reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2806-B - Residential Health Care Facilities; Revocation of Operating Certificate.

§  2806-b. Residential health care facilities; revocation of operating
certificate. Upon a determination by the commissioner that  there  exist
operational  deficiencies  in  a  residential health care facility which
show:
(a)  a  condition  or  conditions  in  substantial  violation  of  the
standards  for  health, safety or patient care established under federal
or state law or regulations; or
(b) any other conditions dangerous to life, health or safety; or
(c) that there exists  in  the  facility  a  pattern  or  practice  of
habitual  violation  of  the standards of health, safety or patient care
established under federal or state law or regulations, the  commissioner
shall take the actions prescribed by section twenty-eight hundred six of
this  article  to  revoke  the  operating certificate of the residential
health care facility which was the subject of such finding and, where he
deems it to be in the public  interest,  he  may  petition  a  court  of
competent  jurisdiction  to  appoint  a  caretaker as defined in section
twenty-eight hundred one of this article. The petition, the  proceedings
and  the procedures for the appointment of a caretaker shall be governed
by the provisions of subdivision two of section twenty-eight hundred ten
of this article, and the  powers,  duties  and  rights  of  a  caretaker
appointed pursuant to this section shall be the same as those authorized
by such subdivision.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-B - Outstanding Payments and Reports Due Under Subdivision Eighteen of Section Twenty-Eight Hundred Seven-C, Sections Twenty-Eight Hundred Seven-D,twenty

§  2807-b.  Outstanding  payments  and  reports  due under subdivision
  eighteen of section twenty-eight hundred seven-c, sections  twenty-eight
  hundred  seven-d,  twenty-eight  hundred  seven-j,  twenty-eight hundred
  seven-s and twenty-eight hundred seven-t of this article. 1. If there is
  a basis for  estimating  the  amount  of  outstanding  payments  due  in
  accordance  with  subdivision  eighteen  of section twenty-eight hundred
  seven-c of this article,  and  sections  twenty-eight  hundred  seven-d,
  twenty-eight   hundred   seven-j,   twenty-eight   hundred  seven-s  and
  twenty-eight hundred seven-t of this  article,  the  commissioner  shall
  bill  applicable  providers  and payors for such payments, including any
  interest and penalties set forth in this article, no later  than  ninety
  days after each calendar quarter following enactment of this section.
2.  If  there  is  no  basis  for estimating the amount of outstanding
  payments  due  in  accordance  with  subdivision  eighteen  of   section
  twenty-eight  hundred seven-c of this article, and sections twenty-eight
  hundred seven-d,  twenty-eight  hundred  seven-j,  twenty-eight  hundred
  seven-s   and   twenty-eight   hundred  seven-t  of  this  article,  the
  commissioner shall notify applicable providers and payors of outstanding
  reports and payments no later  than  ninety  days  after  each  calendar
  quarter  following the effective date of this section. Such notice shall
  include information regarding any interest, penalties or other sanctions
  which may be implemented in accordance with this article.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-DD - Temporary Nursing Home Stability Contributions.

§   2807-dd.   Temporary  nursing  home  stability  contributions.  1.
  Notwithstanding any contrary provision of law and subject to the receipt
  of all necessary federal approvals or waivers, for periods on and  after
  April  first,  two  thousand  eleven, a temporary nursing home stability
  contribution shall be imposed on the gross receipts of each  residential
  health  care  facility  equal  to  four  tenths  of  one percent of such
  receipts and provided further, however, that on and after  April  first,
  two  thousand  twelve  through October thirty-first, two thousand twelve
  such contributions shall be reduced to two tenths of  one  percent,  and
  provided  further,  however,  that  on  and  after  November  first, two
  thousand twelve, such contributions shall be reduced to zero.
2. The gross receipts subject to this section shall be as  defined  in
  paragraph  (b)  of  subdivision  three  of  section twenty-eight hundred
  seven-d of this article and shall include income from all  patient  care
  services  and  other  operating  income  on  a cash basis, but excluding
  revenue  received  pursuant  to  the  federal  Medicare   program.   The
  contributions  described  in  this  section  shall  be  administered  in
  accordance with and subject to  the  provisions  of  subdivisions  four,
  five, six, seven, eight, nine and twelve of section twenty-eight hundred
  seven-d  of  this  article,  provided,  however, that such contributions
  shall not be an allowable cost in  the  determination  of  reimbursement
  rates of payment computed pursuant to this article.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-D-1 - Hospital Quality Contributions.

