reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3650 - Definitions.

§  3650.  Definitions.  When used in this article, the following words
and phrases shall have the meanings ascribed to them in this article:
1.  "Home  medical  equipment  services"  shall  mean  the   delivery,
provision,  installation, maintenance and replacement of, or instruction
in the use of medical equipment used by  an  individual  requiring  such
services in their place of residence.
2.  "Medical equipment service agency" means any person engaged in the
business of providing home medical equipment services, whether  directly
or through a contractual arrangement, to an individual at their place of
residence.
3.  "Home  medical equipment" shall mean technologically sophisticated
medical devices which are used in a home care setting, including but not
limited to:
(a) Oxygen and oxygen delivery systems;
(b) Ventilation and aspiration devices;
(c) Respiratory disease management services;
(d) Electronic and computer driven wheelchairs and seating systems;
(e) Monitoring devices;
(f) Transcutaneous electrical nerve simulator (tens) units;
(g) Low air loss cutaneous pressure management devices;
(h) Sequential compression devices;
(i) Obstructive sleep apnea treatment devices; and
(j) Feeding pumps.
4. "Person" shall mean an individual, corporation, partnership,  joint
venture, or any business entity.
5.  "Board"  shall  mean the medical equipment service agency advisory
board created by section thirty-six hundred fifty-five of this article.
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3651 - Exemptions.

§ 3651. Exemptions. The provisions of this article shall not apply to:
1.  Hospitals  certified  pursuant  to  article  twenty-eight  of this
chapter.
2. The following entities and practitioners, unless these entities  or
practitioners furnish home medical equipment services through a separate
corporate entity, division, or other business entity:
(a)  Home  care service agencies, certified home health agencies, long
term home health care programs, licensed home care services agencies and
limited licensed home care service agencies, as  defined  under  section
thirty-six hundred two of this chapter;
(b)  Exempt  agencies,  as  defined  under  section thirty-six hundred
nineteen of this chapter;
(c) Manufacturers and wholesale distributors of home medical equipment
not engaged in direct sales to a patient;
(d) Health care practitioners authorized  by  law  to  prescribe  home
medical  equipment,  order  home  medical equipment, or use home medical
equipment  to  treat  their  patients,  including  but  not  limited  to
physicians,   nurses,   physical   therapists,  respiratory  therapists,
occupational    therapists,    speech    pathologists,     optometrists,
chiropractors and podiatrists;
(e) Hospice programs;
(f) Nursing homes;
(g) Veterinarians;
(h) Dentists;
(i) Emergency medical services providers; and
(j) Pharmacists and pharmacies.
3. Any exempt person providing home medical equipment services through
a  third  person  as defined in section thirty-six hundred fifty of this
article.
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3652 - Licensure Required.

§  3652.  Licensure  required.  No  medical  equipment  service agency
  located in New York state, or located in  another  state  and  providing
  home  medical  equipment services in this state may provide home medical
  equipment services unless a valid license has been issued as provided in
  this article.
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3654 - Powers and Duties of the Commissioner and Department.

§  3654.  Powers and duties of the commissioner and department. 1. The
  department may conduct  periodic  inspections  of  a  medical  equipment
  service  agency  to  determine compliance with requirements set forth in
  this article and any related regulations.
2.  The  commissioner  may  also  require  medical  equipment  service
  agencies   to   submit,  in  a  form  prescribed  by  the  commissioner,
  semi-annual reports containing  such  information  as  is  necessary  to
  ensure compliance with the provisions of this article.
3. The department may prescribe in rules and regulations standards for
  the  provision of home medical equipment services. To the maximum extent
  possible, such standards shall incorporate by  reference  the  standards
  established   for   the  provision  of  these  services  by  a  national
  accrediting agency approved by the department.
4. The department may adopt and amend rules and regulations  necessary
  to implement this article.
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3655 - Medical Equipment Service Agency Advisory Board.

§  3655.  Medical equipment service agency advisory board. 1. There is
  hereby created in the department a medical  equipment  service  advisory
  board  to  consist  of  the  commissioner  or  his or her designee as an
  ex-officio  member,  and  eight   other   members   appointed   by   the
  commissioner. The members shall include four representatives of the home
  medical equipment service industry and/or home medical equipment service
  providers,   a   rehabilitation  technology  specialist,  a  respiratory
  therapist,  a  physician,  and  a  representative  of  the  public.  The
  commissioner shall designate one member to serve as chair.
2.  The  term  of  office  of  each  member  shall be for three years,
  provided however, that of the members first appointed,  three  shall  be
  appointed  for  terms  which  expire December thirty-first, two thousand
  three,  two  shall  be  appointed  for  terms  which   expire   December
  thirty-first,  two thousand four, and three shall be appointed for terms
  which expire December thirty-first, two thousand five.  Vacancies  shall
  be  filled  by  appointment  for  the  unexpired term. The members shall
  continue in office until the expiration of their terms and  until  their
  successors  are appointed. A member may be dismissed by the commissioner
  for cause, or for repeated absence.
3. The board shall meet as frequently as its business  shall  require,
  in  no  case  less than on a semi-annual basis. The members of the board
  shall receive no compensation for  their  services  as  members  of  the
  board,  but  shall  be  reimbursed  for  necessary  and  actual expenses
  incurred in the performance of his or her duties.
4. The commissioner, upon request  of  the  board,  may  designate  an
  employee  of  the  department  to  assist  the board in carrying out its
  responsibilities.
5. The board, upon an affirmative vote of a majority of  its  members,
  may  make  recommendations  to  the commissioner regarding the adoption,
  amendment  and/or  repeal  of  any  rules,  regulations,  standards  and
  policies regarding the provision of home medical equipment services.
2023 New York Laws › PBH - Public Health › Article 36-A - Medical Equipment Service Agencies › 3656 - Enforcement.

