reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.10 - Waste disposal

Current through Register Vol. 46, No. 28, July 10, 2024
The disposal or payment for disposal by a clinical
						laboratory for a health services purveyor of hazardous waste, radioactive waste
						and/or regulated medical waste shall be deemed consideration given for referral
						of specimens for performance of clinical laboratory services, and is
						prohibited.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.12 - Waiver of co-payments, co-insurance, deductibles and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Routine waiver
					 by a clinical laboratory of co-payments, co-insurance, or deductibles for
					 clinical laboratory services performed for recipients of such services who are
					 patients of a referring health services purveyor shall be deemed consideration
					 given for referral of specimens for performance of clinical laboratory
					 services, and is prohibited.
(b)
					 Waiver of fees for clinical laboratory services for the patients of a referring
					 health services purveyor who are enrolled in an HMO by a clinical laboratory
					 which is not a participating laboratory of the HMO, where such waiver results
					 in consideration being received by the referring health services purveyor,
					 shall be deemed consideration given for referral of specimens for performance
					 of clinical laboratory services, and is prohibited.
(c) Nothing in Public Health Law, section
					 587 or in this Subpart shall be construed to
					 prohibit a clinical laboratory from:
(1)
					 waiving a co-payment, co-insurance, deductible, or fee for a particular patient
					 based on the patient's inability to pay, in which case the clinical laboratory
					 shall maintain a record documenting the patient's inability to pay;
					 or
(2) waiving a co-payment,
					 co-insurance, deductible or fee, if the cost of collection is greater than the
					 amount to be collected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.13 - Direct billing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Nothing contained in Public Health Law, section
					 586 or this Subpart shall be construed to
					 prohibit a clinical laboratory from sending a bill to or receiving payment for
					 clinical laboratory services from the health services purveyor who ordered the
					 clinical laboratory services, provided that:
(1) the clinical laboratory receives the name
					 and/or other information relating to the test subject if the clinical
					 laboratory is obligated to report such name and/or other information to the
					 State or a local health department under State law or regulation;
(2) the bill for the clinical laboratory
					 services shall be directed to the test subject or a payor expressly permitted
					 by Public Health Law, section
					 586 or this Subpart;
(3) the amount of the bill for clinical
					 laboratory services shall be disclosed to the test subject or a payor expressly
					 permitted by Public Health Law, section
					 586 or this Subpart, and documentation of
					 the disclosure shall be maintained by the health services purveyor who ordered
					 the clinical laboratory services;
(4) if payment is made for the clinical
					 laboratory services to the health services purveyor who ordered the clinical
					 laboratory services, the payment amount must be equal to the amount stated in
					 the clinical laboratory bill; and
(5) one of the following situations must
					 apply:
(i) the cost of the clinical laboratory
					 service is included in the usual and customary purchase price of a test kit
					 that is approved by the Federal Food and Drug Administration to be
					 commercialized as a test kit that includes a collection device, specimen
					 transport materials, and the clinical laboratory service; or
(ii) the clinical laboratory services are
					 performed in relation to: a termination of pregnancy; testing for a sexually
					 transmissible disease; HIV-related testing; drug abuse screening; or other
					 tests specifically approved by the department where law or regulation
					 recognizes the need for a heightened level of confidential protection of health
					 information relating to the test subject.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.14 - Financial relationship

Current through Register Vol. 46, No. 28, July 10, 2024
A financial relationship between any entity and a
						referring health services purveyor, or any immediate family member of a
						referring health services purveyor, which relationship was secured or
						facilitated either directly or indirectly by or through the efforts of a
						clinical laboratory, shall be deemed consideration given for referral of
						specimens for performance of clinical laboratory services, and is
						prohibited.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.15 - Loans

Current through Register Vol. 46, No. 28, July 10, 2024
Any loan for the benefit of a referring health services
						purveyor or for the benefit of any immediate family member of such purveyor,
						which was secured or facilitated either directly or indirectly by or through
						the efforts of a clinical laboratory shall be deemed consideration given for
						referral of specimens for performance of clinical laboratory services, and is
						prohibited.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.16 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the clinical laboratory and
						the health services purveyor to establish, including by appropriate
						documentation, that any practice between the two entities complies with this
						Subpart. Upon request from the department, the health services purveyor and/or
						the clinical laboratory shall make such documentation available for inspection
						and copying. If requested by the clinical laboratory, such documentation shall
						be eligible for exemption from disclosure under the Freedom of Information Law
						(article 6 of the Public Officers Law), pursuant to the authority in section 89 (5)  of the Public Officers
						Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.17 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
Any payment or billing transaction authorized by the
						Direct Billing Law (see Public Health Law, section
						586)  shall not be rendered illegal by any
						provisions of Public Health Law, section
						587 or this Subpart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.1 - Searches and certifications without fees