§  2807-d-1.  Hospital  quality  contributions. 1. Notwithstanding any
  contrary provision of law and subject to the receipt  of  all  necessary
  federal  approvals  or waivers, for periods on and after July first, two
  thousand  eleven,  a  quality  contribution  shall  be  imposed  on  the
  inpatient  revenue  of  each  general  hospital that is received for the
  provision of inpatient obstetrical patient care services  in  an  amount
  equal  to  one  and  six-tenths  percent  of such revenue, as defined in
  accordance  with  paragraph  (a)  of  subdivision   three   of   section
  twenty-eight hundred seven-d of this article, provided, however, that in
  the  event  the  commissioner,  in consultation with the director of the
  budget, determines that such quality contribution shall raise less  than
  or   more  than  the  total  quality  collection  amount  set  forth  in
  subdivision two of this section, the commissioner, in consultation  with
  the  director  of  the  budget,  may  promulgate  regulations,  and  may
  promulgate emergency regulations, increasing or decreasing such  quality
  contributions  by  amounts  sufficient  to ensure the collection of such
  annual quality contribution amount.
2. The annual quality contribution amount  referenced  in  subdivision
  one of this section shall be thirty million dollars for the state fiscal
  year beginning April first, two thousand eleven, and for each subsequent
  state  fiscal  year  thereafter  it shall be the amount of the preceding
  year as increased by  the  ten  year  rolling  average  of  the  medical
  component  of the consumer price index as published by the United States
  department of labor, bureau of labor statistics, for the  preceding  ten
  years.
3.  The  quality  contributions  described  in  this  section shall be
  administered in  accordance  with  and  subject  to  the  provisions  of
  subdivisions  four,  five,  six,  seven,  eight  and  twelve  of section
  twenty-eight hundred seven-d of this article,  provided,  however,  that
  such quality contributions shall be deposited in the HCRA resources fund
  as  established  pursuant  to section ninety-two-dd of the state finance
  law; and provided further, however, that such contributions shall not be
  an allowable cost in the determination of reimbursement rates of payment
  computed pursuant to this article.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-FF - New York Managed Care Organization Provider Tax.

§  2807-ff.  New  York  managed care organization provider tax. 1. The
commissioner, subject to the approval of the  director  of  the  budget,
shall:  apply  for a waiver or waivers of the broad-based and uniformity
requirements related to the establishment of a  New  York  managed  care
organization  provider  tax  (the "MCO provider tax") in order to secure
federal financial participation for the costs of the medical  assistance
program;  issue  regulations  to  implement  the  MCO provider tax; and,
subject to approval by the centers for medicare and  medicaid  services,
impose  the  MCO  provider  tax  as  an assessment upon insurers, health
maintenance organizations, and managed care organizations  offering  the
following plans or products:
(a)  Medical  assistance  program  coverage  provided  by managed care
providers pursuant to section three hundred sixty-four-j of  the  social
services law;
(b)  A  child  health  insurance  plan  certified  pursuant to section
twenty-five hundred eleven of this chapter;
(c) Essential  plan  coverage  certified  pursuant  to  section  three
hundred sixty-nine-gg of the social services law;
(d)  Coverage purchased on the New York insurance exchange established
pursuant to section two hundred sixty-eight-b of this chapter; or
(e) Any other comprehensive coverage subject to  articles  thirty-two,
forty-two and forty-three of the insurance law, or article forty-four of
this chapter.
2.  The  MCO provider tax shall comply with all relevant provisions of
federal laws, rules and regulations.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-O - Early Intervention Services Pool.

§  2807-o.  Early  intervention  services  pool.  1.  Definitions. The
following words or phrases as  used  in  this  section  shall  have  the
following meanings:
(a)  "Early intervention services" shall mean services delivered to an
eligible child, pursuant to an individualized family service plan  under
the early intervention program.
(b)  "Early  intervention  program"  shall mean the early intervention
program for toddlers with disabilities and their families as created  by
title two-A of article twenty-five of this chapter.
(c)  "Municipality"  shall  mean any county outside of the city of New
York or the city of New York.
2. Payments for early  intervention  services.  (a)  The  commissioner
shall,  from  funds  allocated  for  such purpose under paragraph (g) of
subdivision six of section twenty-eight hundred seven-s of this article,
make payments to municipalities and the state for the delivery of  early
intervention services.
(b)  Payments  under  this subdivision shall be made to municipalities
and the state by the commissioner. Each municipality and  the  state  of
New   York  shall  receive  a  share  of  such  payments  equal  to  its
proportionate  share  of  the  total  approved  statewide  dollars   not
reimbursable  by  the  medical  assistance  program paid to providers of
early intervention services by the state and municipalities  on  account
of  early  intervention  services in the last complete state fiscal year
for which such data is available.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-R - Funding for Expansion of Cancer Services.