§  3656.  Enforcement.  1.  A medical equipment services agency may be
  subject to fines as provided by this chapter for material violations  of
  the  provisions of this article. A medical equipment services agency may
  have its license revoked, suspended, or limited by the commissioner  for
  repeated  violations of the requirements of this article. In such cases,
  the commissioner may require the agency to submit  a  corrective  action
  plan  for  approval.  The  license  of  an  agency  may also be revoked,
  suspended or limited upon a finding that the actions of such agency have
  materially endangered public health and safety.
2. No permit or certificate shall be revoked,  suspended,  limited  or
  annulled  without  an  opportunity afforded the agency an administrative
  hearing on the facts at issue.
2023 New York Laws › PBH - Public Health › Article 37 - Physician Assistants › 3700 - Definitions.

§ 3700. Definitions. As used in this article:
1.  Physician assistant. The term "physician assistant" means a person
  who is licensed as a physician assistant pursuant to section  sixty-five
  hundred forty-one of the education law.
2.  Physician.  The  term "physician" means a practitioner of medicine
  licensed to practice medicine pursuant to article one hundred thirty-one
  of the education law.
3. Hospital. The term "hospital"  means  an  institution  or  facility
  possessing  a  valid  operating  certificate  issued pursuant to article
  twenty-eight  of  this  chapter  and  authorized  to  employ   physician
  assistants in accordance with rules and regulations of the public health
  and health planning council.
4.  Approved  program. The term "approved program" means a program for
  the education of physician assistants which has been  formally  approved
  by the education department.
2023 New York Laws › PBH - Public Health › Article 37 - Physician Assistants › 3701 - Commissioner; Powers and Duties.

§  3701.  Commissioner; powers and duties. The commissioner shall have
  the following powers and duties: 1. to promulgate  regulations  defining
  and restricting the duties which may be assigned to physician assistants
  by  their  supervising physician, the degree of supervision required and
  the manner in which such duties may be performed;
2. to conduct and support continuing studies respecting the nature and
  scope of the duties of physician assistants in order  to  promote  their
  effective functioning as members of the health care team;
3.  to  determine  the  desirability  of  and  to  establish rules for
  requiring continuing education of physician assistants;
4. to furnish the education department with suggested  criteria  which
  may  be  used  by  the education department to help determine whether an
  applicant for licensure as a physician  assistant  possesses  equivalent
  education  and  training,  such  as  experience  as  a nurse or military
  corpsman, which may be accepted in lieu of all or part  of  an  approved
  program;
5.  to  adopt  such other rules and regulations as may be necessary or
  appropriate to carry out the purposes of this article.
2023 New York Laws › PBH - Public Health › Article 37 - Physician Assistants › 3702 - Special Provisions.

§  3702.  Special  provisions. 1. Inpatient medical orders. A licensed
  physician assistant employed or extended privileges by a  hospital  may,
  if  permissible under the bylaws, rules and regulations of the hospital,
  write medical orders, including those  for  controlled  substances,  for
  inpatients  under  the  care of the physician responsible for his or her
  supervision. Countersignature of such orders may be required  if  deemed
  necessary  and appropriate by the supervising physician or the hospital,
  but in no event shall countersignature be required prior to execution.
2. Withdrawing blood. A  licensed  physician  assistant  or  certified
  nurse practitioner acting within his or her lawful scope of practice may
  supervise  and  direct  the  withdrawal  of  blood  for  the  purpose of
  determining the alcoholic or drug content therein under subparagraph one
  of  paragraph  (a)  of  subdivision  four  of  section  eleven   hundred
  ninety-four   of  the  vehicle  and  traffic  law,  notwithstanding  any
  provision to the contrary in clause (ii) of such subparagraph.
3. Prescriptions  for  controlled  substances.  A  licensed  physician
  assistant,  in  good  faith and acting within his or her lawful scope of
  practice,  and  to  the  extent  assigned  by  his  or  her  supervising
  physician,  may  prescribe controlled substances as a practitioner under
  article thirty-three of this chapter, to patients under the care of such
  physician responsible for his or her supervision. The  commissioner,  in
  consultation  with  the  commissioner  of education, may promulgate such
  regulations as are necessary to carry out the purposes of this section.
2023 New York Laws › PBH - Public Health › Article 37 - Physician Assistants › 3703 - Statutory Construction.

