reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 12-A - Formal Hearings; Notice and Procedure.

§  12-a.  Formal hearings; notice and procedure.  1. The commissioner,
  or any person designated by him for this purpose,  may  issue  subpoenas
  and  administer  oaths  in  connection with any hearing or investigation
  under or pursuant to this chapter, and it  shall  be  the  duty  of  the
  commissioner and any persons designated by him for such purpose to issue
  subpoenas at the request of and upon behalf of the respondent.
2.  The commissioner and those designated by him shall not be bound by
  the laws of evidence in the conduct  of  hearing  proceedings,  but  the
  determination shall be founded upon sufficient legal evidence to sustain
  it.
3.  Notice  of  hearing shall be served at least fifteen days prior to
  the date of the hearing, provided that, whenever because  of  danger  to
  the  public health it appears prejudicial to the interests of the people
  of the state to delay action for  fifteen  days,  the  commissioner  may
  serve  the  respondent  with  an  order  requiring certain action or the
  cessation of certain activities immediately or within a specified period
  of less  than  fifteen  days  and  the  commissioner  shall  provide  an
  opportunity  to be heard within fifteen days after the date the order is
  served.
4. Service of notice of hearing or order shall  be  made  by  personal
  service  or  by  registered or certified mail. Where service, whether by
  personal service or by registered or certified mail,  is  made  upon  an
  infant, incompetent, partnership, corporation, governmental subdivision,
  board  or  commission,  it  shall  be  made  upon  the person or persons
  designated to receive personal service by article  three  of  the  civil
  practice law and rules.
5.  The  attorney-general may prefer charges, attend hearings, present
  the facts, and take any and all proceedings in connection therewith.
6. At a hearing, the respondent may appear personally, shall have  the
  right  of  counsel,  and  may  cross-examine  witnesses  against him and
  produce evidence and witnesses in his behalf.
7.  Following  a  hearing,  the  commissioner  may  make   appropriate
  determinations and issue an order in accordance therewith.
8.  The  commissioner may adopt, amend and repeal administrative rules
  and regulations governing the procedures to be followed with respect  to
  hearings,  such  rules  to  be consistent with the policy and purpose of
  this chapter and the effective and fair enforcement of its provisions.
9. The provisions of this section shall be applicable to all  hearings
  held  pursuant  to  this  chapter, except where other provisions of this
  chapter applicable thereto are inconsistent therewith,  in  which  event
  such other provisions shall apply.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 12-B - Wilful Violation of Health Laws.

§  12-b.  Wilful  violation  of  health laws. 1. A person who wilfully
  violates or refuses  or  omits  to  comply  with  any  lawful  order  or
  regulation  prescribed  by  any  local  board  of health or local health
  officer, is guilty of a misdemeanor; except, however,  that  where  such
  order or regulation applies to a tenant with respect to his own dwelling
  unit  or to an owner occupied one or two family dwelling, such person is
  guilty of an offense for the first violation punishable by a fine not to
  exceed fifty dollars and for a second or subsequent violation is  guilty
  of a misdemeanor punishable by a fine not to exceed five hundred dollars
  or  by  imprisonment  not  to exceed six months or by both such fine and
  imprisonment.
* 2. A person who wilfully violates any provision of this chapter,  or
  any  regulation  lawfully  made  or established by any public officer or
  board under authority of this  chapter,  the  punishment  for  violating
  which  is  not otherwise prescribed by this chapter or any other law, is
  punishable by imprisonment not exceeding one year,  or  by  a  fine  not
  exceeding  ten thousand dollars or by both. Effective on and after April
  first, two thousand eight  the  comptroller  is  hereby  authorized  and
  directed  to deposit amounts collected in excess of two thousand dollars
  per violation to the patient  safety  center  account  to  be  used  for
  purposes  of  the  patient safety center created by title two of article
  twenty-nine-D of this chapter.
* NB Effective until April 1, 2026
* 2. A person who wilfully violates any provision of this chapter,  or
  any  regulation  lawfully  made  or established by any public officer or
  board under authority of this  chapter,  the  punishment  for  violating
  which  is  not otherwise prescribed by this chapter or any other law, is
  punishable by imprisonment not exceeding one year,  or  by  a  fine  not
  exceeding two thousand dollars or by both.
* NB Effective April 1, 2026
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 12-C - Obstructing Health Officer in Performance of His Duty.

§  12-c.  Obstructing  health  officer  in performance of his duty.  A
  person who wilfully opposes or obstructs a health officer  or  physician
  charged  with  enforcement  of  the health laws, in performing any legal
  duty, is guilty of a misdemeanor.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 12-D - Filing of Certain Information by Medical Facilities.