§  2807-r.  Funding for expansion of cancer services. To the extent of
  funds  available  therefor  pursuant  to  section  twenty-eight  hundred
  seven-l  of  this  article,  the  commissioner  may  allocate  funds for
  competitive grants or reimbursement for the expansion of cancer services
  into medically underserved or high need areas or  medically  underserved
  populations,   and  for  training  programs  for  physicians  and  other
  practitioners from medically underserved areas to upgrade their training
  and education in relation to providing cancer education,  detection  and
  treatment services in such areas.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-U - Transfers for Tax Credits.

§  2807-u.  Transfers for tax credits. Upon receipt of the report from
  the  commissioner  of  taxation  and  finance   required   pursuant   to
  subdivision (i) of section fifteen hundred eleven of the tax law and the
  report  from  the superintendent of financial services required pursuant
  to section one thousand one hundred twelve-a of the insurance  law,  the
  director of the budget shall forward such reports to the commissioner of
  health.  Within ten days of receipt of such reports, the commissioner of
  health  or  the  commissioner of health's designee, from funds allocated
  for  distribution  in  accordance  with  paragraphs  (a)  and   (c)   of
  subdivision  seven  of  section  twenty-eight  hundred  seven-s  of this
  article, shall pay over to the state comptroller for  deposit  into  the
  state's  general  fund the amounts specified therein as representing (1)
  the amount of credits claimed under subdivision (i) of  section  fifteen
  hundred  eleven of the tax law and (2) the amount by which taxes due and
  owing pursuant to  section  one  thousand  one  hundred  twelve  of  the
  insurance  law  were reduced because the amounts imposed and required to
  be paid pursuant to section twenty-eight hundred seven-t of this article
  were allowed as credits in assessing the taxes imposed by  such  section
  one thousand one hundred twelve.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2807-Y - Pool Administration.

§  2807-y.  Pool  administration.  1. For periods on and after January
first, two thousand five, the commissioner  is  authorized  to  contract
with  the  article  forty-three  insurance  law  plans,  or  such  other
contractors  as  the  commissioner  shall  designate,  to  receive   and
distribute   funds  from  the  allowances  and  assessments  established
pursuant to:
(a) subdivision eighteen of section twenty-eight  hundred  seven-c  of
this article;
(b) section twenty-eight hundred seven-j of this article;
(c) section twenty-eight hundred seven-s of this article;
(d) section twenty-eight hundred seven-t of this article;
(e) section twenty-eight hundred seven-v of this article;
(f) section twenty-eight hundred seven-d of this article;
(g) section thirty-six hundred fourteen-a of this chapter;
(h)  section  three  hundred sixty-seven-i of the social services law;
and
(i) section twenty-eight hundred seven-ff of this article.
2. In the event contracts with the article forty-three  insurance  law
plans   or   other   commissioner's   designees   are  effectuated,  the
commissioner shall conduct annual audits of the receipt and distribution
of the funds and beginning January first,  two  thousand  sixteen  shall
provide  records of all revenues and disbursements made from allocations
and assessments listed  in  subdivision  one  of  this  section  to  the
temporary  president  of  the  senate  and speaker of the assembly on an
annual basis.
3. The reasonable costs and expenses of an administrator  as  approved
by  the  commissioner, not to exceed for personnel services on an annual
basis four  million  five  hundred  fifty  thousand  dollars,  increased
annually  by  the lower of the consumer price index or five percent, for
collection and distribution of allowances and assessments set  forth  in
subdivision  one  of  this section, shall be paid from the allowance and
assessment funds.
4. Notwithstanding any inconsistent provision of section  one  hundred
twelve  or one hundred sixty-three of the state finance law or any other
law, at the discretion of the commissioner without a competitive bid  or
request  for proposal process, contracts in effect for administration of
the allowances and assessments set forth  in  subdivision  one  of  this
section for the period January first, two thousand four through December
thirty-first,   two  thousand  four  may  be  extended  to  provide  for
administration of  the  allowances  and  assessments  pursuant  to  this
section and amended as necessary.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2808-A - Liability of Certain Persons.

§  2808-a.  Liability  of  certain persons.   1. Every person who is a
  controlling person of any residential health care facility liable  under
  any  provision  of  this  article  to any person or class of persons for
  damages or to the state for  any  civil  fine,  penalty,  assessment  or
  damages,  shall  also  be liable, jointly and severally, with and to the
  same extent as such residential health care facility, to such person  or
  class  of  persons  for damages or to the state for any such civil fine,
  penalty, assessment or damages.
2.  For  purposes  of  this  section,  a  "controlling  person"  of  a
  residential  health care facility shall be deemed to mean any person who
  by reason of a direct or indirect ownership interest (whether of  record
  or  beneficial)  has the ability, acting either alone or in concert with
  others with ownership interests, to direct or cause the direction of the
  management or policies of said facility.  Neither the  commissioner  nor
  any  employee  of  the  department nor any member of a local legislative
  body of a county or municipality, nor any county or  municipal  official
  except  when  acting  as  the administrator of a residential health care
  facility, shall, by reason of his or her official position, be deemed to
  be a controlling person of any  residential  health  care  facility  nor
  shall  any  person  who  serves  as  an  officer, administrator or other
  employee or as a member of a board  of  directors  or  trustees  of  any
  facility  be  deemed  to  be  a controlling person of said facility as a
  result of such position or his or her official actions in such position.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2808-B - Certification of Financial Statements and Financial Information.

