2023 New York Laws › PBH - Public Health › Article 3 - Local Health Organization › Title 4 - Certain Cities › 378 - Certain Cities; Contracts and Fees for Health Services.

§  378. Certain cities; contracts and fees for health services. (a) In
cities having a population of less than  one  hundred  and  seventy-five
thousand  and  in  those  cities which have by special law established a
department of health, the commissioner of health or health officer, with
the consent and approval of the mayor and  the  board  of  estimate  and
apportionment or other board having similar power in such cities and the
common council or similar legislative authority in cities having no such
boards, 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 commissioner of health or health officer 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  city  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.
(c) The commissioner of health or health officer with the consent  and
approval  of  the  mayor and the board of estimates and apportionment or
other board having similar power in such cities and the  common  council
or  similar  legislative  authority  in cities having no such boards 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
city  and  for  nursing  and  other  paramedical   services   (excluding
physicians' services) rendered to people sick at home. Fees so collected
shall  be  paid to the fiscal officer of the city in the manner provided
by law.
(d)  The  commissioner  of  health  or  health  officer  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 mayor  and  the  board  of
estimate  and  apportionment or other board having similar power in such
cities and the common council or similar legislative authority in cities
having no such boards, when it is deemed to be in the best interests  of
the city.