Current through Register Vol. 46, No. 28, July 10, 2024
The New York State Department of Health shall make searches
					 and issue certifications and certified copies of birth, death, and marriage
					 records without charge to:
(a) local
				  or State organizations of war veterans in connection with claims for soldiers'
				  burial fees, markers for soldiers' graves, and securing relief for veterans or
				  their families;
(b) applicants for
				  enlistment in the U.S. armed services or the merchant marine;
(c) persons of any age filing applications
				  with the State employment bureau;
(d) persons residing in Canada applying to
				  Canadian authorities for public relief or veterans' claims, providing the
				  province of Canada in which applicant resides furnishes similar information
				  gratis to persons residing in the United States;
(e) children under the age of 16--limited to
				  certifications of birth;
(f)
				  persons who were either adopted or whose paternity was established by law,
				  limited to a certification of birth or certificate of birth registration made
				  out in the name by which the person is designated in the adoption or filiation
				  papers at the time a new birth certificate is prepared pursuant to section 4138  of the Public Health Law;
(g) State or municipal departments for
				  official purposes.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.2 - Birth records; confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A certified copy or a certified
				  transcript of a birth certificate shall be issued only:
(1) upon order of a court of competent
				  jurisdiction;
(2) upon specific
				  request by the person, if 18 years of age or more, or by a parent or other
				  lawful representative of the person to whom the record of birth relates;
				  or
(3) upon specific request
				  therefor to the Commissioner of Health of the State of New York by municipal,
				  State or Federal agencies when needed for official purposes.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.3 - Fetal death; confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The information contained on a fetal
				  death certificate shall be disclosed by the State Commissioner of Health only
				  to the mother, her lawful representative and to authorized personnel of the
				  department.
(b) The confidential
				  information for medical and health use only furnished with a fetal death
				  certificate shall not be copied and shall not be detached except as herein
				  provided. Data thereon, as determined by the State Commissioner of Health,
				  shall be recorded on appropriate storage media for scientific, medical and
				  health research only. Following such recording the portion containing such
				  confidential information shall be detached from the original certificate by the
				  State Commissioner of Health or other person authorized by him who shall then
				  destroy such portion. No copy of a certificate issued pursuant to sections 4173 and
				  4174  of the Public Health Law shall contain
				  such information.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.4 - Death records; disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  certified copy or certified transcript of a death certificate shall be subject
				  to disclosure under article six of the Public Officers Law.
(b) A certified copy of a death certificate
				  or a certified transcript of a death certificate shall be issued only:
(1) pursuant to the order of a court of
				  competent jurisdiction on a showing of necessity; or
(2) upon specific request of the spouse,
				  sibling, children, or parents of the deceased or the lawful representative of
				  such persons; or
(3) when a
				  documented need to establish a legal right or claim has been demonstrated;
				  or
(4) when a documented medical
				  need has been demonstrated; or
(5)
				  upon specific request by municipal, State or Federal agencies for statistical
				  or official purposes; or
(6) when
				  needed for medical or scientific research approved by the State Health
				  Commissioner; and
(7) when needed
				  for statistical or epidemiological purposes approved by the State Health
				  Commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.5 - Genealogical research; method of disclosure; searches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information from records of birth, death
				  and marriage may be provided for genealogical research purposes, subject to the
				  restrictions of this Part, in the form of an uncertified copy or abstract upon
				  written application and payment of the applicable statutory fees, which are
				  contained in Public Health Law, sections
				  4173 and
				  4174 and Domestic Relations Law, sections
				  19 and 20-a. I f a search discloses no
				  record, the applicant shall be required to pay the specified fee for the time
				  spent for the search for the record and for a certification that the search
				  disclosed no record. Information will not be released if it is to be used for
				  commercial or profitmaking purposes.
(b) Record searches shall be conducted only
				  by the following persons in the files maintained by their respective agencies:
(1) authorized employees of the Department of
				  Health;
(2) a local registrar,
				  deputy registrar, or an authorized employee of the registrar; and
(3) a town or city clerk, deputy clerk, or an
				  authorized employee of the town or city clerk.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.6 - Adoption information registry