§   2808-b.   Certification  of  financial  statements  and  financial
information.   1. All  financial  statements  or  financial  information
required  by  law  or  regulation  to  be submitted by a nursing home or
facility providing health-related service shall be  certified  in  their
entirety  by  an  independent certified public accountant or independent
public accountant. The commissioner shall by  regulation  establish  the
form  of  certification  which  shall  ensure  that the certified public
accountant or public accountant:
(a) has disclosed any and all material facts known to him,  disclosure
of  which  is  necessary  to  make the financial statements or financial
information not misleading; and
(b) during the period of his professional engagement, at the  time  of
expressing  his  opinion,  or during the period covered by the financial
statements, did not have  nor  was  committed  to  acquire,  any  direct
financial  interest  or  material  indirect  financial  interest  in the
ownership or operation of the nursing home or facility; and
(c) during the period of his professional engagement, at the  time  of
expressing  his  opinion  or  during the period covered by the financial
statements, was not connected in any way with the  ownership,  financing
or  operation  of the nursing home or facility as a director, officer or
employee, or in any capacity other  than  as  an  independent  certified
public accountant or independent public accountant; and
(d)  subsequent  to  such  certification  discloses  any material fact
discovered by him which existed at the time of  such  certification  and
was  not disclosed in the financial statements or financial information,
the disclosure of which is necessary to make the financial statements or
financial  information  not  misleading  and  discloses   any   material
misstatement in said financial statements or financial information.
2.   Any   person   submitting  a  financial  statement  or  financial
information which he  knows  to  be  false  or  certifying  a  financial
statement  or  financial information which he knows to be false shall be
guilty of a class E felony.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2808-E*2 - Nursing Home Ratings.

* §  2808-e.  Nursing  home ratings. 1. The commissioner shall provide
  that the most recent star rating of every nursing home facility  in  the
  state,  assigned  pursuant  to  the inspection rating system of the U.S.
  Centers for Medicare and Medicaid Services (overall CMS  rating),  shall
  be  prominently  displayed on the home page of the department's website,
  or by an easily accessible link to such information.
2. Each nursing home facility shall post its overall CMS rating on the
  homepage of any website maintained by such facility and on  any  website
  or  webpage relating to such facility maintained by an entity which owns
  or operates such facility. Each nursing home  shall  also  conspicuously
  post  its  most  recent  overall CMS rating so that it is visible to the
  general public and to residents.
* NB There are 2 § 2808-e's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2809 - Residential Health Care Facilities; Powers to Require Security.

§   2809.  Residential  health  care  facilities;  powers  to  require
  security.  1. If a residential health care facility receives a rating in
  the lowest category which may be assigned pursuant to subdivision one of
  section twenty-eight hundred three of this chapter, the commissioner may
  require, as a condition of continuing  to  operate,  that  the  facility
  obtain financial security to ensure that future obligations will be met,
  which security may be of a form that the commissioner deems appropriate,
  and which shall be in an amount determined necessary by the commissioner
  after  considering  the  rating  of  the  facility;  deficiencies in its
  overall condition and its operating practices; the size of the facility;
  the ease or difficulty of obtaining given types  of  security;  and  the
  financial  burden  of  obtaining particular types of security; but in no
  case shall such amount exceed twenty-five thousand dollars.
2. If the commissioner obtains the agreement of any such  facility  to
  correct  or  eliminate  any  deficiency,  by  release or compromise of a
  penalty or for any other reason, he  may  require  as  a  part  of  such
  agreement  that  the facility obtain security in an amount sufficient to
  ensure that the agreement be upheld, which  security  may  take  a  form
  which the commissioner deems appropriate.
3.  If  for  any  reason  the security required by the commissioner is
  depleted, either wholly or partially by civil penalties assessed by  the
  commissioner or for any other cause, the commissioner may require, after
  considering   those  factors  which  were  applicable  to  the  original
  requirement of security, that  the  amount  of  security  be  wholly  or
  partially   replenished,  or  that  the  total  amount  of  security  be
  increased; but  in  no  case  shall  such  security  exceed  twenty-five
  thousand dollars at one time.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2811 - Discounts and Splitting Fees With Medical Referral Services; Prohibited.