§  12-d.  Filing  of certain information by medical facilities.  1. In
  the event a medical facility fails to file the  required  financial  and
  statistical  reports,  or  specific  additional data related to the rate
  setting process, on or before the prescribed due dates, or as  the  same
  may  be  extended by the commissioner, the commissioner shall reduce the
  current rate established for payments by governmental agencies by up  to
  two  percent  for  a  period  beginning on the first day of the calendar
  month following the  original  due  date  of  the  required  reports  or
  additional  data and continuing until the last day of the calendar month
  in which said reports or data are filed.
2. If the financial and statistical reports required by  this  section
  are  determined  by  the  commissioner  to  be incomplete, inaccurate or
  incorrect, the medical facility will have thirty days from the  date  of
  receipt  of  notification  to  provide the corrected or additional data.
  Failure to file the corrected or additional  data  that  was  previously
  required  within  such thirty day period, or as the same may be extended
  by the commissioner, shall result in a reduction of the current rate  in
  accordance with subdivision one of this section.
3.  For purposes of this section, "specific additional data related to
  the rate setting process", shall mean those for use in a wage geographic
  differential survey, a peer grouping data survey and a medical  supplies
  survey  and a malpractice insurance survey, as well as other information
  intended for use in establishing rates. The  commissioner  shall  supply
  each  medical  facility with preliminary information concerning the data
  that will be required prior to the start of each rate period.    Failure
  to file such additional data within thirty days from the date of receipt
  of  notification  to  supply  such  information,  or  as the same may be
  extended by the commissioner, shall result in a reduction of the current
  rate in accordance with subdivision one of this section.
4. For the purposes of this section, "medical facility" shall  mean  a
  residential   health  care  facility,  general  hospital,  free-standing
  ambulatory care facility, diagnostic and/or treatment center and  clinic
  authorized  under  article twenty-eight of this chapter, and a certified
  home health agency and long term home  health  care  program  authorized
  under article thirty-six of this chapter.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 13 - Enforcement: Against Officers.

§  13.  Enforcement: against officers.  The performance of any duty or
  the doing of any act enjoined, prescribed or required by  this  chapter,
  may be enforced by a proceeding pursuant to article seventy-eight of the
  civil  practice  law and rules at the instance of the department or of a
  local board of health, or of any citizen of full  age  resident  of  the
  municipality where the duty should be performed or the act done.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 14 - Actions Against Persons Rendering Professional Services at the Request of the Department; Defense and Indemnification.

§  14.  Actions against persons rendering professional services at the
  request of the department; defense and indemnification.  The  provisions
  of  section  seventeen  of  the  public  officers law shall apply to any
  physician, dentist, nurse or other health care professional who: (i)  is
  licensed  to  practice  pursuant  to article one hundred thirty-one, one
  hundred thirty-one-B, one hundred thirty-three, one hundred  thirty-six,
  one   hundred   thirty-seven,   one  hundred  thirty-nine,  one  hundred
  forty-three, one hundred fifty-six, one hundred fifty-seven, one hundred
  fifty-nine or one hundred sixty-four of the education  law  and  who  is
  rendering  professional  treatment  or  consultation  in connection with
  professional treatment authorized under such license at the  request  of
  the  department,  or  at  a  departmental  facility,  including clinical
  practice provided pursuant  to  a  clinical  practice  plan  established
  pursuant  to  subdivision  fourteen  of  section two hundred six of this
  chapter, to patients receiving care or  professional  consultation  from
  the   department   while   rendering   such  professional  treatment  or
  consultation; (ii) is rendering consultation in connection with an audit
  or prepayment review of claims or treatment requests under  the  medical
  assistance  program;  or  (iii) assists the department as consultants or
  expert  witnesses  in  the  investigation  or  prosecution  of   alleged
  violations   of   article   twenty-eight,   thirty-six,   forty-four  or
  forty-seven of this chapter or rules and  regulations  adopted  pursuant
  thereto.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 15 - Examination and Inspection of Public Works.

§  15. Examination and inspection of public works.  All persons having
  the control, charge or custody of any public structure, work or  ground,
  or  of  any  plan,  description,  outline,  drawing  or chart thereof or
  relating thereto, made, kept  or  controlled  by  or  under  any  public
  authority,  shall  permit and facilitate the examination, inspection and
  copying thereof by the commissioner, or by any person authorized by  him
  to make such examination or inspection of such copies.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 16 - Summary Action.

