reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 27-C - Birth Defects Institute › 2731 - Birth Defects Institute.

§  2731.  Birth  defects institute.   The commissioner shall establish
  within the department a birth defects  institute  for  the  purposes  of
  initiating  and  conducting  investigations  of  the  causes, mortality,
  methods of treatment, prevention and cure of birth defects  and  genetic
  and allied diseases.
2023 New York Laws › PBH - Public Health › Article 27-C - Birth Defects Institute › 2732 - Commissioner; Functions, Powers and Duties.

§  2732. Commissioner; functions, powers and duties.  The commissioner
shall have the following powers and duties:
(a) To conduct scientific investigations and surveys  of  the  causes,
mortality,  methods  of  treatment, prevention and cure of birth defects
and genetic and allied diseases.
(b) To publish from time to time the results  of  such  investigations
and  surveys  for the benefit of the public health and from time to time
collate such publications for distribution to  scientific  organizations
and qualified scientists and physicians.
(c)  To  carry  on  programs of professional education and training of
medical students, physicians, nurses, scientists and technicians in  the
causes,  methods  of treatment, prevention and cure of birth defects and
genetic and allied diseases.
(d) To conduct and support counseling services.
2023 New York Laws › PBH - Public Health › Article 27-C - Birth Defects Institute › 2733 - Reporting of Birth Defects; Confidentiality of Information.

§  2733.  Reporting  of birth defects; confidentiality of information.
  1. Birth defects and genetic and allied diseases shall  be  reported  by
  physicians, hospitals, and persons in attendance at births in the manner
  and on such forms as may be prescribed by the commissioner.
2.  Such  reports and information shall be kept confidential and shall
  not be admissible as evidence in an action or proceeding in any court or
  before any other tribunal, board, agency  or  person.  The  commissioner
  may, however, publish analyses of such reports and information from time
  to  time  for scientific and public health purposes, in such a manner as
  to assure that the identities of the  individuals  concerned  cannot  be
  ascertained.
2023 New York Laws › PBH - Public Health › Article 27-CC - New York State Traumatic Brain Injury Program › 2740 - Traumatic Brain Injury Program.

§  2740. Traumatic brain injury program. The department shall have the
  central responsibility for administering the provisions of this  article
  and   otherwise  coordinating  the  state's  policies  with  respect  to
  traumatic brain injury, in consultation with the office for people  with
  developmental  disabilities, the office of mental health, the department
  of education, the office of alcoholism and substance abuse services, the
  department of social services,  the  office  of  the  advocate  for  the
  disabled  and  the  commission  on  quality  of  care  for  the mentally
  disabled.
2023 New York Laws › PBH - Public Health › Article 27-CC - New York State Traumatic Brain Injury Program › 2741 - Definitions.

§ 2741. Definitions. As used in this article:
1.  "Traumatic  brain  injury"  means  an acquired injury to the brain
  caused by an external physical  force  resulting  in  total  or  partial
  disability  or impairment and shall include but not be limited to damage
  to the central nervous system from anoxic/hypoxic episodes or damage  to
  the  central  nervous  system from allergic conditions, toxic substances
  and other acute medical/clinical incidents. Such term shall include, but
  not be limited to, open and closed brain injuries  that  may  result  in
  mild,  moderate  or  severe  impairments in one or more areas, including
  cognition, language, memory, attention,  reasoning,  abstract  thinking,
  judgment,  problem-solving,  sensory  perceptual  and  motor  abilities,
  psycho-social behavior, physical functions, information  processing  and
  speech.  Such  term  shall  not  include progressive dementias and other
  mentally impairing conditions, depression and psychiatric  disorders  in
  which  there  is  no  known  or  obvious  central nervous system damage,
  neurological,  metabolic  and  other  medical  conditions  of   chronic,
  congenital  or  degenerative  nature  or brain injuries induced by birth
  trauma.
2. "Concussion" means a mild traumatic injury to  the  brain  that  is
  characterized by immediate and transient alteration of mental status and
  level of consciousness, resulting from mechanical force or trauma.
2023 New York Laws › PBH - Public Health › Article 27-CC - New York State Traumatic Brain Injury Program › 2742 - Functions, Powers and Duties of the Department.