§  2811.  Discounts and splitting fees with medical referral services;
  prohibited.  No hospital or facility delivering health care shall  grant
  or  receive a discount to or from any medical referral service or in any
  manner split fees with a medical referral service.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2812 - Construction.

§  2812.  Construction. Notwithstanding the provisions of any general,
  special or local law, or any city charter or administrative code to  the
  contrary,  no  county,  town,  village  or  city shall enact and enforce
  regulations and standards for hospitals, except for hospitals maintained
  and operated by the health services administration of the  city  of  New
  York or the New York city health and hospitals corporation.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2813 - Separability.

§ 2813. Separability. If any clause, sentence, paragraph, subdivision,
  section  or  part  of  this  article  shall  be adjudged by any court of
  competent jurisdiction to be invalid, the  judgment  shall  not  affect,
  impair,  or  invalidate  the remainder thereof, but shall be confined in
  its operation to the clause, sentence, paragraph,  subdivision,  section
  or  part  thereof  directly  involved  in  the  controversy in which the
  judgment shall have been rendered.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2820 - Home Based Primary Care for the Elderly Demonstration Project.

* §  2820.  Home  based  primary  care  for  the elderly demonstration
  project.  1. Notwithstanding any law to the  contrary  there  is  hereby
  created  a  demonstration program within the department to determine the
  effectiveness of providing home based primary care services  to  elderly
  patients as part of an integrated program of long term care services. As
  part   of  the  demonstration  program  a  selected  provider  shall  be
  authorized to provide physician, nurse-practitioner, physician assistant
  and nursing services in the home of patients age sixty-five or older and
  to other patients eligible for benefits pursuant to title XVIII  of  the
  federal social security act.
2.  The  department  may  approve up to three providers as part of the
  demonstration program.
3. In order to be an eligible provider an applicant must  be  licensed
  to  provide residential health care services. In addition such applicant
  must  also  provide  the  following  services:  on-site   rehabilitative
  services,  continuing  care  retirement  community  licensed pursuant to
  article forty-six of this chapter or other residential services for  the
  elderly  or  disabled  licensed  by  the state and adult day services as
  authorized by the department.
4. Any provider selected to participate in the  demonstration  program
  shall  annually  report  to  the  department  on  the number of patients
  served, the type of services provided, the cost of  such  services,  the
  sources  of payment for such services, the number of patients served who
  no longer remain in their homes and such other information  as  required
  by  the  department  to  determine the effectiveness of the provision of
  home based physician and nurse-practitioner services on the health  care
  of patients.
* NB Repealed January 1, 2026
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2822 - Residential Care Off-Site Facility Demonstration Project.

* § 2822. Residential care off-site facility demonstration project. 1.
  Notwithstanding  any  law  to  the  contrary,  there is hereby created a
  demonstration program within  the  department  to  assess  reimbursement
  methodologies  and delivery methods in conjunction with the provision of
  physical,  occupational,  and  speech  therapy  and  related   education
  services provided by licensed professionals acting within their scope of
  practice  and  employed  by  a  residential  health  care facility at an
  off-site facility operated by a residential  health  care  facility.  As
  part  of  the  demonstration  program,  a  selected  provider  shall  be
  authorized to provide such therapy and related services for  persons  in
  need of such care.
2.  The  department  may  approve up to three providers as part of the
  demonstration program.
3. In order to be an eligible provider an applicant must be issued  an
  operating  certificate  for  the  provision  of  residential health care
  services pursuant to this article which shall include a  certificate  to
  provide  on-site  outpatient services and demonstrate that the provision
  of all physical, occupational, and speech therapy and related  education
  services  provided  at  the off-site facility will be in accordance with
  all applicable safety standards set forth in state and local law.
4. Any provider selected to participate in the  demonstration  program
  shall  annually  report  to  the  department  on  the number of patients
  served, the type of services provided, the cost of  such  services,  the
  sources  of payment for such services, safety standards in place for the
  provisions of such services and such other information  as  required  by
  the  department to develop reimbursement methodologies and fee schedules
  for limited services and to determine the effectiveness of the provision
  of therapy and related services at an off-site facility  operated  by  a
  residential  health  care  facility. During the demonstration period, an
  eligible provider approved for the purposes of this  section  shall  not
  have  their  medical  assistance rates adjusted for any additional costs
  related to such demonstration project.
* NB Repealed June 30, 2024
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2827 - Plant-Based Food Options.