§ 16. Summary action.  Whenever the commissioner, after investigation,
  is of the opinion that any person is causing, engaging in or maintaining
  a  condition  or activity which in his opinion constitutes danger to the
  health of the people, and that it therefore appears to be prejudicial to
  the interests of the people to delay action for fifteen  days  until  an
  opportunity  for  a  hearing  can  be  provided  in  accordance with the
  provisions of section twelve-a of this chapter, the  commissioner  shall
  order  the  person,  including any state agency or political subdivision
  having jurisdiction, by written notice  to  discontinue  such  dangerous
  condition  or  activity  or  take certain action immediately or within a
  specified period of less than fifteen days.   As  promptly  as  possible
  thereafter,  within  not  to exceed fifteen days, the commissioner shall
  provide the person an opportunity to be heard and to present  any  proof
  that  such  condition  or  activity  does not constitute a danger to the
  health of the people.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 17 - Release of Medical Records.

§  17.  Release  of medical records.   Upon the written request of any
  competent patient, parent or guardian of an infant, a guardian appointed
  pursuant to article eighty-one of the mental hygiene law, or conservator
  of a conservatee, an examining,  consulting  or  treating  physician  or
  hospital  must  release  and deliver, exclusive of personal notes of the
  said physician or hospital, copies of all x-rays,  medical  records  and
  test  records  including  all laboratory tests regarding that patient to
  any other designated physician or hospital provided, however, that  such
  records  concerning  the  treatment  of  an  infant patient for venereal
  disease or the performance of an abortion  operation  upon  such  infant
  patient  shall not be released or in any manner be made available to the
  parent or guardian of such infant, and provided, further, that  original
  mammograms, rather than copies thereof, shall be released and delivered.
  Either  the  physician  or  hospital  incurring the expense of providing
  copies of  x-rays,  medical  records  and  test  records  including  all
  laboratory tests pursuant to the provisions of this section may impose a
  reasonable  charge  to  be paid by the person requesting the release and
  deliverance  of  such  records  as  reimbursement  for  such   expenses,
  provided,  however,  that  the  physician  or  hospital may not impose a
  charge for copying an original mammogram  when  the  original  has  been
  released or delivered to any competent patient, parent or guardian of an
  infant,  a  guardian  appointed  pursuant  to  article eighty-one of the
  mental hygiene law, or a conservator  of  a  conservatee  and  provided,
  further,  that  any charge for delivering an original mammogram pursuant
  to this  section  shall  not  exceed  the  documented  costs  associated
  therewith.  However,  the  reasonable  charge for paper copies shall not
  exceed seventy-five cents per page. A  release  of  records  under  this
  section  shall  not  be  denied  solely  because of inability to pay. No
  charge may be imposed under this section for  providing,  releasing,  or
  delivering  medical records or copies of medical records where requested
  for the purpose of supporting an application, claim or  appeal  for  any
  government benefit or program, provided that, where a provider maintains
  medical  records in electronic form, it shall provide the copy in either
  electronic or paper form, as  required  by  the  government  benefit  or
  program, or at the patient's request.
For  the  purposes  of  this section the term "laboratory tests" shall
  include but not be limited to tests  and  examinations  administered  in
  clinical  laboratories  or  blood  banks  as  those terms are defined in
  section five hundred seventy-one of this chapter.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 18*2 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary, Not-for-Profit Facilities or Corporations.

* § 18.  Registration  and  notification  of  boards  of  directors or
  trustees   of   certain   voluntary,   not-for-profit   facilities    or
  corporations. 1.  Notwithstanding any other law, rule or regulation, the
  executive   director,   chairperson   or   president   of  a  voluntary,
  not-for-profit  corporation  or  facility  which  is  subject   to   the
  jurisdiction   of   the   department   shall  furnish  annually  to  the
  commissioner a list of the names and addresses of the current members of
  the board of directors or trustees  of  such  facility  or  corporation.
  Failure  to  furnish  such  annual  list shall remove such facility from
  consideration for recertification.
2. In the event that such facility or corporation is found  to  be  in
  violation  of the provisions of this chapter or of rules and regulations
  promulgated  pursuant  to  this  chapter  which  could  result  in   the
  revocation,  cancellation,  limitation  or  suspension  of the operating
  certificate of such facility and if notice of such violation is provided
  to the facility pursuant to such regulations,  a  copy  of  such  notice
  shall  be  provided  to  each  of  the  current  members of the board of
  directors  or  trustees  of  such  facility  or   corporation   by   the
  commissioner.
3.  The  commissioner  is  authorized  to  promulgate  such  rules and
  regulations as  are  necessary  to  implement  the  provisions  of  this
  section.
* NB There are 2 § 18's
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 18-A - Disclosure of Information.

