2023 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.