§ 2742. Functions, powers and duties of the department. The department
  shall have the following powers and duties:
1. to develop a comprehensive statewide program that includes medical,
  housing, vocational, educational, transportation, social, personal care,
  family  support,  day  program  services,  community  re-entry services,
  outpatient rehabilitation services and other essential services;
2. to develop outreach services  to  provide  coordinated  information
  regarding  assistance  available  to persons with traumatic brain injury
  and their families;
3. to develop and maintain a clearinghouse of information on traumatic
  brain injuries and concussions, including but not limited to,  resources
  that  support  the  development  and  implementation  of community-based
  services and rehabilitation;
4. to track the amount of and cost of  services  provided  to  persons
  with traumatic brain injury placed in out-of-state treatment settings;
5.  to  develop  innovative  educational  programs  on  the causes and
  prevention of traumatic brain injuries and concussions, with an emphasis
  on outreach campaigns. Such programs and information shall include,  but
  not  be  limited  to,  treatment and services for persons with traumatic
  brain injury and/or a concussion and their families;
6. to  accept  and  expend  any  grants,  awards  of  other  funds  or
  appropriations  as  may  be  available  for  these  purposes, subject to
  limitations as to the approval of expenditures and audits as  prescribed
  for state funds by the state finance law;
7. to gather and disseminate statistics and conduct investigations and
  research  relating  to  the  causes  and  prevention  of traumatic brain
  injuries and concussions and the treatment of such  injuries,  including
  the  methods  and  procedures for rehabilitation, including from time to
  time, such  publications  for  distribution  to  appropriate  scientific
  organizations;
8.  to contract with independent consultants to conduct assessments of
  the needs of persons with traumatic brain injury;
9. to develop training programs for persons providing discharge  plans
  and case management; and
10.  to  develop standards for licensing or certifying residential and
  non-residential services for persons with traumatic brain injury to  the
  extent  that such services are not otherwise subject to the jurisdiction
  of another state agency.
2023 New York Laws › PBH - Public Health › Article 27-CC - New York State Traumatic Brain Injury Program › 2743 - Funding of Traumatic Brain Injury Services.

§ 2743. Funding of traumatic brain injury services.  1. The department
  shall develop a biennial plan and priorities for the funding of services
  and  programs  as  authorized  by  this  article,  with  emphasis on the
  development and expansion of community-based services and programs.
2. Such plan shall provide for the development of services,  dispersed
  geographically to the extent feasible, which shall minimize the need for
  out-of-state  placements and promote the return of individuals currently
  placed out-of-state to enhance family involvement and promote  community
  reintegration.
3.  The  department  shall,  to  the extent feasible, utilize existing
  organizations  with  demonstrated  interest  and  expertise  in  serving
  persons with traumatic brain injuries and shall, within funds available,
  enter into contracts with such organizations.
2023 New York Laws › PBH - Public Health › Article 27-CCC - Leukemia, Lymphoma and Myeloma Research, Education and Treatment Program › 2747 - Leukemia, Lymphoma and Myeloma Research, Education and Treatment.

§  2747.  Leukemia,  lymphoma  and  myeloma  research,  education  and
  treatment. The commissioner shall  establish  within  the  department  a
  program to promote research, education and treatment regarding leukemia,
  lymphoma  and  myeloma.  To  carry out the purposes of this section, the
  commissioner shall have the following powers and duties:
1. to promote research, education and treatment programs  designed  to
  reduce  or  prevent the incidence and severity of leukemia, lymphoma and
  myeloma;
2. to  accept  and  expend  any  grants,  awards  or  other  funds  or
  appropriations  as  may  be  available  for  these  purposes  subject to
  limitations as to the approval of expenditures and audit  as  prescribed
  for state funds by the state finance law; and
3.  to  enter  into contracts within the amounts available therefor as
  may be necessary to implement the provisions of this section.
2023 New York Laws › PBH - Public Health › Article 27-D - New York State Burns Care Institute › 2750 - Legislative Findings and Purpose.

§  2750.  Legislative  findings  and purpose.   One of the three major
  causes of accidental death in New York state is burn injury, and one  of
  the  contributing  factors to the high mortality rate from burn injuries
  is the lack of trained individuals  and  available  facilities  for  the
  treatment  and rehabilitation of the victims of burn injury. In order to
  provide for the improved delivery of medical care to the victims of burn
  injury in the state, the department of health shall have the central and
  comprehensive responsibility for the development and  administration  of
  the  state's  policy  with  respect  to  medical care of victims of burn
  injury.
2023 New York Laws › PBH - Public Health › Article 27-D - New York State Burns Care Institute › 2751 - New York State Burns Care Institute; Organization.

§ 2751. New York state burns care institute; organization.  1. The New
  York  state burns care institute is hereby created within the department
  of health.
2. The commissioner shall appoint a director of the institute and  may
  employ  such  assistants and personnel as are necessary to carry out the
  provisions of this article.
2023 New York Laws › PBH - Public Health › Article 27-D - New York State Burns Care Institute › 2752 - Functions, Powers and Duties.