§  18-a.  Disclosure  of information. 1. Each health care professional
licensed, registered  or  certified  pursuant  to  title  eight  of  the
education  law  shall,  upon  request,  provide to his or her patient or
prospective patient the following:
(a) information related to the health care professional's  educational
background, experience, training, specialty, and board certification, if
applicable;
(b)  affiliation  with  any  health care facility licensed pursuant to
article twenty-eight, thirty-six or forty-four of this chapter, and  any
facility licensed pursuant to article nineteen, twenty-three, thirty-one
or thirty-two of the mental hygiene law;
(c) information regarding the health care professional's participation
in  continuing  education  programs  and  compliance with any licensure,
certification or registration requirements, if applicable; and
(d) information regarding the health care professional's participation
in clinical  performance  reviews  conducted  by  the  department  where
applicable and where available.
2.  Nothing  contained  herein shall require written disclosure of the
information described in subdivision one by the health care professional
to the patient.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 18-B - Procedures in the Course of Education or Training; Consent.

§ 18-b. Procedures in the course of education or training; consent. In
  the  case  of any health care procedure or examination, the fact that it
  is performed in the course of education or training shall  not  diminish
  the requirement for informed consent for the procedure or examination.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 18-C - Separate Patient Consent for Treatment and Payment for Health Care Services.

* §  18-c.  Separate  patient  consent  for  treatment and payment for
  health care services. Informed consent from a  patient  to  provide  any
  treatment,  procedure,  examination or other direct health care services
  shall be obtained separately from such patient's consent to pay for  the
  services.    Consent  to  pay  for any health care services by a patient
  shall not be given prior to the  patient  receiving  such  services  and
  discussing  treatment  costs.  For  purposes  of this section, "consent"
  means an action which: (a) clearly and  conspicuously  communicates  the
  individual's  authorization  of  an  act or practice; (b) is made in the
  absence of any mechanism in the user interface that has the  purpose  or
  substantial    effect    of    obscuring,   subverting,   or   impairing
  decision-making or choice to obtain consent; and (c) cannot be  inferred
  from inaction.
* NB Effective October 20, 2024
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 20 - Accelerated Death Benefits.

§  20.  Accelerated death benefits.   1. For purposes of this section,
  "health care facility" means a  hospital  and  residential  health  care
  facility as defined in article twenty-eight of this chapter, a home care
  services  agency  as  defined  in  article thirty-six of this chapter, a
  hospice as defined in article forty of this chapter,  and  a  continuing
  care  retirement  community  as  defined  in  article  forty-six of this
  chapter.
2. No health care facility or practitioner shall coerce or require  or
  attempt to coerce or require any person to accelerate payment of part or
  all  of  the  death  benefit  or  special  surrender  value under a life
  insurance policy, as authorized by paragraph one of  subsection  (a)  of
  section  one  thousand  one hundred thirteen of the insurance law, or to
  enter into a viatical settlement pursuant to the provisions  of  article
  seventy-eight  of  the  insurance  law,  as  a  condition  of admission,
  providing or continuing care.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 22 - Health-Related Legal Services Program.

§  22.  Health-related  legal  services  program.  1.  As used in this
section, "health-related legal services program" means a program that is
a collaboration between health care service providers and legal services
programs to provide on site legal services without charge to assist,  on
a  voluntary  basis,  income  eligible  patients  and  their families to
resolve legal matters or needs that have an impact on patient health  or
are created or aggravated by a patient's health. For the purpose of this
section, legal matters may include, but shall not be limited to:
(a) housing, including utilities;
(b) public or private health insurance coverage;
(c) employment and eligibility for employment benefits;
(d) government benefits;
(e) immigration;
(f)  family  law,  including,  but  not limited to, domestic violence,
guardianship, custody, and child support;
(g) advance planning, including, but not  limited  to,  wills,  health
care proxies, powers of attorney and permanency planning;
(h) special education; and
(i) debtor and creditor issues.
2. The department may designate health-related legal services programs
that comply with standards and guidelines established for such programs.
The  department  shall work with legal services organizations, community
health  advocacy  organizations,  hospitals,  diagnostic  and  treatment
centers  and  other  primary  and  specialty  health  care providers, to
establish standards and guidelines  for  health-related  legal  services
programs that are designated under this section.
3.  A  health-related  legal  services  program  designated under this
section shall be a not-for-profit entity operated by or affiliated  with
one  or  more legal services organizations, law schools, social services
organizations, or health care providers, and it shall  comply  with  the
standards,  guidelines  and  regulations  under  this  section, and have
demonstrated  ability   and   experience   to   provide   high   quality
health-related  legal services meeting the needs of the population to be
served.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 2 - General Provisions › 23 - Claim Forms.

