NY Pub Health L § 352 (2021)
2021 New York Laws PBH - Public Health Article 3 - Local Health Organization Title 3 - County and Part-County Health Districts 352 - County or Part-County Health Commissioners; Powers and Duties.

§  352. County or part-county health commissioners; powers and duties. 1.  Every county health commissioner shall devote his entire time to the duties of his office except that in  a  county  operating  as  a  county health  district,  the  boundaries  of  which  are co-terminous with the county, he may, with the approval  of  the  commissioner,  be  appointed superintendent of the county general hospital and further excepted, that in a county or part-county health district, he may, with the approval of the commissioner, be appointed medical consultant to any county or other local  governmental  agency  within  the  county  or  part-county health district.   2. The county health commissioner shall, within his district, exercise general supervision and control of the medical treatment of patients  in the  institutions,  public  health  centers  and clinics operated by the health district and possess all the powers conferred  upon  and  perform all the duties required of local health officers.   3.  (a)  The  county health commissioner, within his district and with the approval of the county board of health, or  the  county  manager  or county  executive  in  those  counties having an optional or alternative form  of  county  government,  and  with  the  approval  of  the   state commissioner of health, 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 county commissioner, manager or executive, as  the  case  may be,  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 county 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.   4.  The  county or part-county health commissioner within his district and with the approval of the county or part-county board of  health,  or the  county  manager  or  county  executive  in those counties having an optional or alternate form of county government and with the approval of the state commissioner of health 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 health district and for nursing  and paramedical services (excluding physicians' services) rendered to people sick  at  home. Fees so collected shall be paid to the fiscal officer of the county in the manner provided by law.   5.  The  county  or  part-county  health  commissioner  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  county  or  part-county board  of  health,  or  the  county manager or county executive in those counties having an optional or alternate form of county government, when it is deemed to be in the best interests of the county.   6. The county or part-county health commissioner,  the  public  health director, the New York city commissioner of health or the county manager or  county  executive  in those counties having an optional or alternate form of county government, may contract with a private collection agency for the collection of overdue claims and  obligations  with  respect  to fees  charged  for  physician, dentist, nursing, paramedical, therapist, laboratory and home health services and medical supplies  and  equipment or  other  health-related  services provided by, on behalf of, or at the request  of  the  county  or  part-county  health  district  or   health department.