§  2752.  Functions,  powers  and  duties.    In  order to further the
declared  purposes  of  this  article,  the  institute  shall  have  the
following functions, powers and duties:
1.   To  contract  with  such  regional  burns  care  centers  as  the
commissioner may determine, and on connection therewith, to:
(a) conduct scientific investigations of methods of treatment of  burn
injuries  and rehabilitation of burn injury victims, such investigations
to be primarily conducted as clinical research investigations; and to
(b) conduct a program of professional education and  training  in  the
treatment  of  burn  injury  and  the  rehabilitation of victims of burn
injury for medical students, physicians, nurses and ambulance attendants
located in the vicinities of the central and  regional  burns  treatment
centers.
2.  To  determine  the  need  for  and  coordinate  and  supervise the
establishment and operation of such regional and local  burns  treatment
centers as are necessary in the state.
3.  To  develop  and  supervise programs of professional education and
training in the treatment of  burn  injury  and  the  rehabilitation  of
victims  of  burn  injury  for  medical students, physicians, nurses and
ambulance attendants in regional and local burns treatment centers.
4. To gather  data  and  statistics  and  conduct  investigations  and
research  relating to the causes and prevention of burn injuries and the
treatment of burn injury victims including the  methods  and  procedures
for  their  rehabilitation,  and  to disseminate information and conduct
educational programs as to such causes, prevention and treatment.
5. To enter into  such  contracts  and  agreements  with  individuals,
colleges,  universities,  associations, corporations, municipalities and
other units of government as may be deemed necessary  and  advisable  to
carry  out  the  general  intent  and  purposes  of  this  article. Such
contracts may provide for payment by the state for materials,  equipment
or services.
6.  The  commissioner  may  adopt  such  rules  and regulations as are
necessary to effectuate the purposes and provisions of this article.
2023 New York Laws › PBH - Public Health › Article 27-DD - State Advisory Panel on Hiv/hbv Infected Health Care Workers › 2760 - Advisory Panel Established.

§ 2760. Advisory panel established.  1. A state advisory panel for the
  evaluation  of  health  care  workers  with human immunodeficiency virus
  (HIV) or hepatitis B (HBV) (hereinafter referred to in this  article  as
  HIV/HBV)  is  hereby  established in the department. This panel shall be
  known as the health care worker HIV/HBV  advisory  panel  and  shall  be
  composed  of three to five members. The commissioner shall appoint three
  members for a term of two years: a state or local public health officer,
  an infectious disease expert and  an  expert  in  infection  control  or
  epidemiology. For the purpose of the panel's deliberations on a specific
  case:  (a)  the  commissioner  may  appoint  a  health professional with
  expertise relevant to procedures performed by the  health  care  worker,
  provided, however, that the commissioner shall appoint such professional
  if  the  health care worker so requests; and (b) the commissioner shall,
  at the health care worker's request, appoint the  health  care  worker's
  personal  physician.  The  commissioner shall appoint the chairperson of
  the panel. A  vacancy  occurring  during  a  term  shall  be  filled  by
  appointment  by  the commissioner for the unexpired term. Any member may
  be removed from the panel at the pleasure of the commissioner.
2. Each member of the panel shall receive  up  to  one  hundred  fifty
  dollars  as prescribed by the commissioner for each day devoted to panel
  work not to exceed forty-five hundred dollars in any one year, and shall
  be  reimbursed  for  actual  and  necessary  expenses  incurred  in  the
  performance of his/her duties.
3.  The  department  shall  advise  the panel members of statutory and
  regulatory confidentiality provisions and restrictions on disclosure  of
  information  which  are  applicable  to  the  panel members and to panel
  operations.
2023 New York Laws › PBH - Public Health › Article 27-E - The Acquired Immune Deficiency Syndrome Institute › 2775 - The Acquired Immune Deficiency Syndrome Institute.

§  2775.  The acquired immune deficiency syndrome institute.  1. There
  is hereby established within  the  department  of  health  the  acquired
  immune  deficiency  syndrome  institute.  The  institute  shall have the
  central responsibility for administering the provisions of this  article
  and otherwise coordinating the state's policies with respect to acquired
  immune deficiency syndrome.
2.  The commissioner shall appoint a director of the institute and may
  assign such personnel within the amounts appropriated as is necessary to
  carry out the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 27-E - The Acquired Immune Deficiency Syndrome Institute › 2776 - Powers and Duties.

§  2776. Powers and duties.  1. The institute shall have the following
powers and duties:
(a) to develop and promote scientific investigations into  the  cause,
prevention,  methods  of treatment, and cure of the acquired diseases of
immunosuppression;
(b) to develop and promote  programs  of  professional  education  and
training  and  improvements  in instrumentation as necessary adjuncts to
such scientific investigations;
(c) to develop and maintain a clearing house within the department for
information collected on acquired immune deficiency syndrome,  including
a  catalogue  of  the  existing  medical  literature  and the results of
existing epidemiological studies;
(d) to develop  and  promote  an  outreach  campaign  directed  toward
targeted  high  risk  populations  to  provide  coordinated  information
regarding the treatment and counseling programs and sources of financial
assistance available; and
(e) to promote the availability of supportive  services  for  affected
persons.
2.  Personal  data  in  any  investigations,  reports  and information
relating thereto shall be kept confidential and be afforded all  of  the
protections  provided  by the provisions of paragraph (j) of subdivision
one of section two hundred six of the public health law.  The  institute
may,  however,  from  time  to  time publish analyses of such scientific
investigations in such a manner as to assure that the identities of  the
individuals concerned cannot be ascertained.
2023 New York Laws › PBH - Public Health › Article 27-E - The Acquired Immune Deficiency Syndrome Institute › 2777 - Research Council.

