NY Pub Health L § 2801 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2801 - Definitions.

§  2801.  Definitions. The following words or phrases, as used in this article, shall have the following meanings, unless the context otherwise requires:   1. "Hospital" means a facility or institution engaged  principally  in providing services by or under the supervision of a physician or, in the case  of  a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of  a  midwife,  for  the  prevention, diagnosis  or  treatment  of  human  disease, pain, injury, deformity or physical condition, including, but not limited to, a  general  hospital, public  health  center,  diagnostic  center,  treatment  center,  dental clinic, dental dispensary, rehabilitation center other than  a  facility used  solely  for  vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery  birth center,  lying-in-asylum,  out-patient  department,  out-patient  lodge, dispensary and a laboratory or central service facility serving  one  or more  such  institutions,  but  the  term  hospital shall not include an institution,  sanitarium  or  other  facility  engaged  principally   in providing  services for the prevention, diagnosis or treatment of mental disability  and  which  is  subject  to  the   powers   of   visitation, examination,  inspection  and  investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. The provisions of this article shall not  apply  to  a facility  or institution engaged principally in providing services by or under the supervision of the  bona  fide  members  and  adherents  of  a recognized  religious  organization  whose teachings include reliance on spiritual means through prayer alone for healing in the practice of  the religion  of  such  organization  and  where  services  are  provided in accordance with those teachings. No provision of  this  article  or  any other  provision  of  law shall be construed to: (a) limit the volume of mental  health,  substance  use  disorder  services   or   developmental disability  services  that can be provided by a provider of primary care services  licensed  under  this  article  and  authorized   to   provide integrated  services  in  accordance  with  regulations  issued  by  the commissioner in consultation with the  commissioner  of  the  office  of mental  health,  the  commissioner  of  the  office  of  alcoholism  and substance abuse services and the commissioner of the office  for  people with  developmental  disabilities, including regulations issued pursuant to subdivision seven of section three hundred sixty-five-l of the social services law or part L of chapter fifty-six of the laws of two  thousand twelve;  (b)  require a provider licensed pursuant to article thirty-one of the mental hygiene law or certified pursuant to  article  sixteen  or article  thirty-two  of  the  mental  hygiene law to obtain an operating certificate from the department if such provider has been authorized  to provide integrated services in accordance with regulations issued by the commissioner  in  consultation  with  the  commissioner of the office of mental  health,  the  commissioner  of  the  office  of  alcoholism  and substance  abuse  services and the commissioner of the office for people with developmental disabilities, including regulations  issued  pursuant to subdivision seven of section three hundred sixty-five-l of the social services  law or part L of chapter fifty-six of the laws of two thousand twelve.   2. "Nursing home" means a facility providing therein nursing  care  to sick,  invalid,  infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination  of  the foregoing,   and   in  addition  thereto,  providing  nursing  care  and health-related service, or either  of  them,  to  persons  who  are  not occupants of the facility.    3.  "Residential  health  care  facility"  means  a  nursing home or a facility providing health-related service.   4.   (a)  "Hospital  service"  means  the  preadmission,  out-patient, in-patient and post discharge care provided in or  by  a  hospital,  and such  other  items or services as are necessary for such care, which are provided by or under the supervision of a physician for the  purpose  of prevention,  diagnosis  or  treatment  of  human  disease, pain, injury, disability, deformity or physical condition, including, but not  limited to,  nursing  service,  home-care nursing and other paramedical service, ambulance  service,  service  provided  by  an  intern  or  resident  in training,   laboratory   service,   medical   social   service,   drugs, biologicals, supplies, appliances, equipment, bed and board.  (b) "Health-related service" means service in a facility or facilities which provide or offer lodging, board and physical care  including,  but not limited to, the recording of health information, dietary supervision and supervised hygienic services incident to such service.   5.   "Construction"  means  the  erection,  building,  or  substantial acquisition,  alteration,  reconstruction,  improvement,  extension   or modification  of a hospital, including its equipment; the inspection and supervision thereof; and the studies, surveys, designs,  plans,  working drawings,   specifications,   procedures  and  other  actions  necessary thereto.   6. "Council" and "public health council" mean the  public  health  and health planning council.   7.  "Government  agency"  means a department, board, bureau, division, office, agency, public benefit or other corporation, or any other  unit, however described, of the state or a political subdivision thereof.   8.  "Caretaker" means a person appointed pursuant to the provisions of section twenty-eight  hundred  six-b  of  this  article,  to  act  as  a fiduciary responsible to the court which appoints him for the conserving and  preserving  of  the  rights  and  property  of  the  operator  of a residential health care facility, while also  preserving  and  providing for  the  rights of the patients in such facility to care appropriate to their needs in a clean and  wholesome  environment  in  accordance  with applicable federal and state laws and regulations.   9. "Out-patient lodge" means a facility affiliated with an institution providing  hospital  service,  which provides therein food and overnight lodging to the chronically  ill  undergoing  out-patient  treatment  for cancer at such institution.   10.  "General  hospital" means a hospital engaged in providing medical or medical and surgical services primarily to in-patients  by  or  under the  supervision  of  a  physician  on  a  twenty-four  hour  basis with provisions for admission or treatment of persons in  need  of  emergency care  and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. The term general hospital shall not include a residential health  care  facility,  public  health  center,  diagnostic center,  treatment  center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.   11. "Midwifery birth center" means a hospital engaged  principally  in providing  prenatal and obstetric care, where such services are provided principally by midwives.