§  2827. Plant-based food options. 1. Upon request by a patient or the
patient's lawful representative in a  hospital  providing  inpatient  or
residential  care,  the  hospital  shall offer the patient a plant-based
food option as an alternative to every meal or  snack  offered  in  food
service  to  the patient. All the hospital's written material describing
food offerings shall include the  availability  of  a  plant-based  food
option.  The  plant-based  food option shall be offered at no additional
cost to the patient beyond  what  would  be  charged  for  a  comparable
non-plant-based food option.
2.  The  hospital shall respond in a reasonable manner and time to any
request made under this section. The  request  shall  be  effective  for
every hospital meal or snack in which the patient is reasonably expected
to   participate.  This  section  does  not  preclude  the  offering  of
plant-based food options to patients who have not requested it, and does
not preclude an individual who has requested a plant-based  food  option
from selecting a non-plant-based food option.
3. As used in this section:
(a) "Plant-based food option" means a food or beverage that is free of
animal  products  and  that  has  nutritional  value  comparable  to the
non-plant-based food option that it replaces.
(b) "Animal product" means meat, poultry, seafood, dairy, eggs, honey,
and any derivative thereof.
4. This  section  shall  not  apply  to  patient  nutritional  support
products  including,  but  not  limited to, infant formulas, nutritional
modulars, oral nutritional supplements, enteral nutrition formulas,  and
parenteral  or  intravenous nutrition, prescribed or ordered by a health
care  professional,  licensed,  certified  or  otherwise  authorized  to
practice  under  title  eight  of  the  education law, acting within the
professional's lawful scope of practice. However,  where  a  request  is
made   under  subdivision  one  of  this  section,  and  a  health  care
professional  is  considering  prescribing   or   ordering   a   patient
nutritional  support  product  under  this  subdivision, the health care
professional shall consider and advise the requester whether a medically
suitable plant-based food option is reasonably available.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2828*2 - Essential Support Persons Allowed for Individuals With Disabilities During a State of Emergency.

* §  2828.  Essential  support  persons  allowed  for individuals with
disabilities during a state  of  emergency.  1.  For  purposes  of  this
section, the following terms shall have the following meanings:
(a)  "Disability"  shall mean any condition or disorder which prevents
or makes difficult for  an  individual  the  ability  to  communicate  a
medical  condition  or  certain  specific  medical  or  everyday  needs,
including, but not limited to, autism or cerebral palsy.
(b) "Essential support person" shall mean an individual who frequently
accompanies and assists an individual with a  disability  with  managing
and  communicating  basic  or medical needs and is considered a critical
member of such individual's health care team.
2. (a) No general hospital shall establish any rules or regulations in
response to a pandemic or  state  disaster  emergency  declared  by  the
governor,  prohibiting  a  patient  who  suffers  from a disability from
having access to an essential support person for the duration  of  their
hospitalization from intake to discharge.
(b)  An  individual  with  a  disability or the legal guardian for the
individual shall be allowed to  designate  a  single  primary  essential
support  person  to assist with communicating medical needs and managing
everyday needs during hospitalization and such essential support  person
shall be limited to such individual's parent, spouse or caretaker.
* NB There are 2 § 2828's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2829 - Nursing Homes; Disclosure Requirements.

§  2829.  Nursing  homes;  disclosure  requirements. 1. A nursing home
shall post maximum rates to be charged for residency and services  on  a
publicly  accessible website. Such posting shall be updated on an annual
basis no later than April first of each year. Such posting shall  detail
rates for each non-governmental payer source.
2. A nursing home shall:
(a)  publicly  list all owners on a website maintained by the facility
and shall submit such list to the department for posting on its  website
and  update  such  information  within  thirty  days  of  any  change or
transaction affecting ownership;
(b) publicly disclose on such facility's website and regularly  update
the  name  and  business  address  of  any  landlord  of such facility's
premises; and
(c) publicly provide a summary of all contracts for provision of goods
or services for which such facility pays with any portion of Medicaid or
Medicare funds or other agreements entered into by the nursing  home  on
its  website  within  thirty  days  of  execution  of  such agreement or
contract.
3. The commissioner may make regulations necessary or  appropriate  to
implement this section.
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2830 - Surgical Smoke Evacuation.

* §  2830.  Surgical  smoke  evacuation.  Every  general  hospital and
  ambulatory surgery facility licensed under this article shall adopt  and
  implement policies to prevent exposure to surgical smoke through the use
  of  an  airborne  contaminant  evacuation system for each procedure that
  generates surgical smoke. This section does not apply to a facility that
  does not perform procedures that generate surgical  smoke.  As  used  in
  this  section,  "surgical  smoke" means the by-product that is generated
  from the use of an energy generating  surgical  device,  including,  but
  shall  not  be  limited  to,  surgical plume, smoke plume, bio-aerosols,
  laser-generated airborne contaminants, and lung damaging dust.  As  used
  in  this  section,  "airborne contaminant evacuation system" means smoke
  evacuation equipment and technologies designed to  capture,  filter  and
  remove  surgical  smoke  at  the  site of origin and before the surgical
  smoke makes ocular contact or contact with the respiratory tract of  any
  individual.
* NB There are 2 § 2830's
2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2830*2 - Regulation of the Billing of Facility Fees.

