reglab/housing_qa huggingface dataset:
NY Pub Health L § 4366 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 4366 - Enforcement.

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or annul, a bank or storage facility license or may fine the holder thereof on proof that the license holder or one or more persons in its employ:  (a)  has  engaged  in misrepresentation in obtaining the license or in the operation of the bank or storage facility;  (b) has engaged or attempted to engage in  or  represented  itself  as being  entitled  to  perform  any  procurement  or  storage activity not authorized in the license;  (c) has demonstrated incompetence or has shown recurrent errors in the performance of procurement or storage activities;  (d) has been convicted of a felony.   2. No license shall be revoked, suspended,  limited,  or  annulled  or fine  imposed  without  an opportunity for a hearing; provided, however, that a license may be temporarily suspended  without  a  hearing  for  a period  not  in  excess  of sixty days upon notice to the license holder following a finding by the commissioner or his designee that the  public health, safety, or welfare is in imminent danger.  (a)  the  commissioner  or his designee shall fix a time and place for the hearing;  (b) a copy of the charges, together with a  notice  of  the  time  and place  of  the  hearing,  shall  be  mailed to the license holder at the address of the bank or storage facility;  (c) all orders or determinations hereunder shall be subject to  review as  provided  in  article  seventy-eight  of  the civil practice law and rules.   3. The supreme court may enjoin violations or threatened violations of any provisions of this article or of the rules  and  regulations  issued thereunder. Upon request of the commissioner, the attorney general shall maintain an action in the supreme court in the name of the people of the state to enjoin any such violation.
NY Pub Health L § 4367 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 4367 - Separability.

§  4367.  Separability. If any clause, sentence, paragraph, section or   part of this article  shall  be  adjudged  by  any  court  of  competent   jurisdiction  to  be  invalid, the judgment shall not affect, impair, or   invalidate the remainder thereof, but shall be confined in its operation   to the clause, sentence, paragraph, section, or  part  thereof  directly   involved  in  the  controversy  in  which  the  judgment shall have been   rendered.
NY Pub Health L § 4368 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 4368 - New York State Gift of Life Medal of Honor.

§ 4368. New York state gift of life medal of honor. The governor shall   establish  a  program  for  public recognition of organ, tissue and bone   marrow donors and their families for their  life  saving  contributions.   The governor shall commission the design, with the advice and consent of   the  department  and  the  transplant  council  established  pursuant to   section forty-three hundred sixty-one of this article, of the "New  York   State gift of life medal of honor". Such medal shall be awarded annually   to honor the memory of all individual organ donors or the gifts of donor   families.  Persons  who  donate bone marrow shall also be eligible to be   awarded the medal. The department and the transplant  council  shall  be   responsible  for  nominating and choosing recipients, and for overseeing   and maintaining such program.
NY Pub Health L § 4369 (2021)
2021 New York Laws PBH - Public Health Article 43-B - Organ, Tissue and Body Parts Procurement and Storage 4369 - Bone Marrow Registry Information.

§  4369.  Bone  marrow  registry  information. 1. The commissioner, in consultation with health care practitioners and others with expertise in bone marrow donation and transplant  and  with  the  assistance  of  the transplant  council  as  appropriate,  shall  develop and make available information regarding bone marrow donation and registries, including but not limited to the National Marrow Donor Program "Be The Match Registry" registry and The Bone Marrow Foundation. Such information shall include, but not be limited to:  (a) the need for bone marrow donations;  (b) patient populations that would benefit from bone marrow donations;  (c) how to join a bone marrow registry; and  (d) how to acquire a free buccal swab kit from a bone marrow registry.   2. The information required by this section shall be made available on the department's website in a printable format to allow  the  public  to access  such  information  and  for  health care practitioners providing primary care to provide such information to patients  who  are  eighteen years  of  age  or  older  and under forty-five years of age who are not registered with a bone marrow registry.
NY Pub Health L § 4400 (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4400 - Statement of Policy and Purposes.

§ 4400. Statement of policy and purposes. Encouraging the expansion of   health care services options available to the citizens of the state is a   matter  of  vital  state  concern.  Without such an expansion, increased   health insurance and other benefits will continue to escalate the  costs   of medical care and overload the health care delivery system. The health   maintenance  organization  concept, through which members of an enrolled   population are each entitled to receive  comprehensive  health  services   for   an   advance  or  periodic  charge,  represents  a  promising  new   alternative for the delivery of a full range of health care services  at   a reasonable cost.Accordingly, it shall be the policy of this state to expand the health   care  services  options  available,  and to assure greater choice in the   selection of  a  health  care  plan,  by  removal  of  legal  and  other   impediments   to  the  development  of  competitive  health  maintenance   organizations acceptable to the public.It is the intent of the legislature that  the  commissioner  therefore   establish  a  comprehensive  system  of  authorization and regulation of   health maintenance organizations in  the  state,  as  provided  in  this   article,  in  order  to  assure  that health services of good quality be   provided  to  all  citizens  who  choose  to  take  advantage  of   that   alternative  to  meet  their  health  care needs. The commissioner shall   cooperate with the superintendent of financial services and  with  other   state  officials and agencies which establish standards and requirements   pertaining to the provision and financing of  health  care  services  in   order to assure necessary, equitable and consistent state supervision of   all health care systems without duplication of inspection or services.
NY Pub Health L § 4402 (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4402 - Health Maintenance Organizations; Application for Certificate of Authority.