§  2777.  Research council.   1. There shall be established within the
  institute a research council composed of seven members to  be  appointed
  by  the  commissioner. The members shall be representative of recognized
  centers  engaged   in   the   scientific   investigation   of   acquired
  immunosuppressive diseases.
2.   The   research   council   shall   be   responsible   for  making
  recommendations to the institute for the purpose  of  carrying  out  the
  provisions  of  paragraphs  (a)  and  (b)  of subdivision one of section
  twenty-seven hundred seventy-six of this article.
3. The council shall meet at least four times a year. Special meetings
  may be called by the chairman, and shall be called by him at the request
  of the commissioner.
4. The members of the council shall receive no compensation for  their
  services,  but  shall  be  allowed  their  actual and necessary expenses
  incurred in the performance of their duties hereunder.
2023 New York Laws › PBH - Public Health › Article 27-E - The Acquired Immune Deficiency Syndrome Institute › 2778 - Advisory Council.

§  2778.  Advisory council.   1. There shall be established within the
  institute an advisory council composed of seventeen members who shall be
  appointed in the following manner:  three  shall  be  appointed  by  the
  temporary  president of the senate and one by the minority leader of the
  senate; three shall be appointed by the speaker of the assembly and  one
  by  the  minority leader of the assembly; nine shall be appointed by the
  governor. The governor shall designate  the  chairman  of  the  advisory
  council.  The  members  of  the  council  shall be representative of the
  public, educational and medical institutions, local  health  departments
  and  nonprofit organizations, including organizations providing services
  to high risk populations.
2.  The  advisory  council  shall  be  responsible  for  advising  the
  commissioner  with  respect  to  the  implementation of this article and
  shall make recommendations to the institute for the purpose of  carrying
  out  the provisions of paragraphs (c), (d) and (e) of subdivision one of
  section twenty-seven hundred seventy-six hereof.
3. The council shall meet at least four times a year. Special meetings
  may be called by the chairman, and shall be called by him at the request
  of the commissioner.
4. The members of the council shall receive no compensation for  their
  services,  but  shall  be  allowed  their  actual and necessary expenses
  incurred in the performance of their duties hereunder.
2023 New York Laws › PBH - Public Health › Article 27-E - The Acquired Immune Deficiency Syndrome Institute › 2779 - Reports by the Commissioner.

§  2779.  Reports  by the commissioner.  The commissioner shall make a
  first preliminary report to the governor  and  the  legislature  of  its
  findings,  conclusions,  and  recommendations  not  later  than December
  first, nineteen hundred eighty-three, a second preliminary report of its
  findings, conclusions and recommendations not later  than  March  first,
  nineteen  hundred  eighty-four  and  a  final  report  of  its findings,
  conclusions and recommendations not later  than  March  first,  nineteen
  hundred  eighty-five, and shall submit with its reports such legislative
  proposals as it deems necessary to implement its recommendations.
2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2781-A - Required Offering of HIV Related Testing.

§   2781-a.  Required  offering  of  HIV  related  testing.  1.  Every
  individual age thirteen and older (or younger than thirteen if there  is
  evidence or indication of risk activity) who receives health services as
  an  inpatient  or  in  the  emergency  department  of a general hospital
  defined in subdivision ten of section twenty-eight hundred one  of  this
  chapter   or  who  receives  primary  care  services  in  an  outpatient
  department of such hospital or in  a  diagnostic  and  treatment  center
  licensed under article twenty-eight of this chapter or from a physician,
  physician  assistant,  nurse  practitioner, or midwife providing primary
  care shall in accordance with subdivision one of  section  two  thousand
  seven  hundred eighty-one of this article be offered an HIV related test
  unless the health care practitioner providing such  services  reasonably
  believes that (a) the individual is being treated for a life threatening
  emergency; or (b) the individual has previously been offered or has been
  the  subject of an HIV related test (except that a test shall be offered
  if otherwise indicated); or (c) the individual lacks capacity to consent
  to an HIV related test.
2. As used in this section, "primary care" means the medical fields of
  family medicine, general pediatrics, primary  care,  internal  medicine,
  primary  care  obstetrics, or primary care gynecology, without regard to
  board certification.
3. The offering of HIV related testing under  this  section  shall  be
  culturally  and  linguistically appropriate in accordance with rules and
  regulations promulgated by the commissioner.
4. This section shall not affect the scope of practice of  any  health
  care  practitioner  or  diminish  any authority or legal or professional
  obligation of any health care practitioner to offer an HIV related  test
  or to provide services or care for the subject of an HIV related test.
2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2783 - Penalties; Immunities.