§  3703. Statutory construction. A physician assistant may perform any
  function in conjunction with a medical service lawfully performed by the
  physician  assistant,  in  any  health  care  setting,  that  a  statute
  authorizes  or directs a physician to perform and that is appropriate to
  the  education,  training  and  experience  of  the  licensed  physician
  assistant and within the ordinary practice of the supervising physician.
  This  section  shall not be construed to increase or decrease the lawful
  scope of practice of a physician assistant under the education law.
2023 New York Laws › PBH - Public Health › Article 37-A - Specialist Assistants › 3710 - Definitions.

§ 3710. Definitions. As used in this article:
1.  Specialist  assistant.  The  term  "specialist  assistant" means a
  person  who  is  registered  pursuant  to  section  sixty-five   hundred
  forty-eight  of  the  education  law  as  a  specialist  assistant for a
  particular medical speciality as defined by regulations  promulgated  by
  the commissioner pursuant to section thirty-seven hundred eleven of this
  article.
2.  Physician.  The  term "physician" means a practitioner of medicine
  licensed to practice medicine pursuant to article one hundred thirty-one
  of the education law.
3. Hospital. The term "hospital"  means  an  institution  or  facility
  possessing  a  valid  operating  certificate  issued pursuant to article
  twenty-eight  of  this  chapter  and  authorized  to  employ  specialist
  assistants in accordance with rules and regulations of the public health
  and health planning council.
4.  Approved  program. The term "approved program" means a program for
  the education of specialist assistants which has been formally  approved
  by the education department.
2023 New York Laws › PBH - Public Health › Article 37-A - Specialist Assistants › 3711 - Commissioner; Powers and Duties.

§  3711.  Commissioner; powers and duties. The commissioner shall have
  the following powers and duties:
1. to promulgate regulations defining and restricting the duties which
  may be assigned to specialist  assistants,  the  degree  of  supervision
  required and the manner in which such duties may be performed;
2.  to  promulgate  regulations  establishing  such  different medical
  specialties for which specialist assistants may  be  registered  by  the
  education  department pursuant to section sixty-five hundred forty-eight
  of the education law as will most effectively increase  the  quality  of
  medical  care  available  in  this  state;  provided,  however,  that no
  category of specialist assistant shall be established: (a) for areas  in
  which  allied  health professions are licensed pursuant to the education
  law or this chapter; or (b) relating  to  the  practice  of  surgery  or
  practice  in the intensive care unit of any general hospital, as defined
  pursuant to article twenty-eight of this chapter.
3. to conduct and support continuing studies respecting the nature and
  scope of the duties of specialist assistants in order to  promote  their
  effective functioning as members of the health care team;
4.  to  determine  the  desirability  of  and  to  establish rules for
  requiring continuing education of specialist assistants;
5. to furnish the education department with suggested  criteria  which
  may  be used by the education department to help determine the education
  and training requirements for a specialist assistant;
6. to adopt such other rules and regulations as may  be  necessary  or
  appropriate to carry out the purposes of this article.
2023 New York Laws › PBH - Public Health › Article 38 - Veterans Health Manpower Center › 3800 - Policy and Purposes of Article.

§  3800.  Policy and purposes of article. The availability of adequate
  numbers of competent personnel for  the  provision  of  health  services
  required  by  the people of the state is essential to the public health.
  Many of those returning  from  duty  with  the  armed  services  possess
  experience  acquired  during  assignment  to military hospitals or other
  medically connected duty for which  there  exists  a  critical  need  in
  civilian health service fields. It is the policy of the state to utilize
  this  valuable resource in the protection and promotion of the health of
  the inhabitants of the state.
For that purpose the  department  of  health  is  hereby  vested  with
  responsibility  for  the  identification  of  veterans  health  manpower
  resources and the  recruitment  and  qualification  of  veterans  having
  experience   in   health   fields   for  employment  in  health  service
  occupations.
2023 New York Laws › PBH - Public Health › Article 38 - Veterans Health Manpower Center › 3801 - Veterans Health Manpower Center.

§  3801.  Veterans  health  manpower  center.  The  commissioner shall
  establish within the department a veterans health  manpower  center  for
  the  purpose  of  instituting  and  conducting  studies  and  surveys of
  veterans health  manpower  resources,  maintaining  registries  of  such
  resources and recruiting veterans having experience in health fields for
  employment in health service occupations.
2023 New York Laws › PBH - Public Health › Article 38 - Veterans Health Manpower Center › 3802 - Powers and Duties.