* §  2830.  Regulation  of  the  billing  of facility fees. 1. For the
  purposes of this section, "fee" means any amount charged or billed by  a
  provider   for   professional   health   care  services  provided  in  a
  hospital-based facility.
2. No hospital or health system or health care provider shall bill  or
  seek  payment  from  a patient for a facility fee that is not covered by
  the patient's health insurance carrier unless the patient  was  notified
  prior to the date of service that a facility fee would be applicable. If
  a  health  care  provider  enters  into  a  business relationship with a
  hospital or health system that will result in  the  provider's  patients
  being subject to facility fees, the health care provider must notify its
  patients  of the change and that facility fees will now be applicable to
  services received from the health care provider.  The  notice  shall  be
  provided  in  writing  at  least  seven  days in advance of each date of
  service and shall explain the amount of the fee, the purpose of the fee,
  whether the patient's insurance plan will pay the fee, and for uninsured
  patients, how to apply for  financial  assistance.  If  advance  written
  notice  is infeasible because the visit was secured less than seven days
  in advance, then a written notice shall be  provided  on  the  date  the
  service  is  rendered. The notice shall be provided in plain language in
  conspicuous twelve-point bold face type and shall be  available  in  the
  top  six  languages  spoken  in the hospital's service area. In no event
  shall a facility fee be charged for services related to the provision of
  preventive care service as  defined  by  the  United  States  Preventive
  Services Task Force.
* NB There are 2 § 2830's
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2851 - Policy and Purposes of Article.

§  2851.  Policy and purposes of article. It is hereby declared that a
  serious shortage of safe and sanitary nursing  home  accommodations  for
  persons of low income, whose need for combined nursing care, lodging and
  board  cannot  readily be provided by the ordinary unaided operations of
  private enterprise, exists in many  communities  throughout  the  state;
  that  there  is  need for non-profit corporations to construct, acquire,
  reconstruct, rehabilitate and improve, with loan  participation  by  the
  New York state housing finance agency or the New York state medical care
  facilities  finance  agency,  as  the case may be, low cost nursing home
  accommodations, including such other facilities as may be incidental and
  appurtenant thereto, to meet  such  needs  in  furtherance  of  articles
  seventeen and eighteen of the constitution, and for public assistance to
  such  companies by the granting of tax exemptions; that it is the policy
  of  the  state  to  promote  the  provision   of   such   nursing   home
  accommodations and that such provision is a public use and purpose.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2854 - Consent of Commissioner.

§  2854.  Consent of commissioner. Whenever any such certificate shall
  be presented  to  the  secretary  of  state,  he  shall  not  file  such
  certificate  unless  there shall accompany the same a certificate of the
  commissioner that he consents to the filing  of  such  certificate;  nor
  shall  any amendment to the certificate of incorporation be filed unless
  it is accompanied  by  a  certificate  of  the  commissioner  consenting
  thereto.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2855 - Prerequisites to Consent of Commissioner.

§  2855.  Prerequisites  to  consent of commissioner. The commissioner
  shall not approve any such certificate or amendment thereto  unless  and
  until  there is endorsed thereon or annexed thereto the written approval
  of the public health council in accordance  with  section  two  thousand
  eight hundred one-a of the public health law.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2857 - Members, Officers and Directors.

§ 2857. Members, officers and directors. 1. No member or director of a
  company  shall  receive any salary or other compensation for services as
  such  member  or  director,  other  than  reimbursement  of  actual  and
  necessary expenses incurred in the performance of his duties. No member,
  officer,  or employee of a company shall acquire any interest, direct or
  indirect, in any property then or thereafter included or planned  to  be
  included  in  a  project, nor retain any interest, direct or indirect in
  any property acquired subsequent to his appointment or employment  which
  is later included or planned to be included in a project. If any member,
  officer  or employee of any company owns or controls an interest, direct
  or indirect, in any property included in a project, which  was  acquired
  prior  to his appointment or employment, he shall disclose such interest
  and the date of acquisition thereof in writing to the company  and  such
  disclosure shall be entered upon the minutes of the company.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2858 - Loans.