§ 2783. Penalties; immunities. 1. Any person who shall:
(a)  perform,  or permit or procure the performance of, an HIV related
test in violation of section twenty-seven  hundred  eighty-one  of  this
article; or
(b)  disclose,  or  compel  another person to disclose, or procure the
disclosure of, confidential HIV  related  information  in  violation  of
section  twenty-seven  hundred  eighty-two  of  this  article;  shall be
subject to a civil penalty not to exceed five thousand dollars for  each
occurrence.    Such  penalty  may be recovered in the same manner as the
penalty provided in section twelve of this chapter.
2. Any person who willfully commits an act enumerated  in  subdivision
one  of this section shall be guilty of a misdemeanor and subject to the
penalties provided in section twelve-b of this chapter.
3. There shall be no criminal sanction or civil liability on the  part
of,  and  no  cause  of  action  for  damages  shall  arise  against any
physician, his or her employer, or a physician's  designated  agent,  or
health  facility  or  health  care  provider with which the physician is
associated, or public health officer, on account of:
(a) the failure to disclose confidential HIV related information to  a
contact  or  person authorized pursuant to law to consent to health care
for a protected individual; or
(b) the disclosure  of  confidential  HIV  related  information  to  a
contact  or  person authorized pursuant to law to consent to health care
for a protected individual, when carried out  in  compliance  with  this
article; or
(c)  the  disclosure  of  confidential  HIV related information to any
person, agency, or officer authorized to receive such information,  when
carried out in good faith and without malice, and in compliance with the
provisions of this article; or
(d)  the  municipal  health  commissioner or district health officer's
failure to notify contacts pursuant to this chapter.
4. Any cause of action to  recover  damages  based  on  a  failure  to
provide  information, explanations, or counseling prior to the execution
of a written informed consent, or based on a lack of informed consent in
the ordering or performance of an HIV related test in violation of  this
article  shall  be  governed  by  the provisions of section two thousand
eight hundred five-d of this chapter.
2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2784 - Applicability to Insurance Institutions and Insurance Support Organizations.

§  2784. Applicability to insurance institutions and insurance support
  organizations.  Except for disclosure to  third  party  reimbursers  and
  insurance institutions pursuant to paragraphs (i) and (j) of subdivision
  one  of  section  twenty-seven  hundred  eighty-two  of this article and
  except  for  disclosures  pursuant  to  section   twenty-seven   hundred
  eighty-five  of  this  article, the provisions of this article shall not
  apply to insurance institutions  and  insurance  support  organizations,
  except that health care providers associated with or under contract to a
  health  maintenance organization or other medical services plan shall be
  subject to the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2785-A - Court Order for HIV Related Testing in Certain Cases.

§  2785-a.  Court  order  for HIV related testing in certain cases. 1.
  Notwithstanding any contrary provision of law or  regulation,  a  state,
  county  or local public health officer to whom an order or a consent for
  an HIV test is addressed or sent, in accordance with section  390.15  of
  the  criminal  procedure  law  or section 347.1 of the family court act,
  must cause HIV related testing to be administered to the  subject  named
  therein  and,  if  the test is pursuant to court order, must immediately
  provide to the court that issued the order a written  report  specifying
  the  date  on  which  such  test was completed. Such report to the court
  shall not, however, disclose the results of such test. Such officer must
  disclose the results of the testing to the victim indicated in the order
  or consent and must also disclose the  results  to  the  person  tested,
  unless  the  person  tested  has been asked to but declines to authorize
  such disclosure to himself or herself.
2. At the time of communicating the test results to the subject or the
  victim, such public health officer shall directly provide the victim and
  person tested with (a) counseling or referrals for  counseling  for  the
  purposes  specified  in  subdivision  five of section two thousand seven
  hundred eighty-one of this article; (b) counseling with  regard  to  HIV
  disease  and  HIV  testing  in  accordance  with law and consistent with
  subdivision five of section two thousand  seven  hundred  eighty-one  of
  this  article;  and (c) appropriate health care and support services, or
  referrals to such available services. If at the  time  of  communicating
  the  test results, the person tested is in the custody of the department
  of corrections and community supervision, office of children and  family
  services,  office  of mental health or a local correctional institution,
  the counseling and services required by this subdivision may be provided
  by a public health officer associated with the county or facility within
  which the person tested is confined.
3. Unless inconsistent with  this  section,  the  provisions  of  this
  article  regarding  the  confidentiality  and  disclosure of HIV related
  information shall apply to proceedings  conducted  pursuant  to  section
  390.15  of  the  criminal  procedure  law or section 347.1 of the family
  court act.
2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2787 - Separability.