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All registrations, records and
				  information of the Adoption Information Registry, as established pursuant to
				  section 4138-c  of the Public Health Law, shall be
				  filed and stored within the department with the Adoption Information Registry.
				  Such filing and storage areas shall be clearly set off and physically separate
				  from other areas and, except to the extent necessary for the proper function of
				  the registry, access thereto shall be restricted to employees designated by the
				  commissioner.
(b) The records and
				  information of the Adoption Information Registry, except to the extent
				  necessary for the proper function of the registry, shall not be transported or
				  removed from the designated area within the Department of Health assigned for
				  the operation of the Adoption Information Registry.
(c) Where an adoptee registrant registers
				  directly with the department and requests the department to have nonidentifying
				  information released either by the department or the authorized agency involved
				  in the adoption, such agency shall be entitled to a service fee not exceeding
				  $50 to be paid by the adoptee registrant directly to such agency for the
				  review, compilation and forwarding of the nonidentifying information. The
				  authorized agency, upon receipt of such request from the department and fee
				  from the adoptee registrant, shall provide the nonidentifying information to
				  either the department or the adoptee registrant as directed by the
				  department.
(d) An authorized
				  agency which maintains a mutual-consent voluntary adoption registry shall be
				  entitled to a registration/a service fee for the registration, and a
				  registration/a service fee for the services related to the processing of
				  requests for information, according to the following schedule:
(1) Where an adoptee, a biological sibling of
				  an adoptee or biological parent is registered directly with an agency, the
				  agency shall be entitled to a registration fee not exceeding $20.
(2) Where the agency which was involved in
				  the adoption provides nonidentifying information to an adoptee or the
				  biological sibling of the adoptee, the agency shall be entitled to a service
				  fee not exceeding $50, in addition to the registration fee.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.8 - Birth and death certification; form and content

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The signature of those persons executing,
				  authenticating or filing such certificates may be constructed digitally for
				  certificates of birth and death prepared in the electronic format provided by
				  the commissioner.
(b) A digital
				  signature means the creation by the computer of an electronic identifier which
				  the commissioner determines is:
(1) unique to
				  the signer;
(2) capable of
				  verification;
(3) under the
				  signer's control; and
(4) linked to
				  data in such a manner that if the data is changed, the signature is
				  invalidated.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 35 - Vital Records › Section 35.15 - Wallet-size certification of birth; fee

Current through Register Vol. 46, No. 28, July 10, 2024
Each applicant for a wallet-size certification of birth
					 shall remit to the commissioner with such application a fee of $15 in payment
					 for the search of the files and records and the furnishing of the wallet-size
					 certification if such record is found or for a certification that a search
					 discloses no record of a birth.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › General Provisions › Section 36.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Delayed
					 registration of birth is the registration of a birth one year or more after its
					 occurrence.
(b) A supporting
					 affidavit is a sworn statement substantiating the facts entered on the birth
					 certificate.
(c) A written record
					 is one which confirms the facts entered on the birth certificate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › Making of Certificates › Section 36.5 - Certificate made by attendant at birth

Current through Register Vol. 46, No. 28, July 10, 2024
If the physician or licensed midwife who attended the
						birth is alive and can be located, the certificate shall be made by such
						physician or licensed midwife.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › Making of Certificates › Section 36.6 - Certificate made by parent

Current through Register Vol. 46, No. 28, July 10, 2024
If the physician or midwife who attended the birth has
						died or cannot be located, or if the birth was not attended professionally, the
						certificate of birth shall be made by one of the parents.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › Making of Certificates › Section 36.7 - Making of the certificate of birth in all other cases

Current through Register Vol. 46, No. 28, July 10, 2024
If the physician or midwife who attended the birth has
						died or cannot be located and if neither of the parents can be conveniently
						reached or if both parents have died, the following procedure should
						apply:
(a) If the person whose birth
					 it is desired to register is under 18 years of age, the certificate shall be
					 made by the guardian of such person.
(b) If the person whose birth it is desired
					 to register is 18 years of age or over, the certificate shall be made by that
					 person.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › Supporting Documents › Section 36.10 - Official certification that record of birth is not on file required

Current through Register Vol. 46, No. 28, July 10, 2024
Each application for the delayed registration on an
						unrecorded birth shall be accompanied by a statement issued either by the local
						registrar of the community where the birth is believed to have occurred or by
						the State Department of Health to the effect that a search of the records has
						been made and that no record bearing the name of the person whose birth is to
						be recorded was found.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 36 - Delayed Registration Of An Unrecorded Birth › Supporting Documents › Section 36.11 - Proof required in support of application for delayed registration of an unrecorded birth