§  3802.  Powers  and  duties.  1. The veterans health manpower center
shall have the following duties:
(a) To identify veterans health manpower resources.
(b) To conduct studies and surveys of health needs  to  determine  the
extent to which such needs can be filled by veterans with health service
experience.
(c)  To  institute  and  operate a veterans health manpower recruiting
service including, but  not  limited  to,  a  guidance  and  counselling
service.
2. In the exercise of the foregoing powers and duties the commissioner
shall  consult  with  the  commissioner  of  the department of veterans'
services and the heads of state agencies charged with responsibility for
manpower and health resources.
2023 New York Laws › PBH - Public Health › Article 38 - Veterans Health Manpower Center › 3803 - Veterans Health Care Information Program.

§  3803.  Veterans health care information program. 1. There is hereby
created within the  department  the  veterans  health  care  information
program  (referred  to  in  this  section as the "program"), which shall
provide information on health  issues  associated  with  military  duty,
including  but  not  limited  to  Agent  Orange,  spina bifida, Gulf War
Syndromes, toxic materials or harmful physical agents such as,  depleted
uranium, and hepatitis C, and specific mental and physical health issues
including  post-traumatic  stress  disorder,  traumatic brain injury and
other brain-related injuries, for  veterans,  their  surviving  spouses,
children of veterans and health care providers.
2.  The  program  shall  include  but  not be limited to the following
elements:
(a) public service announcements;
(b)  establishment  of  a  toll-free  telephone  hotline  to   provide
information  regarding  health care providers and treatment centers with
expertise in illnesses associated with military duty; and
(c) establish a veterans health information clearing house on-line.
3. In exercising any of his or her  powers  under  this  section,  the
commissioner  shall  consult with appropriate health care professionals,
providers, veterans or organizations representing them,  the  department
of  veterans' services, the United States department of veterans affairs
and the United States defense department.
4. The commissioner may  make  rules  and  regulations  necessary  and
appropriate for the implementation of this section.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3900 - Legislative Findings and Purposes.

§  3900.  Legislative findings and purposes. 1. The legislature hereby
  finds, determines, and declares that promotion of the  continued  health
  and  safety  of  New  York  state's farming community continues to be an
  unmet need. It further finds that agriculture  is  ranked  as  the  most
  dangerous  occupation  on  a nationwide basis and that farmers and other
  agricultural workers are injured and killed at a rate four times greater
  than other workers in the  country:  in  nineteen  hundred  eighty-five,
  forty-five  deaths  and  over  four  thousand farm-related injuries were
  reported within New York state.
2.  The  provision  of  health  and  safety  services  unique  to  the
  agricultural  sector  has  been  seen  by  many physicians as relatively
  unattractive. As a consequence, the medical  profession  lacks  specific
  knowledge  of,  and  expertise  in,  treating farm illnesses. While some
  progress has been made to date in the area of farm  health  and  safety,
  more  work  is  needed  to  address  such specific concerns as traumatic
  injury, hearing loss, and occupational cancer. Further efforts  need  to
  be  made  to  provide  educational  programs  to  improve  awareness  of
  agricultural health  concerns,  and  to  enhance  delivery  of  targeted
  agricultural health services in the state.
3.  It  is  vital  that  the state of New York develop a capability to
  address the special health and  safety  needs  of  the  state's  farming
  community.  In  order to facilitate a focus on agricultural medicine and
  health, the legislature hereby determines that there is a need to create
  a New York state center for agricultural medicine and health to  operate
  in  conjunction with the Mary Imogene Bassett Hospital, Cooperstown, New
  York.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3901 - Definitions.

§ 3901. Definitions. For purposes of this article, the following terms
  shall have the following meanings:
1. "Center" shall mean the center for agricultural medicine and health
  to  be established in conjunction with the Mary Imogene Bassett Hospital
  of Cooperstown, New York.
2. "Director" shall mean the director of the center  for  agricultural
  medicine and health.
3.  "Board"  shall  mean  the  agricultural health and safety advisory
  board.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3902 - New York State Center for Agricultural Medicine and Health.

§  3902.  New  York state center for agricultural medicine and health.
  There is hereby established  a  center  for  agricultural  medicine  and
  health to operate in conjunction with the Mary Imogene Bassett Hospital,
  Cooperstown, New York. Such center shall operate under the guidance of a
  director,  who  shall  be appointed by the board of trustees of the Mary
  Imogene Bassett Hospital, Cooperstown, New  York  upon  the  advice  and
  consent of the president of such hospital.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3903 - Purposes of the Center.

§ 3903. Purposes of the center. In order to more effectively serve the
  health  and  medical  needs  of  the state's agricultural community, the
  center shall:
1. develop strategies for the provision of comprehensive  occupational
  health services for New York farmers and agricultural workers, including
  but not limited to migrant workers;
2.   research   and   develop   information  on  the  epidemiology  of
  farm-related occupational illness;
3. compile resource material relating  to  agricultural  medicine  and
  preventive health care;
4.  provide  continuing  agricultural  health  and  medical  education
  programs for physicians and other  health  care  personnel  and  service
  providers practicing within the state;
5.  provide  education  and  other  service  programs  to  farmers and
  agricultural workers on agricultural health and safety issues; and
6. establish relations with  existing  health  care  and  agricultural
  interest groups to ensure appropriate, targeted delivery of agricultural
  health and safety services and information.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3906 - Contract Authority.