§  2787.  Separability.    If any section, clause or provision of this
  article shall be deemed by any court of  competent  jurisdiction  to  be
  unconstitutional  or ineffective in whole or in part, to the extent that
  it is not  unconstitutional  or  ineffective,  it  shall  be  valid  and
  effective  and  no  other  section, clause or provision shall on account
  thereof be deemed invalid or ineffective.
2023 New York Laws › PBH - Public Health › Article 27-H* - Diabetes Research and Education Program › 2796 - Special Programs With Respect to Diabetes.

§  2796.  Special  programs with respect to diabetes. The commissioner
  shall establish within the department a program to promote research  and
  patient  education regarding diabetes. To carry out the purposes of this
  section, the commissioner shall have the following powers and duties:
1. to promote scientific investigations with respect  to  the  causes,
  prevention and treatment of diabetes;
2. to promote patient education programs designed to reduce or prevent
  the incidence and severity of diabetes;
3.  to  accept  and  expend  any  grants,  awards  or  other  funds or
  appropriations as  may  be  available  for  these  purposes  subject  to
  limitations  as  to the approval of expenditures and audit as prescribed
  for state funds by the state finance law; and
4. to enter into contracts within the amounts  available  therefor  as
  may be necessary to implement the provisions of this section.
2023 New York Laws › PBH - Public Health › Article 27-H - The Tick-Borne Disease Institute › 2797 - Tick-Borne Disease Institute.

§  2797. Tick-borne disease institute.  1. There is hereby established
  within the department the tick-borne disease  institute.  The  institute
  shall  have  responsibility  for  administering  the  provisions of this
  article and otherwise coordinating the state's policies with respect  to
  lyme disease and other tick-borne diseases.
2.  The commissioner shall appoint a director to the institute and may
  assign such personnel within the amounts appropriated as is necessary to
  carry out the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 27-H - The Tick-Borne Disease Institute › 2798 - Powers and Duties.

§   2798.   Powers   and  duties.  The  tick-borne  disease  institute
  established by section twenty-seven hundred ninety-seven of this article
  shall have the following powers and duties:
1. to develop and promote investigations into the  cause,  prevention,
  detection,   spread,  methods  of  treatment,  and  cure  of  tick-borne
  diseases; and
2. to  develop  and  promote  an  outreach  campaign  directed  toward
  targeted   high-risk  populations  to  provide  coordinated  information
  regarding the cause, prevention, detection, and treatment of  tick-borne
  disease.
2023 New York Laws › PBH - Public Health › Article 27-K - New York Wellness Works › 2799-O - New York Wellness Works; Program Established.

§  2799-o.  New  York  wellness works; program established. 1. The New
York wellness works program  is  hereby  established  as  a  partnership
between the state and employers to encourage health screening, education
and  incentives  tailored  to  employees' specific needs to help promote
health and prevent disease.
2.  Upon  the  commissioner's  approval,   and   within   the   amount
appropriated, the department shall make available grants for the purpose
of  enabling  employers  to  develop  and implement health promotion and
disease prevention initiatives. Such initiatives may include, but  shall
not be limited to:
(a)  the  compilation  of  individual  or  aggregate  employee  health
profiles, on an individual voluntary  basis,  with  recommendations  and
incentives  for  health  promotion  activities  based  on  individual or
aggregate health information; or
(b) specific screening, education and health incentives; or
(c) such other employer-based health promotion and disease  prevention
measures,  including  changes to the work environment and policy changes
in the worksite, as the commissioner may approve in accordance with this
article.
3. The department may contract with an organization  or  organizations
for  the  administration of the program, in accordance with the criteria
for participation in said program as set forth in section  two  thousand
seven hundred ninety-nine-q of this article.
4.  In  addition to any amounts as may be appropriated for grants, the
commissioner is authorized to seek and receive funds from  philanthropic
foundations and other sources to further support such purposes.
2023 New York Laws › PBH - Public Health › Article 27-K - New York Wellness Works › 2799-Q - Participation in New York Wellness Works.

§  2799-q. Participation in New York wellness works. The commissioner,
in consultation with the advisory panel, shall  establish  criteria  for
implementation  and  operation  of  the New York wellness works program,
which at a minimum shall include:
(a) applicant eligibility and selection criteria;
(b) program operating requirements and standards;
(c) employee safeguards.
2023 New York Laws › PBH - Public Health › Article 27-K - New York Wellness Works › 2799-R - Program Evaluations and Recommendations; Reports and Statewide Conference on Best Practices.

