NY Pub Health L § 206-A (2021)
2021 New York Laws PBH - Public Health Article 2 - The Department of Health Title 1 - Officers and Employees 206-A - Discrimination in Hospital Staff Appointments and Privileges Prohibited.

§  206-a. Discrimination in hospital staff appointments and privileges   prohibited.  1. It shall be an unlawful discriminatory practice for  the   governing body of a hospitala.  To  deny to or to withhold from a physician, dentist or podiatrist   staff membership or professional privileges in a hospital because of his   participation in any medical group practice, non-profit health insurance   plan,  or  comprehensive  health  services  plan  offered  by  a  health   maintenance organization authorized by the laws of the state; orb.  To  exclude  or  to  expel a physician, dentist or podiatrist from   staff membership or to curtail, terminate  or  diminish  in  any  way  a   physician's,  dentist's  or  podiatrist's  professional  privileges in a   hospital because of his participation in  any  medical  group  practice,   non-profit  health insurance plan, or comprehensive health services plan   offered by a health maintenance organization authorized by the  laws  of   the state.2.  Any  person claiming to be aggrieved by an unlawful discriminatory   practice defined by this section may, by himself or his attorney,  make,   sign  and  file  with  the  commissioner a verified complaint in writing   which shall state the name and address of the hospital  whose  governing   body  is  alleged to have committed the unlawful discriminatory practice   complained of and which shall set  forth  the  particulars  thereof  and   contain such other information as may be required by the commissioner.3.  After  the  filing  of  any such complaint, the commissioner shall   designate a deputy commissioner or other officer of  the  department  to   make  a  prompt  investigation  in  connection  therewith;  and  if such   designee shall determine after investigation that probable cause  exists   for  crediting  the  allegations  of the complaint, he shall immediately   endeavor  to  eliminate  the   unlawful   discriminatory   practice   by   conference, conciliation and persuasion.4.  In  case of a failure so to eliminate such practice, or in advance   thereof as in his judgment circumstances so  warrant,  the  commissioner   shall  cause  to  be issued a written notice together with a copy of the   complaint, as the same may have been amended, requiring each  member  of   the  governing  body  of  the  hospital  in  question (or such member or   members thereof as in his judgment are warranted), hereinafter sometimes   referred to as respondent, to answer charges  of  such  complaint  at  a   hearing  before him (or before a deputy commissioner or other officer of   the department other than the designee who investigated the  complaint),   hereinafter  referred  to  as hearing officer, at a time and place to be   specified in such notice.5. The respondent may file a written verified answer to the  complaint   and  appear  at  such  hearing  in  person  or otherwise with or without   counsel and submit testimony.6. If, upon all the evidence at the hearing, the hearing officer shall   find that a  respondent  has  engaged  in  any  unlawful  discriminatory   practice  defined  in  this section, the hearing officer shall state his   findings of fact and the commissioner shall issue and cause to be served   on such respondent an order  requiring  such  respondent  to  cease  and   desist from such unlawful discriminatory practice.7. If, upon all the evidence at the hearing, the hearing officer shall   find  that  a  respondent has not engaged in any unlawful discriminatory   practice defined in this section, the hearing officer  shall  state  his   findings of fact and the commissioner shall issue and cause to be served   on  the  complainant  an  order dismissing the said complaint as to such   respondent.8. The commissioner shall  establish  rules  of  practice  to  govern,   expedite  and  effectuate  the foregoing procedure and the actions to be   taken thereunder. 9. Any complaint filed pursuant to  this  section  must  be  so  filed   within ninety days after the alleged act of discrimination.10.  Any  complainant,  respondent  or  other person aggrieved by such   order of the commissioner may obtain judicial review  thereof,  and  the   commissioner  may  obtain  an  order  of court for its enforcement, in a   proceeding as provided in this subdivision.  Such  proceeding  shall  be   brought  in the supreme court of the state within any county wherein the   unlawful  discriminatory  practice  which  is   the   subject   of   the   commissioner's  order occurs or wherein any person required in the order   to cease and desist from a unlawful discriminatory practice  resides  or   transacts  business. The findings of the hearing officer as to the facts   shall be conclusive if supported by substantial evidence on  the  record   considered  as  a  whole.  All  such  proceedings  shall  be  heard  and   determined by the court and any  appellate  court  as  expeditiously  as   possible and with lawful precedence over other matters.11.  The  following  words,  as  used  in this section, shall have the   following meanings unless the context otherwise requires:a. "Governing body" means  the  group  or  the  individual  ultimately   responsible  for  a  hospital's  general  policies with respect to staff   membership and  professional  privileges  and  shall  include,  but  not   limited  to,  a  board  of  trustees,  a  board of directors, a board of   governors, a board of managers, a medical board, a director or any other   official of a hospital with comparable responsibilities.b. "Hospital" means an institution for the care and treatment  of  the   sick  and  injured,  equipped  with  the  technical facilities, medical,   nursing and other professional and  technical  personnel  necessary  for   diagnosis  and  treatment  of  persons suffering from sickness or injury   which requires bed care.c.  "Medical  group  practice"  means  the  practice  of  medicine  by   physicians  as  partners  or in groups with fees and moneys received for   professional services furnished by any individual physician,  member  or   employee  of  such  partnership  or  group  pooled  and redistributed in   accordance with a partnership or other agreement.d.  "Non-profit  health  insurance"  means  insurance  issued   by   a   non-profit  medical  expense  indemnity  corporation  in accordance with   article forty-three of the insurance law.e.  "Health  maintenance  organization"  means  such  organization  as   defined in article forty-four of this chapter.f.  "Comprehensive health services plan" means such plan as defined in   article forty-four of this chapter.