§ 23. Claim forms. A non-participating physician shall include a claim
  form  for  a  third-party  payor  with  a  patient  bill for health care
  services, other than a bill for the patient's co-payment, coinsurance or
  deductible.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 3 - Office of the Medicaid Inspector General › 30 - Legislative Intent.

§ 30. Legislative intent. This title establishes an independent office
  of Medicaid inspector general within the department to consolidate staff
  and  other  Medicaid  fraud detection, prevention and recovery functions
  from the relevant governmental entities into a single office, and grants
  such office new powers and responsibilities.  As  such,  this  title  is
  intended   to   create  a  more  efficient  and  accountable  structure,
  dramatically reorganize and streamline the state's process of  detecting
  and  combating  Medicaid  fraud and abuse and maximize the recoupment of
  improper Medicaid payments.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 3 - Office of the Medicaid Inspector General › 30-A - Definitions.

§  30-a.  Definitions.  For  the purposes of this title, the following
  definitions shall apply:
1. "Inspector" means the Medicaid inspector general  created  by  this
  title.
2.  "Investigation"  means  investigations of fraud, abuse, or illegal
  acts perpetrated within the medical assistance program, by providers  or
  recipients of medical assistance care, services and supplies.
3. "Office" means the office of the Medicaid inspector general created
  by this title.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 3 - Office of the Medicaid Inspector General › 31 - Establishment of the Office of Medicaid Inspector General.

§  31.  Establishment  of the office of Medicaid inspector general. 1.
  There is hereby created within the department  the  office  of  Medicaid
  inspector  general.  Pursuant  to section three hundred sixty-three-a of
  the social services law, the department is the single state  agency  for
  the  administration of the medical assistance program in New York state,
  provided that the office shall undertake  and  be  responsible  for  the
  department's  duties  as  the  single  state agency with respect to: (a)
  prevention, detection and investigation of fraud and  abuse  within  the
  medical  assistance  program;  (b)  referral  of  appropriate  cases for
  criminal prosecution; and (c) recovery of  improperly  expended  medical
  assistance  funds. Such responsibility shall include, but not be limited
  to, medical assistance program audit  functions,  pursuant  to  sections
  three  hundred  sixty-four and three hundred sixty-eight-c of the social
  services law, and the function of medical assistance program  fraud  and
  abuse  prevention, pursuant to sections one hundred forty-five-a and one
  hundred forty-five-b of the social services law (transferred to the  New
  York  state  department  of  health from the former department of social
  services pursuant to subdivision (e) of section one  hundred  twenty-two
  of  part  B  of  chapter four hundred thirty-six of the laws of nineteen
  hundred ninety-seven).
2. The head of the office shall be the Medicaid inspector general  who
  shall be appointed by the governor by and with the advice and consent of
  the  senate.  The inspector shall serve at the pleasure of the governor.
  The  inspector  shall  report  directly  to  the  governor.  The  person
  appointed as inspector shall, upon his or her appointment, have not less
  than  ten  years professional experience in one or more of the following
  areas of expertise: law, provided the experience involves prosecution or
  some consideration of fraud;  fraud  investigation;  and  auditing.  The
  inspector  may  possess  comparable  alternate experience in the area of
  health care or the area of senior management, in either  the  public  or
  private   setting,   provided   that   such   experience  involves  some
  consideration of fraud.
3. The inspector shall be  compensated  within  the  limits  of  funds
  available therefor, provided, however, such salary shall be no less than
  the  salaries  of certain state officers holding the positions indicated
  in paragraph (a) of subdivision one of section one hundred sixty-nine of
  the executive law.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 3 - Office of the Medicaid Inspector General › 33 - Cooperation of Agency Officials and Employees.