§  4402. Health maintenance organizations; application for certificate of authority. 1. No person or groups of persons  may  operate  a  health maintenance  organization  or  issue  a  contract  to  an  enrollee  for membership  in  a  comprehensive  health  services  plan  without  first obtaining a certificate of authority from the commissioner.   2.  In  order  to receive such a certificate of authority, a person or persons, hereinafter designated as the applicant, intending to operate a health maintenance organization  shall  file  an  application  for  such certificate  on such form as the commissioner shall prescribe, and shall provide to the satisfaction of the commissioner the following:  (a)  a  copy  of  each  of  the  basic  organizational  documents  and agreements  of  the  applicant and all participating entities, including all contracts and agreements relating to the provision of  comprehensive health services;  (b)  a copy of the bylaws, rules and regulations on internal governing documents of the applicant;  (c) a list of the names,  addresses  and  official  positions  of  the persons  comprising  the  applicant  and  all  entities  referred  to in paragraph (a) other than those possessing a valid operating  certificate under  the provisions of article twenty-eight of this chapter, including all owners of record or beneficial, all members of the  governing  body, the  officers  and  directors  in  the  case  of  a corporation, and the partners or members in the case of a partnership or corporation, and the agent for service of process;  (d) a statement  of  the  financial  condition  of  the  organization, including,  if  appropriate,  an  income  statement,  balance  sheet and projected sources and uses of funds;  (e) a statement generally describing the  proposed  operation  of  the health  maintenance  organization  as to the location of its facilities, the type and quantity  of  health  care  personnel  engaged  to  provide services,  its  quality  assurance  mechanism,  its grievance procedure, participating hospitals and such other data as may be  required  by  the commissioner;  (f)  a  copy  of each enrollee contract filed with and approved by the superintendent pursuant  to  section  forty-four  hundred  six  of  this article; and  (g)  such  other information as may be required by the commissioner to make the determinations required in section forty-four hundred three  of this article.
NY Pub Health L § 4403-B (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4403-B - Development of Comprehensive Health Services Plans.

* §  4403-b.  Development  of comprehensive health services plans. The   commissioner is authorized, after consultation with the commissioner  of   social  services,  and  subject  to  the approval of the director of the   budget, to make grants to diagnostic and treatment centers  and  general   hospitals operating pursuant to article twenty-eight of this chapter, to   aid  in  the  planning,  development and implementation of comprehensive   health services plans.  The  total  amount  expended  pursuant  to  this   section  shall  not  exceed the amount appropriated for such purposes in   any fiscal year.* NB Expires March 31, 2023
NY Pub Health L § 4403-D (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4403-D - Special Needs Managed Care Plans.

§  4403-d.  Special  needs  managed  care  plans.  No person, group of   persons, county or counties may operate a  special  needs  managed  care   plan  without  first  obtaining  a  certificate  of  authority  from the   commissioner, issued jointly with the  commissioner  of  the  office  of   mental  health  and  the  commissioner  of  the office of alcoholism and   substance abuse services.
NY Pub Health L § 4404 (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4404 - Health Maintenance Organizations; Continuance of Certificate of Authority.

