or  analysis  shall  be permitted to do so; but no state, county, city or other public official shall request or require payment or  make, or  cause  to  be  made, any inquiry or investigation for the purpose of determining the ability of  a  person  or  of  his  legally  responsible relatives  to  pay  for  diagnoses,  tests,  studies or analyses for the discovery of tuberculosis or  for  care  and  treatment  provided  by  a hospital,  as  defined  by article twenty-eight of this chapter, or by a certified home health agency except to determine if there is third party coverage or indemnification to pay or indemnify all or part of such cost to the hospital or other provider as established in accordance with  the provisions  of  section  twenty-eight  hundred  seven  of  this  chapter relating to rates of payment.   3. Determinations and orders concerning liability to pay for care  and treatment  and  the provision of care and treatment to persons suffering from tuberculosis or suspected of having tuberculosis by the state or by any county or city shall be in accordance with the rules and regulations  of the commissioner and expenses incurred therefor shall be eligible for state aid reimbursement pursuant to  the  provisions  of  title  two  of article six of this chapter after applying against the total cost to the hospital  or  other  provider  as  established  in  accordance  with the provisions  of  section  twenty-eight  hundred  seven  of  this  chapter relating  to  rates of payment of the individual's treatment the amounts received from or payable by  medicare,  workers'  compensation,  medical assistance  in  accordance  with the social services law, or other third party payers and indemnitors and less any payments  made  or  assignable under  any  federal  law  or laws heretofore enacted, provided, however, that expenses incurred for inpatient hospital care shall be eligible for reimbursement for a period not to exceed six weeks  for  any  individual patient  during  any  calendar year, unless approved as necessary by the commissioner for a longer period of time.   4. If upon a review of a claim submitted for the purposes of state aid reimbursement, the county, or the part county health  district,  or  the city  of  New  York,  or the state determine that the person was in fact eligible for third party coverage or indemnification at  the  time  care and  treatment  was  provided  and the hospital or certified home health agency failed to make a good  faith  effort  to  determine  third  party coverage  or  indemnification, the hospital or the certified home health agency shall not receive state aid reimbursement for that claim from the county or the city of New York. The commissioner shall promulgate  rules and  regulations  requiring recoupment or repayment from the hospital or the certified home health agency if the hospital or the  certified  home health  agency  has  already  received  state aid reimbursement from the county or the city of New York.