2023 New York Laws › PBH - Public Health › Article 22 - Control of Tuberculosis › Title 1 - General Provisions › 2202 - Tuberculosis; Care and Treatment.

§  2202. Tuberculosis; care and treatment.  1. (a) Notwithstanding any
inconsistent provision of this chapter or of any other general,  special
or  local law or city charter, when a person suffering from tuberculosis
or suspected of having tuberculosis is in need  of  care  and  treatment
therefor  from  a  hospital,  as defined in article twenty-eight of this
chapter, or a certified home health agency which provides such care  and
treatment,  the  county  or the city of New York, as the case may be, in
which such person resides or is found shall provide or secure such  care
and treatment.
(b)  The  legislative  body  of  each  county  and  the  corresponding
authority of the city of New York shall designate  the  commissioner  of
health  of  any county or part-county health district or the city of New
York or, in a county lacking a county or  part-county  health  district,
the  county  health director, or appropriate health officer, as the case
may be, to be responsible  for  providing  or  securing  such  care  and
treatment.
(c)  The  cost  to  the  hospital  or other provider as established in
accordance with the provisions of section twenty-eight hundred seven  of
this  chapter  relating  to  rates of payment of such care and treatment
shall be a charge against the county or the city of  New  York,  as  the
case may be, in which such person has local residence, except that third
party  coverage  or  indemnification  shall first be applied against the
total  cost  to  the  hospital  or  other  provider  as  established  in
accordance  with the provisions of section twenty-eight hundred seven of
this chapter relating to rates of payment of the individual's  care  and
treatment as hereinafter provided.
(d)  The  care  and  treatment  of  state  charges, as defined in this
article, shall be subject to the  rules  of  the  commissioner  who  may
designate  any  local  public official to act for him in emergency cases
involving such state charges.
(e) Diagnoses,  tests,  studies  or  analyses  for  the  discovery  of
tuberculosis and care and treatment by a hospital, as defined in article
twenty-eight of this chapter, or by a certified home health agency which
are  provided  by  the state or by any county or city shall be available
without cost or charge to the persons receiving such examinations,  care
or  treatment,  except  that the third party coverage or indemnification
shall first be applied against the total cost to the hospital  or  other
provider  as  established  in  accordance with the provisions of section
twenty-eight hundred seven of this chapter relating to rates of  payment
of the individual's care and treatment as hereinafter provided.
2.  Any  person  who volunteers to assume and pay for the cost of such
hospital care and treatment or for the cost  of  such  diagnosis,  test,
study  or  analysis  shall  be permitted to do so; but no state, county,
city or other public official shall request or require payment or  make,
or  cause  to  be  made, any inquiry or investigation for the purpose of
determining the ability of  a  person  or  of  his  legally  responsible
relatives  to  pay  for  diagnoses,  tests,  studies or analyses for the
discovery of tuberculosis or  for  care  and  treatment  provided  by  a
hospital,  as  defined  by article twenty-eight of this chapter, or by a
certified home health agency except to determine if there is third party
coverage or indemnification to pay or indemnify all or part of such cost
to the hospital or other provider as established in accordance with  the
provisions  of  section  twenty-eight  hundred  seven  of  this  chapter
relating to rates of payment.
3. Determinations and orders concerning liability to pay for care  and
treatment  and  the provision of care and treatment to persons suffering
from tuberculosis or suspected of having tuberculosis by the state or by
any county or city shall be in accordance with the rules and regulations

of the commissioner and expenses incurred therefor shall be eligible for
state aid reimbursement pursuant to  the  provisions  of  title  two  of
article six of this chapter after applying against the total cost to the
hospital  or  other  provider  as  established  in  accordance  with the
provisions  of  section  twenty-eight  hundred  seven  of  this  chapter
relating  to  rates of payment of the individual's treatment the amounts
received from or payable by  medicare,  workers'  compensation,  medical
assistance  in  accordance  with the social services law, or other third
party payers and indemnitors and less any payments  made  or  assignable
under  any  federal  law  or laws heretofore enacted, provided, however,
that expenses incurred for inpatient hospital care shall be eligible for
reimbursement for a period not to exceed six weeks  for  any  individual
patient  during  any  calendar year, unless approved as necessary by the
commissioner for a longer period of time.
4. If upon a review of a claim submitted for the purposes of state aid
reimbursement, the county, or the part county health  district,  or  the
city  of  New  York,  or the state determine that the person was in fact
eligible for third party coverage or indemnification at  the  time  care
and  treatment  was  provided  and the hospital or certified home health
agency failed to make a good  faith  effort  to  determine  third  party
coverage  or  indemnification, the hospital or the certified home health
agency shall not receive state aid reimbursement for that claim from the
county or the city of New York. The commissioner shall promulgate  rules
and  regulations  requiring recoupment or repayment from the hospital or
the certified home health agency if the hospital or the  certified  home
health  agency  has  already  received  state aid reimbursement from the
county or the city of New York.