§  3906.  Contract authority. The center is hereby authorized to enter
  into  agreements  or  contracts  with  any  public  or  private  agency,
  corporation,  or individual in order to carry out the provisions of this
  article. Funds made available by the center  pursuant  to  this  article
  shall be provided pursuant to the terms of such contracts.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3907 - Agricultural Health and Saftey Advisory Board

§  3907.  Agricultural  health  and safety advisory board. 1. There is
  hereby created an advisory board to be known as the "agricultural health
  and safety advisory board", to be comprised of twelve members consisting
  of the following named persons or their designees: the  commissioner  of
  health;  the  commissioner  of  agriculture and markets; the dean of the
  school of public health sciences at the state university of New York  at
  Albany;  the  dean  of  the  college of agriculture and life sciences at
  Cornell university; and eight additional members, one of whom  shall  be
  appointed  by  the  governor  and  shall be a representative of a county
  cooperative extension, one of whom shall be appointed  by  the  governor
  and  shall  be  a representative of rural New York, six of whom shall be
  representatives of general farm  organizations,  or  individual  farmers
  with  annual gross sales of ten thousand dollars or more, or individuals
  involved in providing health and safety services in counties with  fewer
  than   two   hundred  thousand  persons,  or  members  of  farm  workers
  organizations,  to  be  appointed  as  follows:  two  by  the  temporary
  president  of the senate, two by the speaker of the assembly, one by the
  minority leader of the senate, and one by the  minority  leader  of  the
  assembly.  Members  of  the board shall elect a chairperson on an annual
  basis.
2. Members of  the  board  shall  receive  no  salary,  but  shall  be
  reimbursed  by  the  director  for  expenses  actually  and  necessarily
  incurred by them  in  the  performance  of  their  duties  as  described
  hereunder.
3.  Vacancies  on  the board shall be filled in the same manner as the
  original appointments.
4. The director shall cause the center  to  provide  staff  assistance
  necessary for the efficient and effective operation of the board.
5. The board shall render advice regarding:
a. statewide needs to be addressed by the center;
b.  the  coordination  of  program  activities  with  state  agencies,
  not-for-profit corporations and other interested parties;
c. dissemination of research results and educational information; and
d. identification of funding sources for center program.
2023 New York Laws › PBH - Public Health › Article 39 - New York State Center for Agricultural Medicine and Health › 3908 - Annual Report

§  3908. Annual report. The director, in cooperation with the advisory
  board, shall report the activities of the center to the governor and the
  legislature on or before January first of each year.  Such report  shall
  include:
1. A description of on-going center research and program development;
2.  Present  and  proposed  working relationships with other agencies,
  not-for-profit groups or private associations;
3. A financial reporting on the nature  and  levels  of  revenues  and
  expenditures  of the center, as well as a listing of accumulated assets;
  and
4. Recommendations for enhancing agricultural health and safety in New
  York state.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4000 - Legislative Declaration.

§  4000.  Legislative  declaration. The legislature finds and declares
  that hospice is a socially and  financially  beneficial  alternative  to
  conventional  curative  care for those afflicted by terminal illness. It
  further finds that hospice is a  unique,  interdisciplinary  program  of
  palliative  and  supportive  care  to  meet the stresses associated with
  illness, death and bereavement through the innovation and reorganization
  of home and traditional inpatient health services.
In recognition of the value  of  hospice  and  consistent  with  state
  policy  to  encourage  the  expansion  of  health  care  service options
  available to New York state  residents,  it  is  the  intention  of  the
  legislature that hospice be available to all who seek such care and that
  it become a permanent component of the state's health care system.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4002 - Definitions.

§  4002. Definitions. As used in this article, the following words and
  phrases shall have the following meanings:
1. "Hospice" means a coordinated program of home and  in-patient  care
  which  treats the terminally ill patient and family as a unit, employing
  an interdisciplinary team acting under the direction  of  an  autonomous
  hospice  administration.  The program provides palliative and supportive
  care to meet the special needs arising out of  physical,  psychological,
  spiritual, social and economic stresses which are experienced during the
  final stages of illness, and during dying and bereavement.
2.  "Hospice  demonstration program participant" means a hospice which
  was  approved  to  participate  in  the  hospice  demonstration  program
  established  pursuant  to  chapter seven hundred eighteen of the laws of
  nineteen hundred seventy-eight and is operating on the thirtieth day  of
  June, nineteen hundred eighty-three.
2-a.  "Home"  shall  include  a  hospice  patient's  home or a hospice
  residence.
2-b. "Hospice residence"  means  a  hospice  operated  home  which  is
  residential  in  character  and  physical structure and operated for the
  purpose of providing more than two hospice patients but  not  more  than
  sixteen  hospice  patients  with  hospice care, which may include dually
  certified hospice in-patient beds up  to  one  hundred  percent  of  the
  hospice residence's patient capacity.
3.  "Construction" means construction as defined in section thirty-six
  hundred two of this chapter.
4. "Public health council" and "state  hospital  review  and  planning
  council" shall mean the public health and health planning council.
5.  "Terminally  ill" means an individual has a medical prognosis that
  the individual's life expectancy is approximately one year  or  less  if
  the illness runs its normal course.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4012 - Payment for Hospice.