Current through Register Vol. 46, No. 28, July 10, 2024
The following supporting proof, or such proof as may in
						the opinion of the commissioner be considered the equivalent thereof, shall be
						submitted by an applicant for delayed registration of birth:
(a) Persons under 12 years of age. If the
					 person whose birth it is desired to register is under 12 years of age, the
					 supporting proof shall consist of one document, such as a hospital record of
					 the birth, a baptismal certificate, a church or synagogue record, a school
					 entrance certificate, or a census record, provided that such document shows the
					 name of the person whose birth is to be registered, the date of birth, place of
					 birth and the names of the parents. In the event that such document is not
					 available, the supporting proof may consist of an affidavit by a competent
					 person who has personal knowledge of the date and place of birth and the names
					 of the parents of the person whose birth it is desired to record. If the
					 certificate of birth submitted for delayed registration is signed by a parent,
					 and an affidavit is submitted as supporting proof, such affidavit shall be made
					 by some person outside the immediate family of the person whose birth it is
					 desired to register.
(b) Persons
					 over 12 but under 18 years of age. If the person whose birth it is desired to
					 register is over 12 but under 18 years of age, the application for such delayed
					 registration shall be supported by two written records or certified copies
					 thereof, other than affidavits, made at least five years prior to the date of
					 application, showing the name, date and place of birth and the names of the
					 parents of such person.
(c) Persons
					 over 18 years of age; certificate signed by parent. If the person whose birth
					 it is desired to register is 18 years of age or over, and if the certificate of
					 birth submitted for delayed registration is signed by one of the parents, the
					 application shall be supported by two written records or certified copies
					 thereof, as follows:
(1) At least one of
					 these records shall show the name, date of birth, place of birth, and names of
					 the parents of such person, which record shall have been originally made when
					 the person was a minor upon information furnished by a person other than the
					 person whose birth it is desired to register.
(2) The other written record, not an
					 affidavit, shall have been made at least five years prior to the date of
					 application and shall show the name, the place of birth, the date of birth, and
					 the names of the parents of such person.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 37 - Handling Of Bodies Of Persons Dying On Common Carriers › Section 37.1 - Removal of body

Current through Register Vol. 46, No. 28, July 10, 2024
A special stop may be made by a common carrier for the
					 purpose of removing a body, but, in any event, it shall be removed at the first
					 regular stop where an attendant is on duty and where there are known to be
					 facilities for handling the corpse.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 37 - Handling Of Bodies Of Persons Dying On Common Carriers › Section 37.2 - Investigation of death; preparation of death certificate

Current through Register Vol. 46, No. 28, July 10, 2024
A physician accompanying a person who dies on a common
					 carrier, or a physician who is traveling on the same carrier who is called to
					 give medical aid, may certify to the cause of death and sign the certificate as
					 the physician last in attendance on the deceased. If death occurs without
					 medical attendance, the coroner of the county or, if there be more than one,
					 the coroner having jurisdiction of the district in which the body is removed,
					 or the medical examiner or, in the County of Erie, the medical director, shall
					 be notified and shall certify to the cause of death and sign the
					 certificate.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 37 - Handling Of Bodies Of Persons Dying On Common Carriers › Section 37.3 - Registration district

Current through Register Vol. 46, No. 28, July 10, 2024
The name of the registration district in which a body is
					 removed from a common carrier shall be entered on the certificate of death as
					 the place of death.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 37 - Handling Of Bodies Of Persons Dying On Common Carriers › Section 37.4 - Burial or transit permit

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a certificate of death, which shall be
					 filed by the undertaker engaged, or the person in charge of the body, the
					 registrar of vital statistics of the district in which the body has been
					 removed from a common carrier shall issue a burial or transit
					 permit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter A - Vital Records And Personal Information › Part 38 - Information Obtained Under Provisions Of State Or Federal Laws › Section 38.1 - Confidential information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definition; restricted use. All information as to personal facts and
				  circumstances in the Maternal and Child Health and Crippled Children's Programs
				  shall be considered privileged communications and shall be held confidential,
				  and:
(1) except only in summary, statistical
				  or other form which does not identify particular individuals; and
(2) except as may be necessary to provide
				  services to individual mothers and children;
such records shall not be divulged without the consent of
					 the patient, parent or guardian.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 39 - General Provisions Regarding The Payment Of State Aid