§ 33. Cooperation of agency officials and employees. 1. In addition to
  the  authority  otherwise  provided  by  this  title,  the inspector, in
  carrying out the provisions of this title, is authorized to request such
  information, assistance and cooperation from any federal, state or local
  governmental department, board, bureau, commission, or other  agency  or
  unit  thereof  as  may  be  necessary  for  carrying  out the duties and
  responsibilities enjoined upon the inspector by this section. State  and
  local  agencies  or  units thereof are hereby authorized and directed to
  provide to the inspector, or, at the request of the inspector, to  state
  agencies   or   their  contractors,  such  information,  assistance  and
  cooperation. Notwithstanding any other provision of law to the contrary,
  requests for information, assistance and cooperation  may  include,  but
  not be limited to, all state and local government birth, death and vital
  statistics which may be contained in files, databases or registries, and
  for all information shall, upon request, include, where possible, making
  electronic  copies  or  record  exchanges  available. Executive agencies
  shall coordinate and facilitate the transfer  of  appropriate  functions
  and  positions  to  the  office  as  necessary  and  in  accordance with
  applicable law.
2. Upon request of a local social services district or a prosecutor of
  competent jurisdiction, the office, department, any other state or local
  government entity and the Medicaid fraud control unit shall provide such
  information and assistance as such entity or unit shall deem  necessary,
  appropriate  and  available  to  aid and facilitate the investigation of
  fraud and abuse within the medical assistance program and the recoupment
  of improperly expended funds.
2023 New York Laws › PBH - Public Health › Article 1 - Short Title and Definitions: General Provisions › Title 3 - Office of the Medicaid Inspector General › 34 - Transfer of Employees.

§  34.  Transfer  of  employees.  Upon  the  transfer  of  the medical
  assistance program audit and fraud and abuse prevention  functions  from
  the  department  and  the  offices  of  mental  health,  alcoholism  and
  substance abuse services, temporary disability assistance, and  children
  and  family  services  and  the  office  for  people  with developmental
  disabilities to the office within the  department  pursuant  to  section
  thirty-one  of  this  title, provision shall be made for the transfer of
  necessary officers and employees who are substantially  engaged  in  the
  performance  of  the  function  to be transferred, and any documents and
  records necessary and related to the transfer  of  such  functions.  The
  heads  of  the departments or agencies from which such function is to be
  transferred and the inspector shall confer to determine the officers and
  employees who  are  substantially  engaged  in  the  medical  assistance
  program audit and fraud and abuse prevention function to be transferred.
  In  accordance  with  subdivision  two  of  section seventy of the civil
  service law, officers and employees so transferred shall be  transferred
  without  further  examination  or  qualification  to the same or similar
  titles and shall remain in the same collective bargaining unit and shall
  retain their respective civil service classification, status and  rights
  pursuant  to  their collective bargaining unit and collective bargaining
  agreement.  Notwithstanding the office's regional operations, all office
  employees shall be co-located, to the greatest extent  practicable.  The
  inspector  shall  have  sole  responsibility for establishing methods of
  administration for the office.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 200 - Department of Health; Continuation.

§ 200. Department of health; continuation.  There shall continue to be
  in  the  state  government  a  department  of  health.  The  head of the
  department shall be the commissioner of health of the state of New York.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 202 - Divisions.

§ 202. Divisions.  1. There shall be in the department such divisions,
  bureaus  and  other  units  as  the  commissioner  from time to time may
  determine to be necessary and the director of the budget shall approve.
2. The commissioner may, from time  to  time,  abolish,  transfer  and
  consolidate divisions, bureaus and other units within the department not
  expressly  established  by  law  as  he  may determine necessary for the
  efficient operation of the department.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 203 - Commissioner; Qualifications.

§  203.  Commissioner;  qualifications.    The commissioner shall be a
  physician, a graduate of an incorporated medical college,  of  at  least
  ten  years'  experience in the actual practice of his profession, and of
  skill and experience in public health duties and sanitary science.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 204 - Commissioner; Appointment; Term of Office.

§ 204. Commissioner; appointment; term of office.  1. The commissioner
  shall  be  appointed by the governor, by and with the advice and consent
  of the senate and shall hold office until the end of  the  term  of  the
  governor  by  whom he was appointed and until his successor is appointed
  and has qualified.
2. The present commissioner shall be the head of  the  department  and
  shall hold office until the expiration of his present term and until his
  successor is appointed and has qualified. If, prior to the expiration of
  such  present  term, a vacancy shall occur or exist in the office of the
  commissioner it shall be filled by appointment by the governor,  by  and
  with the advice and consent of the senate, for a term expiring with that
  of the governor by whom the appointment was made.
3.  During his term of office the commissioner shall not engage in any
  occupation which conflicts with the performance of his official duties.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 205 - Commissioner; Compensation and Expenses.

§  205.  Commissioner;  compensation  and expenses.   The commissioner
  shall receive an annual salary not  to  exceed  an  amount  appropriated
  therefor  by  the  legislature and his expenses actually and necessarily
  incurred in the performance of his  official  duties,  unless  otherwise
  provided by the legislature.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 206-B - Special Requirements With Respect to Lyme Disease Diagnosis.