§  4012.  Payment for hospice. 1. No government agency shall purchase,
  pay for or make reimbursement or grants-in-aid for services provided  by
  a  hospice  unless,  at the time the services were provided, the hospice
  possessed a valid certificate of approval.
2. Payments for hospice care made by government agencies shall  be  at
  rates approved by the state director of the budget.
3.  Prior  to  the  approval  of hospice rates, the commissioner shall
  determine and certify to the state  director  of  the  budget  that  the
  proposed rate schedules for payments for hospice services are reasonable
  and adequate to meet the costs which must be incurred by efficiently and
  economically  operated  programs.  In  making  such  certification,  the
  commissioner  shall  take  into  consideration  the  elements  of  cost,
  geographical  differentials in the elements of cost considered, economic
  factors in the area in which the hospice is located,  costs  of  hospice
  programs of comparable size, the need for incentives to improve services
  and   institute   economies,   and   applicable  medicare  reimbursement
  regulations.
4. Eligible individuals shall be permitted to receive hospice services
  from a provider under this article while  continuing  to  reside  in  an
  adult  care  facility  under  title  two  of article seven of the social
  services law and enrolled in the assisted living program, subject to the
  availability of federal financial participation. The commissioner  shall
  make  regulations  and  take  other  actions  reasonably  necessary  and
  appropriate to implement this subdivision.
5. The commissioner shall establish a methodology as  of  July  first,
  two  thousand  eighteen  subject to federal financial participation that
  shall  ensure  a  prospective  ten-percent  increase  in  the   medicaid
  reimbursement rates for hospice providers, relative to the reimbursement
  rate,  as  of  March  thirty-first,  two thousand eighteen, for services
  provided by such providers  on  and  after  April  first,  two  thousand
  eighteen.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4012-A - Hospice Supplemental Financial Assistance Program for Persons With Special Needs.

§  4012-a.  Hospice  supplemental  financial  assistance  program  for
persons with special needs. 1. Notwithstanding any provision of  law  or
regulation  to  the  contrary,  an  additional  amount may be added to a
hospice's rate pursuant to the medical assistance  program,  subject  to
approval  by  the state director of the budget, for purposes of enabling
such hospice to provide care and services to persons with special needs,
after a determination that such care cannot be appropriately provided at
the rates of payment established pursuant to federal criteria.
2. "Persons with special needs" as used herein shall  include  persons
with   acquired  immune  deficiency  syndrome  and  other  illnesses  or
conditions, which require a more costly or intensive level of care  than
typically  provided,  and persons receiving care in a hospice residence.
Such other illnesses or conditions shall be specified in  regulation  by
the state hospital review and planning council.
3.  In  order  for  a hospice to obtain additional medicaid payment as
provided for in this section, the hospice shall submit cost  information
as  required  by the commissioner, in consultation with the commissioner
of social services, which justifies  additional  medicaid  expenditures,
including  a  demonstration  that  adequate care to persons with special
needs cannot  be  provided  within  the  rates  of  payment  established
pursuant  to  federal  criteria.  In  addition to demonstrating that the
hospice  is  certified  and  in  good  standing  with   all   applicable
regulations and requirements, the hospice shall also demonstrate that it
shall:
(a)  utilize  such  additional  payment to provide services to persons
with special needs;
(b) shall undertake reasonable efforts to maintain  financial  support
from public and community contributed funding sources;
(c)  shall  make  every  reasonable  effort  to  collect  payments for
services from third party  insurance  payers,  governmental  payers  and
self-paying patients; and
(d)  shall  establish  a  reasonable  relationship  between  costs and
charges, or establish charges at approximate costs.
4. The commissioner, in consultation with the commissioner  of  social
services, is authorized to submit for approval and adoption by the state
hospital  review  and  planning council such regulations as necessary to
effectuate the provisions of this section.
5. The commissioner shall establish a rate for persons receiving  care
in  a  hospice  residence,  and  may  by  regulation  specify additional
standards necessary to  ensure  that  the  provisions  of  this  section
promote  medical  assistance recipients access to hospice residence care
including;  (a)  that  such   recipients   are   otherwise   unable   to
appropriately  receive  hospice  care  in  their  own  home; and (b) the
provision  of  supplemental  financial  assistance  will   promote   the
efficient delivery of appropriate, quality, cost-effective services.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4012-B - Hospice Palliative Care.