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Public Health Law, arts. 2, 6; L.
					 1977, ch. 53
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.0 - Applications for State Aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be
					 eligible for State Aid, local health departments shall annually submit to the
					 department a detailed application for State Aid in a form specified by the
					 commissioner.
(b) Each local health
					 department shall submit its application for State Aid to the department no
					 later than two months after the commencement of the fiscal year for which it is
					 seeking State Aid.
(c) The
					 application for State Aid shall include:
(1)
					 an organizational chart of the local health agency and a list of the number of
					 employees by job title providing public health services;
(2) a budget of proposed
					 expenditures;
(3) a description of
					 how the local health department will provide public health services in a form
					 determined by the commissioner;
(4)
					 an attestation by the chief executive officer of the municipality that
					 sufficient local funds have been appropriated to provide the public health
					 services for which the local health department is seeking State Aid;
(5) an attestation by the public health
					 commissioner or director that the local health department has exercised due
					 diligence in reviewing the State Aid application and that the application seeks
					 State Aid only for eligible public health services;
(6) a list of public health services provided
					 by the local health department that are not eligible for State Aid, and the
					 cost of each service;
(7) a
					 projection of the fees and revenues to be collected for public health services
					 eligible for State Aid; and
(8) any
					 other information or documents required by the
					 commissioner.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.10 - Performance and accountability; reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall establish, in
					 consultation with the local health departments and the New York State
					 Association of County Health Officials, uniform statewide performance standards
					 for the services funded pursuant to Article 6 of the Public Health Law;
					 provided, however, that upon request the commissioner may approve a
					 modification of a specific standard for a local health department if such local
					 health department demonstrates adequate justification. The commissioner shall
					 recognize the particular needs and capabilities of the various local health
					 departments. The commissioner shall monitor the performance and expenditures of
					 each local health department to ensure that each one satisfies the performance
					 standards.
(b) The commissioner
					 shall establish, in consultation with the local health departments and the New
					 York State Association of County Health Officials, a uniform accounting system
					 for monitoring the expenditures for services of each local health department to
					 which aid is granted and the amount of state aid received including any
					 performance payments pursuant to section six hundred nineteen-a of Article 6 of
					 the Public Health Law. Such reporting system shall require information on the
					 amount of public health moneys received from the federal government, the
					 private sector, grants, and fees.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.20 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local health
					 department personnel must meet the entry and supervisory level qualifications
					 established by Part 11 of the State Sanitary Code (10 NYCRR Part 11), as
					 applicable.
(b) All public health
					 services shall be supervised by a local commissioner of health or public health
					 director, to ensure that such services are provided in accordance with the
					 approved State Aid application. Such supervising official shall devote his or
					 her entire time to public health duties, provided that:
(1) such official may serve as the head of a
					 merged agency or multiple agencies if the approval of the commissioner is
					 obtained; or
(2) such official may
					 serve as the local commissioner of health or public health director of
					 additional counties when authorized pursuant to section 351  of the public health
					 law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.30 - Maintenance of effort