§  206-b. Special requirements with respect to Lyme disease diagnosis.
  1. Within thirty days after the effective  date  of  this  section,  the
  commissioner  shall,  in  writing,  order  every physician practicing in
  Suffolk, Westchester and Nassau counties to review the  medical  records
  of  any  patient  such  physician  treated  during the period commencing
  January first, nineteen hundred seventy-five and ending on the  date  of
  such   order  wherein  such  physician  made  a  diagnosis  of  juvenile
  rheumatoid arthritis and to review the circumstances of  such  diagnosis
  to  reconsider  whether such patient has suffered, or is suffering, from
  the complex, multi-system disorder  caused  by  the  bacterium  Borrelia
  burgdorferi, which disease is transmitted by the Ixodes dammini tick and
  is  commonly referred to as "Lyme disease". In any case where a hospital
  or other health care institution or provider has custody or  control  of
  the  medical  records  for  a  patient  so  diagnosed, upon request such
  physician shall be entitled to review such medical records for  purposes
  of  complying  with  such  order  or the commissioner may order any such
  hospital or other health care institution or provider wherever  situated
  within  the  state  to  review such records to reconsider a diagnosis of
  Lyme disease.
2. The commissioner, upon a showing that there is a  reasonable  basis
  to  believe  that  the  order  provided for herein has not been complied
  with, shall be entitled to apply to a justice of the supreme  court  for
  an  order  requiring any such physician to submit for the commissioner's
  consideration such records, charts or other pertinent  data  which  will
  enable him to determine whether there has been full compliance with such
  order.
3. In any case where a review of such records indicates that a patient
  may have been, or is, suffering from Lyme disease, such physician shall,
  consistent  with  customary  and acceptable medical standards, take such
  action he deems necessary to inform such patient or in  the  case  of  a
  minor, his or her parent or guardian of his findings, conduct additional
  tests,  administer  other  necessary treatments or refer such patient to
  another physician for further diagnosis and/or treatment.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 207-A - Tick-Borne Diseases and Blood-Borne Pathogen Impact Study.

§ 207-a. Tick-borne diseases and blood-borne pathogen impact study. 1.
The  department,  in conjunction with the commissioner of mental health,
shall issue a report examining the mental health impacts  of  tick-borne
diseases  and  blood-borne  pathogens on mental illness rates in endemic
areas of the state. Such report shall include but not be limited to:
(a) Considerations  of  how  Lyme,  tick-borne  illnesses,  and  other
blood-borne  pathogens  or  vector-borne  diseases may have correlations
with mental illness in infected individuals;
(b) Populations at-risk including those individuals  with  occupations
outdoors and/or increased exposure to vectors;
(c)  Diagnostic  indicators  of  mental  illness  that  can be used as
guidance for healthcare providers and mental health practitioners;
(d) Historical considerations of infection rates  and  mental  illness
indicators  that  may  have  gone undiagnosed or misdiagnosed in endemic
areas; and
(e)  Recommendations  for  intervention  and  coordinated   care   for
individuals  who  exhibit  mental  illness symptoms as well as those who
have both physical and mental health indicators.
2. Such report shall be submitted to the temporary  president  of  the
senate  and the speaker of the assembly no later than October first, two
thousand twenty-two. The  department  and  the  commissioner  of  mental
health  may  engage  stakeholders  in  the  compilation  of  the report,
including but not limited to, medical research institutions, health care
practitioners, mental health providers, county and local government, and
advocates.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 208 - Deputy Commissioners; Appointment; Qualifications and Duties.

§  208.  Deputy commissioners; appointment; qualifications and duties.
  1. The commissioner shall appoint and at pleasure remove a first  deputy
  commissioner  and  such  other  deputy  commissioners  as  he shall deem
  necessary for the proper organization and general classification of  the
  work of the department.
2.  The  first  deputy  commissioner  shall be a physician licensed or
  eligible for license to practice medicine and surgery in this state, and
  who shall have been actively engaged in the practice of  his  profession
  for a period of at least five years.
3.  The  deputy  commissioners  shall  perform such duties as shall be
  prescribed by the commissioner.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 1 - Officers and Employees › 211-A - Continuation of Salaries of Employees of the Department While Receiving Training.