§  4404.  Health maintenance organizations; continuance of certificate   of authority. 1.  Continuance by the commissioner of  a  certificate  of   authority  issued under section forty-four hundred three of this article   shall be contingent upon satisfactory performance by the organization as   to the delivery, continuity, accessibility and quality of  the  services   to  which an enrolled member is entitled, compliance with the provisions   of this article and rules and regulations  promulgated  thereunder,  and   the  continuing  fiscal  solvency of the organization as set out in this   section.2. Except as provided  in  subdivision  three  of  this  section,  the   commissioner may revoke, limit or annul a certificate of authority as of   the  termination  of  the  current  period of all then existing enrollee   contracts, after a hearing, and only after a finding  of  unsatisfactory   performance  or  fiscal  insolvency.  However,  in  the  event  of  such   revocation,  limitation  or  annulment,  the   organization   shall   be   prohibited  from entering into any new enrollee contracts as of the date   of notification of such action by the commissioner. Notification of such   action shall  be  given  by  the  organization  to  each  enrollee.  The   commissioner   shall   give   prior   notice   of  such  action  to  the   superintendent.3. The commissioner may revoke or limit a  certificate  of  authority,   after  a  hearing, for violations of any applicable statute or rules and   regulations which threatened to directly affect the  health,  safety  or   welfare  of any enrollee. Upon notice of his intent to revoke or limit a   certificate of authority, the commissioner may prohibit the organization   from entering into any new enrollee contracts pending final  action  and   may  require notification of such action to be given by the organization   to each enrollee. The  commissioner  shall  give  prior  notice  to  the   superintendent  of his intent to prohibit the organization from entering   into any enrollee contracts. In any action pursuant to this subdivision,   the commissioner and the superintendent shall take action to assure  the   continued insurance coverage of enrollees of the organization.4.  In  addition  to,  or  in  lieu  of, any revocation, limitation or   annulment, the commissioner may assess a  penalty  pursuant  to  section   twelve  of  this  chapter for any violation of this chapter or rules and   regulations promulgated pursuant to this article.5. All orders or determinations made in accordance with the provisions   of this section shall be  subject  to  review  as  provided  in  article   seventy-eight  of the civil practice law and rules. Application for such   review must be made within sixty days after  service  in  person  or  by   registered  mail  of  a  copy  of  the  order  or determination upon the   organization.
NY Pub Health L § 4405 (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4405 - Health Maintenance Organizations; Powers.

§ 4405. Health maintenance organizations; powers. The powers of health   maintenance  organizations, in addition to any other powers conferred by   the laws under which such organization is constructed, shall include:1. subject to the provisions of article twenty-eight of this  chapter,   the purchase, lease, construction, renovation, operation, or maintenance   of   hospitals,   medical  facilities,  or  both,  and  their  ancillary   equipment, and such property as  may  reasonably  be  required  for  its   principal  office  or for such other purposes as may be necessary in the   transaction of the business of the organization;2. the furnishing of comprehensive health care services on  a  prepaid   basis  through hospitals and other health care providers which are under   contract with, otherwise associated with,  or  employed  by  the  health   maintenance organization;3.  the  marketing,  enrollment  and administration of a comprehensive   health services plan;4. the contracting with an insurer licensed in this state;5. the offering, in addition to  health  care  services,  of  benefits   covering out-of-area or emergency services;6.  the  provision  of  additional health services not included in the   comprehensive health services  plan  on  a  fee-for-service  basis,  the   provision  of  health services on a fee-for-service basis to persons who   are not members of the enrolled population;7. the entering into contracts in furtherance of the purposes of  this   article;8.   the   acceptance  from  government  agencies,  private  agencies,   corporations,  associations,  groups,  individuals,  or  other  persons,   payments  covering  all  or  part  of  the  cost of health care services   provided to enrollees, in accordance with the provisions of the plan and   this chapter; and9. the indemnification of enrollees for the services  of  health  care   providers,   other  than  primary  care  practitioners  responsible  for   supervising and coordinating the care of enrollees, not participating in   a plan to the extent authorized in section  forty-four  hundred  six  of   this article; and10.  notwithstanding  any  other  provision  of  law, to advertise the   comprehensive health services which it renders and the plan relating  to   the  rendition of such services, provided, however, that all information   disseminated to the public shall  be  strictly  factual  in  nature  and   accurate  in  all respects and shall not in any way be misleading to the   public.
NY Pub Health L § 4405-A (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4405-A - Immunizations Against Poliomyelitis, Mumps, Measles, Diphtheria and Rubella.

§   4405-a.   Immunizations  against  poliomyelitis,  mumps,  measles,   diphtheria and rubella. 1. It shall be the duty  of  the  administrative   officer   or   other   person  in  charge  of  each  health  maintenance   organization, as defined in this article, to inquire of each  person  in   its  care under the age of eighteen, or of a person in parental relation   to such person, whether all necessary immunizations have  been  received   for  poliomyelitis,  mumps, measles, diphtheria and rubella and, if not,   to make available such immunizations and a certificate  or  certificates   of such immunizations.2.  This section shall not apply to children whose parent, parents, or   guardian are bona fide members of a  recognized  religious  organization   whose teachings are contrary to the practices herein required.3.  If  any  physician  licensed  to  practice  medicine in this state   certifies that any such immunization may be  detrimental  to  a  child's   health,  the  requirements  of  this section shall be inapplicable until   such immunization is found no longer to be detrimental  to  the  child's   health.
NY Pub Health L § 4405-B (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4405-B - Duty to Report.

