2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2801 - Definitions.

§  2801.  Definitions. The following words or phrases, as used in this
article, shall have the following meanings, unless the context otherwise
requires:
1. "Hospital" means a facility or institution engaged  principally  in
providing services by or under the supervision of a physician or, in the
case  of  a dental clinic or dental dispensary, of a dentist, or, in the
case of a midwifery birth center, of  a  midwife,  for  the  prevention,
diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
physical condition, including, but not limited to, a  general  hospital,
public  health  center,  diagnostic  center,  treatment  center, a rural
emergency hospital under 42 USC  1395x(kkk),  or  successor  provisions,
dental  clinic,  dental  dispensary,  rehabilitation center other than a
facility  used  solely  for  vocational  rehabilitation,  nursing  home,
tuberculosis  hospital,  chronic  disease  hospital, maternity hospital,
midwifery  birth  center,   lying-in-asylum,   out-patient   department,
out-patient  lodge,  dispensary  and  a  laboratory  or  central service
facility serving one or more such institutions, but  the  term  hospital
shall  not  include an institution, sanitarium or other facility engaged
principally in providing  services  for  the  prevention,  diagnosis  or
treatment  of  mental  disability  and which is subject to the powers of
visitation, examination, inspection and investigation of the  department
of  mental  hygiene  except  for those distinct parts of such a facility
which provide hospital service. The provisions of this article shall not
apply to a facility or  institution  engaged  principally  in  providing
services  by  or  under  the  supervision  of  the bona fide members and
adherents of a recognized religious organization whose teachings include
reliance on spiritual means through prayer  alone  for  healing  in  the
practice  of  the  religion  of such organization and where services are
provided in accordance  with  those  teachings.  No  provision  of  this
article  or  any other provision of law shall be construed to: (a) limit
the  volume  of  mental  health,  substance  use  disorder  services  or
developmental  disability services that can be provided by a provider of
primary care services licensed under  this  article  and  authorized  to
provide integrated services in accordance with regulations issued by the
commissioner  in  consultation  with  the  commissioner of the office of
mental  health,  the  commissioner  of  the  office  of  alcoholism  and
substance  abuse  services and the commissioner of the office for people
with developmental disabilities, including regulations  issued  pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services  law or part L of chapter fifty-six of the laws of two thousand
twelve; (b) require a provider licensed pursuant to  article  thirty-one
of  the  mental  hygiene law or certified pursuant to article sixteen or
article thirty-two of the mental hygiene  law  to  obtain  an  operating
certificate  from the department if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner in consultation with the  commissioner  of  the  office  of
mental  health,  the  commissioner  of  the  office  of  alcoholism  and
substance abuse services and the commissioner of the office  for  people
with  developmental  disabilities, including regulations issued pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two  thousand
twelve.
2.  "Nursing  home" means a facility providing therein nursing care to
sick, invalid, infirm, disabled or convalescent persons in  addition  to
lodging  and  board or health-related service, or any combination of the
foregoing,  and  in  addition  thereto,  providing  nursing   care   and
health-related  service,  or  either  of  them,  to  persons who are not
occupants of the facility.
3. "Residential health care  facility"  means  a  nursing  home  or  a
facility providing health-related service.
4.   (a)  "Hospital  service"  means  the  preadmission,  out-patient,
in-patient and post discharge care provided in or  by  a  hospital,  and
such  other  items or services as are necessary for such care, which are
provided by or under the supervision of a physician for the  purpose  of
prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
disability, deformity or physical condition, including, but not  limited
to,  nursing  service,  home-care nursing and other paramedical service,
ambulance  service,  service  provided  by  an  intern  or  resident  in
training,   laboratory   service,   medical   social   service,   drugs,
biologicals, supplies, appliances, equipment, bed and board.
(b) "Health-related service" means service in a facility or facilities
which provide or offer lodging, board and physical care  including,  but
not limited to, the recording of health information, dietary supervision
and supervised hygienic services incident to such service.
5.   "Construction"  means  the  erection,  building,  or  substantial
acquisition,  alteration,  reconstruction,  improvement,  extension   or
modification  of a hospital, including its equipment; the inspection and
supervision thereof; and the studies, surveys, designs,  plans,  working
drawings,   specifications,   procedures  and  other  actions  necessary
thereto.
6. "Council" and "public health council" mean the  public  health  and
health planning council.
7.  "Government  agency"  means a department, board, bureau, division,
office, agency, public benefit or other corporation, or any other  unit,
however described, of the state or a political subdivision thereof.
8.  "Caretaker" means a person appointed pursuant to the provisions of
section twenty-eight  hundred  six-b  of  this  article,  to  act  as  a
fiduciary responsible to the court which appoints him for the conserving
and  preserving  of  the  rights  and  property  of  the  operator  of a
residential health care facility, while also  preserving  and  providing
for  the  rights of the patients in such facility to care appropriate to
their needs in a clean and  wholesome  environment  in  accordance  with
applicable federal and state laws and regulations.
9. "Out-patient lodge" means a facility affiliated with an institution
providing  hospital  service,  which provides therein food and overnight
lodging to the chronically  ill  undergoing  out-patient  treatment  for
cancer at such institution.
10.  "General  hospital" means a hospital engaged in providing medical
or medical and surgical services primarily to in-patients  by  or  under
the  supervision  of  a  physician  on  a  twenty-four  hour  basis with
provisions for admission or treatment of persons in  need  of  emergency
care  and with an organized medical staff and nursing service, including
facilities providing services relating to particular diseases, injuries,
conditions or deformities. The term general hospital shall not include a
residential health  care  facility,  public  health  center,  diagnostic
center,  treatment  center, out-patient lodge, dispensary and laboratory
or central service facility serving more than one institution.
11. "Midwifery birth center" means a hospital engaged  principally  in
providing  prenatal and obstetric care, where such services are provided
principally by midwives.
12. "Facility fee" means any fee charged or billed by a hospital or by
a health care professional authorized under title eight of the education
law that is: (a) intended to compensate  the  hospital  or  health  care
professional  for  the  operational  expenses regardless of the modality
through which the health care services are provided;  and  (b)  separate

and  distinct  from a professional fee. "Facility fee" shall not include
any fee charged or billed by a residential health care facility.
13.  "Health  system"  means  a  group  of  one  or more hospitals and
providers affiliated through ownership, governance, membership or  other
means.
14.  "Provider"  means  an individual or entity, whether for profit or
nonprofit, whose primary purpose is to provide professional health  care
services.