§ 211-a. Continuation of salaries of employees of the department while
  receiving   training.      The  commissioner  may,  within  the  amounts
  appropriated therefor, continue the salaries, in full  or  in  part,  of
  employees of the department and the institutions in the department while
  such  employees  are  absent from their regular duties and are receiving
  training for the better performance of duties,  provided  that  no  such
  compensation  shall  be  so  continued  to  a  greater  extent than will
  reimburse such employees for the loss of earnings while  receiving  such
  training.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 220 - Public Health and Health Planning Council; Appointment of Members.

§  220.  Public  health  and  health  planning council; appointment of
  members. There shall continue to be in the department  a  public  health
  and   health  planning  council  to  consist  of  the  commissioner  and
  twenty-six members to be appointed by the governor with the  advice  and
  consent  of the senate. Membership on the council shall be reflective of
  the diversity of the state's population including, but not  limited  to,
  the  various  geographic  areas  and population densities throughout the
  state. The members shall include representatives of  the  public  health
  system,  health  care  providers  that  comprise the state's health care
  delivery  system,  individuals  with  expertise  in  the  clinical   and
  administrative  aspects of health care delivery, issues affecting health
  care   consumers,   health   planning,   health   care   financing   and
  reimbursement,  health care regulation and compliance, and public health
  practice and  at  least  two  members  shall  also  be  members  of  the
  behavioral health services advisory council; at least four members shall
  be  representatives  of general hospitals or nursing homes; at least two
  members shall  be  representatives  of  health  care  consumer  advocacy
  organizations  which  have a statewide or regional constituency and have
  been involved in activities related to  health  care  consumer  advocacy
  including  issues  of  interest to low- and moderate-income individuals;
  and at least one member  shall  be  a  representative  of  each  of  the
  following  groups: women's health service providers, home care agencies,
  freestanding  ambulatory  surgery  centers,  diagnostic  and   treatment
  centers,  health  care  payors,  and labor organizations for health care
  employees.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 221 - Public Health and Health Planning Council; Terms of Office; Vacancies.

§  221.  Public  health  and health planning council; terms of office;
  vacancies. 1. The terms of office of members of the  public  health  and
  health  planning  council shall be six years. The members of the council
  shall continue in office until the expiration of their terms  and  until
  their  successors  are  appointed  and have qualified. Such appointments
  shall be made by the governor,  with  the  advice  and  consent  of  the
  senate, within one year following the expiration of such terms.
2.  Vacancies  shall  be filled by appointment by the governor for the
  unexpired terms within one year of the date upon  which  such  vacancies
  occur.
3.  In  making appointments to the council, the governor shall seek to
  ensure that membership on the council  reflects  the  diversity  of  the
  state's  population including, but not limited to the various geographic
  areas and population densities throughout the state.
4. Notwithstanding subdivision one of this section, of the ten members
  appointed or reappointed to the council on or after December first,  two
  thousand  ten,  two shall serve a term of three years, two shall serve a
  term of four years, three shall serve a term of five  years,  and  three
  shall  serve  a  term  of  six  years.  Thereafter, members appointed or
  reappointed upon expiration of a term of office shall be appointed for a
  term of six years and shall continue in office  until  their  successors
  are appointed.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 222 - Public Health and Health Planning Council; Meetings; By-Laws.

§  222.  Public health and health planning council; meetings; by-laws.
  1.  The  public  health  and  health  planning  council  shall  meet  as
  frequently as its business may require, and at least twice in each year.
2.  The  governor  shall  designate  one  of the members of the public
  health and health planning council as its chair.
3. The public health and health planning council shall enact and  from
  time  to  time  may  amend  by-laws  in relation to its meetings and the
  transactions of its business.
4. All meetings of the public health and health planning council shall
  in every proceeding be deemed to have been  duly  called  and  regularly
  held,  and  all regulations and proceedings to have been duly authorized
  unless the contrary be proved.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 223 - Public Health and Health Planning Council; Compensation and Expenses.

§  223.  Public  health  and health planning council; compensation and
  expenses. The members of the public health and health  planning  council
  other  than the commissioner of health shall receive no compensation for
  their services, but  shall  be  reimbursed  for  expenses  actually  and
  necessarily incurred in the performance of their duties.
2023 New York Laws › PBH - Public Health › Article 2 - The Department of Health › Title 2 - The Public Health Council › 224 - Public Health and Health Planning Council; Secretary, Employees.

§   224.   Public  health  and  health  planning  council;  secretary,
  employees. The commissioner upon request of the public health and health
  planning  council,  shall  designate  an  officer  or  employee  of  the
  department  to act as secretary of the public health and health planning
  council, and shall assign from time to time such other employees as  the
  public health and health planning council may require.