§  4405-b.  Duty  to  report. 1. (a) A health maintenance organization licensed pursuant  to  article  forty-three  of  the  insurance  law  or certified   pursuant  to  this  chapter  shall  make  a  report  to  the appropriate professional disciplinary agency within thirty days  of  the occurrence of any of the following: (i) the termination of a health care provider  contract  pursuant to section forty-four hundred six-d of this article for reasons relating to alleged mental or  physical  impairment, misconduct  or  impairment  of  patient  safety  or  welfare;  (ii)  the voluntary or involuntary termination of  a  contract  or  employment  or other  affiliation  with  such  organization  to avoid the imposition of disciplinary measures;  or  (iii)  the  termination  of  a  health  care provider  contract  in the case of a determination of fraud or in a case of imminent harm to patient health.  (b) An organization shall make a report to be made to the  appropriate professional   disciplinary  agency  within  thirty  days  of  obtaining knowledge of any information that reasonably  appears  to  show  that  a health  professional  is guilty of professional misconduct as defined in article one hundred thirty or one hundred thirty-one-A of the  education law.  A  violation  of  this  subdivision  shall  not  be subject to the provisions of section twelve-b of this chapter.   2. Reports of possible professional misconduct made pursuant  to  this section  shall  be  made  in  writing  to  the  appropriate professional disciplinary  agency.  Written  reports  shall  include  the   following information:  (a)   the   name,  address,  profession  and  license  number  of  the individual; and  (b) a description of the action taken by  the  organization  including the  reason  for  the  action and the date thereof, or the nature of the action or conduct that led to the resignation, termination  of  contract or  withdrawal,  and the date thereof stated with sufficient specificity to allow  a  reasonable  person  to  understand  which  of  the  reasons enumerated  led  to the action of the organization or the resignation or withdrawal of the individual, and, if the reason was an act or  omission of the individual, the particular act or omission.   3.   (a)  Any  report  or  information  furnished  to  an  appropriate professional discipline agency in accordance with the provisions of this section shall be deemed a confidential communication and  shall  not  be subject  to  inspection  or  disclosure in any manner except upon formal written request by a duly authorized public  agency  or  pursuant  to  a judicial subpoena issued in a pending action or proceeding.  (b)  Any  person,  facility, organization or corporation which makes a report pursuant to this section in good faith without malice shall  have immunity  from  any  liability,  civil or criminal, for having made such report. For purposes of any proceeding,  civil  or  criminal,  the  good faith of any person required to make a report shall be presumed.
NY Pub Health L § 4406-B (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4406-B - Primary and Preventive Obstetric and Gynecologic Care.

§  4406-b.  Primary  and preventive obstetric and gynecologic care. 1.   The health maintenance organization shall not limit a female  enrollee's   direct  access  to  primary  and  preventive  obstetric  and gynecologic   services, including annual examinations, care resulting from such annual   examinations, and treatment of  acute  gynecologic  conditions,  from  a   qualified  provider  of such services of her choice from within the plan   or for any  care  related  to  a  pregnancy,  provided  that:  (a)  such   qualified  provider  discusses such services and treatment plan with the   enrollee's primary care practitioner in accordance with the requirements   of the health maintenance organization; and (b) such qualified  provider   agrees  to  adhere to the health maintenance organization's policies and   procedures, including any applicable procedures regarding referrals  and   obtaining  prior  authorization  for  services  other than obstetric and   gynecologic services rendered by such qualified provider, and agrees  to   provide  services  pursuant to a treatment plan (if any) approved by the   health maintenance organization.2. A health maintenance organization  shall  treat  the  provision  of   obstetric  and  gynecologic  care, and the ordering of related obstetric   and gynecologic items  and  services,  pursuant  to  the  direct  access   described  in  subdivision  one  of  this  section  by  a  participating   qualified provider of such services, as the authorization of the primary   care provider.3. It shall be the duty of the administrative officer or other  person   in  charge of each health maintenance organization to advise each female   enrollee, in writing, of the provisions of this section.
NY Pub Health L § 4406-F (2021)
2021 New York Laws PBH - Public Health Article 44 - Health Maintenance Organizations 4406-F - Maternal Depression Screenings.

§  4406-f.  Maternal  depression  screenings.  To  the  extent  a plan   provides  coverage  for  maternal  depression   screening,   no   health   maintenance  organization  subject  to  this  article shall by contract,   written policy or procedure limit a patient enrollee's direct access  to   screening   and   referral   for  maternal  depression,  as  defined  in   subdivision one of section twenty-five hundred-k of this chapter, from a   provider of obstetrical,  gynecologic,  or  pediatric  services  of  her   choice;  provided  that  the patient enrollee's access to such services,   coverage and choice of provider is otherwise subject to  the  terms  and   conditions of the plan under which the patient enrollee is covered.