§   2799-r.  Program  evaluations  and  recommendations;  reports  and
  statewide conference on best practices. 1.  Employers  participating  in
  the  New  York  wellness  works  program  pursuant to this article shall
  report to the commissioner on  the  findings,  experience  and  benefits
  pursuant to such program.
2.  The  commissioner  shall  evaluate  and report his or her findings
  concerning the New  York  wellness  works  program,  including  but  not
  limited  to the health and cost benefits, and shall make recommendations
  for modifying, expanding or otherwise improving the program as  well  as
  recommendations  for  other  health  system  improvements  based on such
  program.  Such  report  shall  incorporate  the  information   submitted
  pursuant  to  subdivision  one of this section and shall be submitted to
  the governor, temporary president of the senate, speaker of the assembly
  and the school of public health and health professions at the university
  at Buffalo on or before February first, two thousand nine.
On or before May first, two thousand nine,  and  at  least  biennially
  thereafter,  the  commissioner  in  consultation with the advisory panel
  shall convene a statewide conference to further promote the  sharing  of
  best practices among employers and others in pursuit of the goals of the
  New York wellness works program.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2800 - Declaration of Policy and Statement of Purpose.

§  2800. Declaration of policy and statement of purpose.  Hospital and
  related  services  including  health-related  service  of  the   highest
  quality,  efficiently  provided  and  properly  utilized at a reasonable
  cost, are of vital concern to the public health. In order to provide for
  the protection and promotion of the health of  the  inhabitants  of  the
  state,   pursuant   to   section  three  of  article  seventeen  of  the
  constitution,  the  department  of  health  shall  have   the   central,
  comprehensive  responsibility  for the development and administration of
  the state's policy with respect to hospital and  related  services,  and
  all  public  and private institutions, whether state, county, municipal,
  incorporated or not incorporated, serving principally as facilities  for
  the  prevention,  diagnosis or treatment of human disease, pain, injury,
  deformity or physical condition or for the rendering  of  health-related
  service shall be subject to the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2801-C - Injunctions.

§  2801-c.  Injunctions.    The supreme court may enjoin violations or
  threatened violations of any provisions of  this  article;  and  it  may
  enjoin   violations   of  the  regulations  of  the  department  adopted
  thereunder.  Upon  request  of  the  public  health   council   or   the
  commissioner,  the  attorney  general  shall  maintain  an action in the
  supreme court in the name of the people of the state to enjoin any  such
  violation.  Notwithstanding any limitation of the civil practice law and
  rules, such court may, on motion and affidavit, and upon proof that such
  violation  is  one  which reasonably may result in injury to any person,
  whether or not such person is a party to such action, grant a  temporary
  injunction  upon such terms as may be just, pending the determination of
  the action. No security on the part of the people of this state shall be
  required. In any action for injunction brought pursuant to this article,
  any finding of the public health council or the commissioner or  hearing
  officer  designated  by either shall be prima facie evidence of the fact
  or facts found therein.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2801-F - Residential Health Care Facility Quality Incentive Payment Program.

§  2801-f.  Residential health care facility quality incentive payment
  program. Subject to amounts appropriated for the residential health care
  facility quality incentive payment program, the department  may  make  a
  payment  to  operators of residential health care facilities, located in
  social services districts which do not include a city with a  population
  of  over  one  million  persons,  that are in compliance with applicable
  statutes and regulations in order to enhance the quality of patient care
  and patient safety. Provided that prior to receiving  quality  incentive
  payment  program funds, the facility shall submit an expenditure plan to
  the department. Such plan shall detail how the quality incentive payment
  program funds will be used to improve the physical  environment  of  the
  facility or the quality of care and services rendered to residents.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2802-A - Transitional Care Unit Demonstration Program.

§   2802-a.   Transitional   care   unit   demonstration  program.  1.
Notwithstanding  any  other  provision  of  law  to  the  contrary,  the
commissioner  is  authorized to approve up to eighteen general hospitals
within the state to operate transitional care units by and  within  such
general  hospitals.  For  purposes  of this section, "transitional care"
shall mean sub acute care services provided to  patients  of  a  general
hospital  who  no  longer  require acute care general hospital inpatient
services, but continue to need specialized medical,  nursing  and  other
hospital ancillary services and are not yet appropriate for discharge.
2.  In  order  to  receive approval from the commissioner to operate a
transitional care unit and to  provide  transitional  care  services,  a
general  hospital  shall  file  an application on forms prescribed by or
acceptable to the commissioner.
(a) The commissioner shall act upon  such  applications  in  a  manner
consistent  with  section  twenty-eight  hundred  two  of  this  article
provided that the commissioner may not waive review  and  recommendation
by  the  public health and health planning council. In the public health
and  health  planning  council's  evaluation  of  applications  and  the
commissioner  acting  upon such applications, priority shall be given to
applicants who have a memorandum of understanding or  other  cooperative
agreement  with  one  or  more skilled nursing facilities located within
their service area. Further, in the public health  and  health  planning
council  evaluating  applications  and the commissioner acting upon such
applications, consideration  shall  also  be  given  to  the  geographic
distribution  of  applicants  throughout the state, so that applications
may be approved from the various geographic regions of the state.
(b) The care provided in a transitional care unit shall be limited  in
duration  and  designed  to  resolve  a patient's sub acute care medical
problems and result in the timely and appropriate discharge  of  such  a
patient to a home, residential health care facility or other appropriate
setting.
(c) In order to be approved to operate a transitional care unit and to
provide  transitional  care  services, an applicant must comply with and
meet all applicable requirements  of  and  conditions  of  participation
under title XVIII of the federal Social Security Act (Medicare).
3.  The  commissioner shall report to the governor and the legislature
concerning the implementation of  this  section  and  the  operation  of
transitional  care  units within three years after the effective date of
this section.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-A - Authority to Contract.