§ 4012-b. Hospice palliative care. 1. Notwithstanding any inconsistent
  provision  of  this  article to the contrary, a hospice may also offer a
  program of palliative care  for  patients  with  advanced  life-limiting
  conditions  and  illnesses  and  their  families.  Such a program may be
  provided by a hospice issued  a  certificate  of  approval  pursuant  to
  section  four  thousand  four  of  this  article,  acting alone or under
  contract with a certified home health agency, long term home health care
  program, licensed home care services agency or AIDS home  care  program,
  as  such  terms  are  defined  in section thirty-six hundred two of this
  chapter. Nothing  in  this  section  shall  preclude  the  provision  of
  palliative  care  by any other health care provider otherwise authorized
  to provide such services.
2. For the purposes  of  this  section  "Palliative  care"  means  the
  active,  interdisciplinary care of patients with advanced, life-limiting
  illness, focusing on relief of  distressing  physical  and  psychosocial
  symptoms  and  meeting  spiritual  needs. Its goal is achievement of the
  best quality of life for patients and families.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4013 - Hospice Worker Recruitment and Retention Program.

§  4013.  Hospice  worker  recruitment and retention program.   1. The
  commissioner shall, subject to the provisions of subdivision two of this
  section, increase medical assistance rates of payment  by  up  to  three
  percent  for  hospice services provided on and after December first, two
  thousand two, for purposes of improving  recruitment  and  retention  of
  non-supervisory   workers   or   workers   with   direct   patient  care
  responsibility.
2. Hospice services providers which have their rates adjusted pursuant
  to this section shall use such funds for the purposes of recruitment and
  retention of non-supervisory workers or workers with direct patient care
  responsibility only and are prohibited from using  such  funds  for  any
  other purposes. Funds provided pursuant to this section are not intended
  to  supplant  support provided by a local government. Each such provider
  shall submit, at a time  and  in  a  manner  to  be  determined  by  the
  commissioner,  a written certification attesting that such funds will be
  used  solely  for  the  purpose  of   recruitment   and   retention   of
  non-supervisory   workers   or   workers   with   direct   patient  care
  responsibility. The  commissioner  is  authorized  to  audit  each  such
  provider to ensure compliance with the written certification required by
  this subdivision and shall recoup all funds determined to have been used
  for  purposes  other  than  recruitment and retention of non-supervisory
  workers  or  workers  with  direct  patient  care  responsibility.  Such
  recoupment shall be in addition to any other penalties provided by law.
2023 New York Laws › PBH - Public Health › Article 40 - Hospice › 4014 - Hospice Residence Pilot Program.

§ 4014. Hospice residence pilot program. 1. The commissioner is hereby
  authorized to establish a hospice residence pilot program. Such program,
  subject  to  the  rules  and  regulations  of  the  commissioner,  shall
  authorize the operation of not more than ten hospice residences operated
  for the purpose of providing more than two hospice patients but not more
  than sixteen hospice patients with hospice care. The  locations  of  the
  hospice  residence  pilot  program  shall  be  geographically  disbursed
  throughout the state and approved by the  commissioner.  To  the  extent
  that patients may access hospital or skilled nursing home care, the care
  plan for such patients shall provide for such care.
2. The commissioner shall require each hospice residence participating
  in  the  pilot  program established pursuant to this section to submit a
  report, which shall include data analyzing the cost  and  efficiency  of
  hospice   care   under   such  pilot  program.  On  or  before  December
  thirty-first, two thousand seven, the commissioner shall submit a report
  to the governor, the temporary president of the senate and  the  speaker
  of  the  assembly  analyzing  the  findings  of  the  individual hospice
  residences that participated in the pilot program.
2023 New York Laws › PBH - Public Health › Article 41 - Vital Statistics › Title 1 - General Provisions › 4100-A - Definitions.