§  2858. Loans.  1. Any nursing home company formed under this article
  may, subject to the approval of the commissioner, borrow funds from  the
  New York state housing finance agency or the New York state medical care
  facilities finance agency, as the case may be, and the repayment thereof
  may  be  secured  by  bond or note and mortgage or other agreement which
  shall contain such terms and conditions as may be  deemed  necessary  or
  desirable  by  the New York state housing finance agency or the New York
  state medical care facilities finance agency, as the  case  may  be,  or
  required  by  any  agreement  between the New York state housing finance
  agency or the New York state medical care facilities finance agency,  as
  the  case may be, and the holders of its notes and bonds with respect to
  nursing home companies, including the right to assignment of  rates  and
  charges  and entry into possession in case of default, but the operation
  of such project, in the  event  of  such  entry,  shall  be  subject  to
  regulations promulgated by the commissioner.
2.  The  New  York  state housing finance agency or the New York state
  medical care facilities finance agency, as the case may be, may  make  a
  contract  to  make  loans  to  non-profit  nursing home companies not to
  exceed the  total  project  cost  and  to  limited-profit  nursing  home
  companies  not  to  exceed  ninety-five  per centum of the total project
  cost. Any loan which constitutes a mortgage loan as defined in  the  New
  York  state  medical care facilities finance agency act shall be secured
  by a first mortgage lien upon all the real property and improvements  of
  which  the  project  consists  and  upon  all  fixtures  and articles of
  personal property attached to or used in connection with  the  operation
  of  the  project.  Notwithstanding  the  foregoing  provisions  of  this
  subdivision or any other provision of this article to the contrary,  any
  personal property may be excluded from the lien of the mortgage securing
  such  a  mortgage  loan  provided  (a)  the commissioner finds that such
  property is not essential for the nursing home project as such  term  is
  defined  in  this  article,  and  (b) the New York State housing finance
  agency or the New York state medical care facilities finance agency,  as
  the case may be, consents to such exclusion.
3.  Any inconsistent provision of law to the contrary notwithstanding,
  mortgages of a nursing home company shall be exempt  from  the  mortgage
  recording taxes imposed by article eleven of the tax law.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2859 - Conditions and Security for Loans.

§  2859.  Conditions  and security for loans. No loan shall be made by
the New York state housing finance agency or the New York state  medical
care  facilities  finance agency to a company until the commissioner has
approved the project and finds that:
(1) The company has complied with all of  the  provisions  of  article
twenty-eight of this chapter and this article;
(2)  The  plans  and specifications conform to the requirements of all
laws and regulations applicable thereto and assure adequate light,  air,
sanitation and fire protection and are satisfactory to him;
(3)  The  estimated revenue of the project will be sufficient to cover
all probable costs of operation and maintenance, of  fixed  charges  and
such  reserves  as  may be authorized by the commissioner or required by
the New York state housing finance agency or the New York state  medical
care facilities finance agency, as the case may be;
(4)  Provision  has  been  made  for  the purpose of providing for the
payment of the difference, if any, between the  estimated  project  cost
and  the  loan; and in the event the final project cost shall exceed the
estimated project cost, the difference between such final  project  cost
and the loan;
(5)  Provision  has  been  made for the filing by the company with the
commissioner and the New York state housing finance agency  or  the  New
York  state  medical care facilities finance agency, as the case may be,
of such financial statements including an annual  report  setting  forth
such information as the commissioner may require; and
(6)  Provision  has  been made for the examination by the commissioner
and the New York state housing finance agency  or  the  New  York  state
medical care facilities finance agency, as the case may be, of the books
and records of the company.
2023 New York Laws › PBH - Public Health › Article 28-A - Nursing Home Companies › 2860 - Rental Rates and Selection of Occupants.

§  2860.  Rental rates and selection of occupants. 1. A company shall,
  with the approval of the commissioner, fix maximum rates to  be  charged
  occupants  of  each nursing home project for the facilities and services
  provided by the company to such occupants and the maximum  rates  to  be
  charged  to  persons  of low income who are not occupants of the project
  for the nursing care and health-related  service,  or  either  of  them,
  provided  by  the company to such persons, the average of such rates for
  any one project not to exceed the maximum average  rates  determined  by
  the  commissioner before any commitments are made by the company for the
  construction of the project. The commissioner upon his  own  motion,  or
  upon  application  by  the  company or lienholder may vary the amount of
  such charge from time to time so as to secure, together with  all  other
  income  of  the  company,  sufficient  income to meet, within reasonable
  limits, all necessary payments by the  said  company  of  all  expenses,
  including fixed charges, sinking funds and reserves.
2.  The  facilities  and services provided by the company to occupants
  shall be available for persons of low income, whose  probable  aggregate
  annual  income  at  the  time  of  admission  and  during  the period of
  occupancy does not exceed two times the annual charges  to  be  paid  by
  such  persons.  Nursing  care  and  health-related service, or either of
  them, shall be available to persons of low income who are not  occupants
  of  the  project  whose probable annual income does not exceed two times
  the average  annual  charge  made  to  occupants  of  the  project.  The
  commissioner  may  make rules and regulations relating to the allocation
  of the income of a family among the members thereof for the  purpose  of
  determining the income attributable to any one person for the purpose of
  this subdivision.