§  2803-a.  Authority  to  contract.  Hospitals,  including  hospitals
  described in subdivision ten of section 1.03 of the mental hygiene  law,
  are  hereby  authorized, under such rules and regulations as the council
  may authorize, to enter  into  contracts  and  make  arrangements  among
  themselves  and among other municipal, state, federal or privately owned
  hospitals, or any medical schools, or other  health  related  facilities
  having  or  utilizing  hospital  services  or  facilities  or  voluntary
  ambulance services registered or certified pursuant to article thirty of
  the public health law or nutrition programs that receive federal,  state
  or  local  government  funding,  whether or not located in this state or
  elsewhere, for the
1. mutual use, or exchange of medical  resources  including,  but  not
  limited to, real or personal property or employment of personnel;
2. joint purchases of goods, supplies and services; or
3.  development  of  medical  information,  techniques  and facilities
  useful in the progress of the medical art; reduction  of  medical  costs
  and promotion of a more efficient and effective approach to the delivery
  of health care services.
Any  contract  between any such hospitals and such voluntary ambulance
  services shall be limited to  joint  purchases  of  goods  and  supplies
  necessary  for  the support of such ambulance services or otherwise used
  by such hospitals.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-C-1 - Rights of Patients in Certain Medical Facilities; Long-Term Care Ombudsman Program.

§   2803-c-1.  Rights  of  patients  in  certain  medical  facilities;
long-term care ombudsman program. 1. Each nursing home  and  residential
health  care  facility  providing  health related service, as defined in
subdivisions two and three and paragraph  (b)  of  subdivision  four  of
section  twenty-eight  hundred  one  of  this  article,  shall post in a
conspicuous place or places where notices to residents  are  customarily
posted,  and shall provide each member of the facility's staff, and each
patient and their appointed personal representative at or prior  to  the
time   of   admission   to   the   facility,  or  at  the  time  of  the
representative's appointment, the following contact information:
(a) contact information for the state and relevant regional office  of
the  long-term  care  ombudsman  program  as provided for in section two
hundred eighteen of the elder law; and
(b) contact information for the department's  nursing  home  complaint
hotline.
2.  Nursing homes and residential health care facilities shall provide
updated contact information for the state and relevant regional  offices
of  the  long-term  care  ombudsman  program  to all residents and their
appointed personal representatives twice a year.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-E - Residential Health Care Facilities; Return and Redistribution of Unused Medication.

* §   2803-e.   Residential   health   care   facilities;  return  and
  redistribution of unused medication. 1. Notwithstanding any inconsistent
  provision of law, rule or regulation to the contrary,  the  commissioner
  is  hereby  authorized  and  directed  to  permit  either  a resident or
  consultant pharmacist in a residential health care facility to return to
  the pharmacy from which it was purchased any unused medication  provided
  that  such medication is sealed in unopened, individually packaged units
  and within the recommended period of shelf life, and provided that  such
  medication   is  not  a  controlled  substance  as  defined  in  section
  thirty-three hundred six of the public health law.
2. The pharmacy to which such medication as described  in  subdivision
  one  of  this section is returned shall be permitted to receive, restock
  and redistribute that medication.
3. The pharmacy to which such medication as described  in  subdivision
  one of this section is returned shall be required to reimburse or credit
  the  purchaser  of  that  medication  for  the unused medication that is
  restocked and redistributed. No pharmacy shall be required to accept any
  medication returned under subdivision one of this section.
4. Neither an individual patient or the  state,  if  a  patient  is  a
  recipient  of  a  state  funded  program,  shall  be  charged for unused
  medication which according to the provisions of this law is returned for
  reimbursement or credit.
* NB There are 2 § 2803-e's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-F - Respite Projects.

§  2803-f.  Respite projects. Residential health care facilities shall
  be  permitted,  with  the  prior  approval  of   the   commissioner   in
  consultation  with  the  director  of the state office for the aging, to
  participate in respite projects pursuant to section two hundred eight of
  the elder law.  No person shall receive services providing respite in  a
  residential  health  care  facility  unless  such  person  is  medically
  eligible for admission to such facility. Reimbursement for services in a
  residential health care  facility  shall  be  as  provided  in  sections
  twenty-eight  hundred  seven  and  twenty-eight  hundred  eight  of this
  article  for  skilled  nursing  facility  services   or   health-related
  services.  The  commissioner,  in  consultation with the director of the
  state office for the aging, shall promulgate rules  and  regulations  to
  implement the provisions of this section.