§ 4100-a. Definitions. As used or referred to in this article:
1.  The term "certified copy" means a photographic reproduction in the
  form of a photocopy or a microfilm print of the original certificate  or
  electronically produced print of the original certificate, commencing on
  or  after  the  implementation  date  under  section  forty-one  hundred
  forty-eight of this  title,  and  certified  by  the  commissioner,  his
  designated  representative,  a  local  registrar,  deputy  registrar  or
  sub-registrar as a true copy thereof.
2. The term "certified transcript" means a computer generated or other
  reproduction of information abstracted from the original state or  local
  record  the elements of which shall be as determined by the commissioner
  and certified by the  commissioner,  his  designated  representative,  a
  local  registrar  or a deputy registrar as being an accurate abstract of
  information contained in the original record.
3. The term "certification of birth"  means  a  certification  that  a
  certificate  of  birth  is on file and shall contain only the name, sex,
  date of birth and place of birth of the person to whom  it  relates  and
  none  of  the  other  data on a certificate of birth. When issued by the
  local registrar or his deputy, it shall also contain the date of  filing
  of  the  certificate of birth. When issued by the commissioner or by his
  designated representative, it shall also contain the dates of filing  in
  the   local  registration  district,  or  a  statement  that  the  birth
  certificate was filed within one year of the date of birth, and  in  the
  state department of health of the original certificate of birth.
4. A "certification of death" shall contain only the name, the date of
  death, and the place of death of the person to whom it relates, the date
  of  filing  in  the local registration district, or a statement that the
  death certificate was filed within one year of the death of  the  person
  to  whom  it  relates,  and none of the other data on the certificate of
  death.
5. The term "electronic death  registration  system"  means  the  data
  system created and maintained by the department for collecting, storing,
  recording,   transmitting,   amending,   correcting  and  authenticating
  information,  as  necessary  and  appropriate  to   complete   a   death
  registration,  and  to  generate  such  documents  as  determined by the
  department, including permits  or  certificates,  relating  to  a  death
  occurring in this state.
2023 New York Laws › PBH - Public Health › Article 41 - Vital Statistics › Title 1 - General Provisions › 4101 - Vital Statistics; Enforcement.

§  4101.  Vital statistics; enforcement. 1. The commissioner is hereby
  charged with the execution of the provisions  of  this  article  and  is
  hereby granted supervisory power over registrars, deputy registrars, and
  subregistrars, to the extent that there shall be uniform compliance with
  all of the requirements of this article.
2.  Each  registrar  is  hereby  charged  with  the enforcement of the
  provisions of this article  in  his  registration  district,  under  the
  supervision  and  direction  of  the  commissioner.  He  shall  make  an
  immediate report to the commissioner of any violation of  any  provision
  of  this  article  coming  to  his  knowledge,  by  observation, or upon
  complaint of any person, or otherwise.
3.  The  commissioner,  either  personally   or   by   an   accredited
  representative,   shall   have   authority   to   investigate  cases  of
  irregularity, or violation of law, and all  registrars  shall  aid  him,
  upon request, in such investigations.
4.  When  he  shall  deem  it necessary, the commissioner shall report
  cases of violation of any of the  provisions  of  this  article  to  the
  district  attorney  of  the  county,  with  a statement of the facts and
  circumstances.  When  any  such  case  is  reported  to   him   by   the
  commissioner,   the  district  attorney  shall  forthwith  initiate  and
  promptly proceed  with  the  necessary  court  proceedings  against  the
  person,  firm  or  corporation  responsible for the alleged violation of
  law.
5. Upon request of the commissioner, the attorney general shall assist
  in the enforcement of the provisions of this article.
2023 New York Laws › PBH - Public Health › Article 41 - Vital Statistics › Title 1 - General Provisions › 4102 - Vital Statistics; Violations; Penalties.

§  4102.  Vital statistics; violations; penalties. 1. Any person shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall for
the first offense be fined not less than  five  dollars  nor  more  than
fifty  dollars and for each subsequent offense not less than ten dollars
or more than one hundred dollars or be imprisoned in the county jail not
more than sixty days, or be both fined and imprisoned in the  discretion
of  the  court,  who for himself or as an officer, agent, or employee of
any other person, or of any corporation or partnership, shall:
(a) refuse or  fail  to  furnish  correctly  any  information  in  his
possession, or shall furnish false information affecting any certificate
or record, required by this article; or,
(b)  wilfully  alter,  otherwise  than is provided by this article, or
shall  falsify  any  certificate  of  birth  or  death,  or  any  record
established by this article; or,
(c)  being required by this article to fill out a certificate of death
and file the same with the local registrar, or deliver it, upon request,
to any person charged with the duty of  filing  the  same,  shall  fail,
neglect  or  refuse  to perform such duty in the manner required by this
article; or,
(d) inter, cremate, or otherwise finally dispose of the dead body of a
human being, or permit the same to be done, or shall  remove  said  body
from  the  primary  registration district in which the death occurred or
the body was found, without the authority of a burial or removal  permit
issued  by  the  local  registrar  of  the  district  in which the death
occurred, or in which the body was found, except as provided in  section
four thousand one hundred forty-four of this article; or,
(e)  being a registrar, deputy registrar, or subregistrar, shall fail,
neglect or refuse to perform his duty as required by this article and by
the instructions and directions of the commissioner thereunder.
2. Whenever any physician, nurse-midwife, or other person  shall  fail
or  neglect  properly  to  record  and  file  a  certificate of birth as
required by this article such person shall be liable to a penalty of not
less than five dollars nor more than fifty dollars  for  the  first  and
second  offenses, which penalty may be recovered by an action brought by
the commissioner in any court of competent jurisdiction, and  for  every
subsequent  offense,  such  person  shall  be  guilty  of a misdemeanor,
punishable by a fine of not less than ten  nor  more  than  one  hundred
dollars, or by imprisonment for not more than sixty days, or both.