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 local health department shall maintain public health programs and services and
					 gross expenditures for those services at "base year" levels, as defined
					 below.
(b) The base year shall be
					 the most recent local health department fiscal year for which the local health
					 department has filed all quarterly claim forms with the department.
(c) Maintenance of effort shall be monitored
					 by the department throughout the fiscal year.
(d) Adjustment to State Aid reimbursement
					 shall be made when a local health department reduces its expenditures beneath
					 the amount expended in its base year. State Aid shall be reduced by the
					 percentage reduction in expenditures between the base year and the current
					 fiscal year. When calculating the amount by which a local health department has
					 reduced its expenditure, the Commissioner shall exclude extraordinary
					 expenditures of a temporary nature, such as disaster relief; unavoidable or
					 justifiable program reductions, such as a program being subsumed by another
					 agency; or expenditures for which the local health department can demonstrate
					 to the Commissioner's satisfaction that the need for the expenditure no longer
					 exists.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.40 - Limitation on State Aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
					 Aid may be limited, in whole in or part, if the commissioner determines, upon
					 review of a local health department's State Aid application, that the local
					 health department will not deliver a core public health service required by
					 Subpart 40-2 of this title. In that event, the Commissioner may use the
					 proportionate share that is not granted to the local health department to
					 contract with agencies, associations, or organizations to provide such
					 services, or expend such share to provide such services upon approval of the
					 director of the division of budget, as authorized by section 605  of the Public Health Law.
(b)
Partial service
					 counties.
The commissioner may approve a State Aid application that
					 seeks funding for fewer than all core public health services required pursuant
					 to Subpart 40-2 of this Part, provided that:
(1) a community health assessment is
					 completed by the municipality pursuant to section
					 40-2.40 
					 of this Part;
(2) the selected core
					 services meet all standards for those services set forth in this Part;
					 and
(3) the State Aid application
					 identifies the availability of core public health services not provided by the
					 local health department, who will provide those services and the manner in
					 which the services will be provided and
					 financed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.41 - Withholding of State Aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
					 Aid may be withheld, in whole or in part, if the commissioner determines, upon
					 program review, that:
(1) core public health
					 services were not performed in accordance with this Part, Article 6 of the
					 Public Health Law, or the approved application for State Aid; or
(2) the local health department has not made
					 every reasonable effort to collect fees for services set forth in section
					 40-1.51 
					 of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.50 - Fees and revenue; quarterly reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Each local health department shall:
(a) make every reasonable effort to collect
					 fees and third-party billings revenue;
(b) maintain a written protocol for
					 third-party billing and for assessment and collection of fees, including
					 follow-up procedures for unpaid claims; and
(c) report quarterly to the commissioner,
					 with its State Aid claim, each category of revenue collected.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.51 - Fees and revenue; services for which fees are charged

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Environmental health services. Each local
					 health department must charge a fee for the granting of a permit, inspections
					 and other services prerequisite to the issuance of a permit:
-X-ray and radioactive materials (authorized programs
						only)
-Food service establishments (all types)
-Camps and recreation facilities
-Individual water and sewerage
-Realty subdivisions
-Mobile home parks
-Community and noncommunity water systems
-Tanning facilities
-Bathing beaches
-Swimming pools
-Recreational aquatic spray grounds
-Temporary residences (hotels/motels/bungalow
						colonies/cottage colonies, cabins)
-Mass gatherings and public functions
-Children's camps
-Agricultural fairgrounds
-Migrant farm worker housing
-Multipurpose recreational facility
-Plan review
(b) Clinic health services. Where third-party
					 reimbursement is not available, the local health department shall charge a fee
					 for the following clinic health services, regardless of whether such services
					 are provided directly or by contract. Subject to subdivision (b) of section
					 40-1.52 
					 of this Part, where third-party reimbursement is available, the local health
					 department shall ensure that every reasonable effort is made to collect such
					 reimbursement and any relevant co-payments.
-Sexually transmitted diseases, consistent with Public
						Health Law § 2304
-HIV counseling, testing, diagnosis and prevention
-Family planning
-Prenatal and postpartum care
-Primary care for children less than 21 years of
						age;
-Immunization
(c) Tuberculosis control. Fees for clinical
					 health services related to tuberculosis control shall be governed by Part 43 of
					 this Title.
(d) Rabies control.
					 Local health departments shall make every reasonable effort to collect
					 third-party reimbursement for the clinical health services for rabies control,
					 when such services are provided by the local health department.
(e) Nothing in this section shall be deemed
					 as prohibiting local health departments from charging fees for other public
					 health services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.52 - Fees and revenue; calculation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 all fees, the calculation of fees shall be based on the cost to the
					 municipality of providing the service and shall not exceed the cost to the
					 local health department of providing the service for which the fee is to be
					 charged.
(b) For those clinic
					 health services for which a fee is authorized, the fee to the individual shall
					 be based upon the ability of the recipient to pay. A sliding fee schedule shall
					 be established for this purpose and made available to all recipients of
					 service.
(c) The local health
					 department may request the commissioner's approval to waive fee assessments,
					 based on documentation that charging a fee would create a substantial barrier
					 to obtaining the public health service. The commissioner's decision on whether
					 or not to grant such waivers shall be conclusive.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.53 - Fees and revenue; deduction and offset

Current through Register Vol. 46, No. 28, July 10, 2024
All revenues collected by the local health department or
						the contractor shall be deducted from eligible expenditures to produce a net
						amount of expenditures eligible for State aid, except that municipalities may
						provide accounting documentation for the withholding from deduction any earned
						revenue attributable to projects and services ineligible for State aid
						reimbursement, as enumerated in section
						40-2.3 
						of this Part. The commissioner may exclude such revenue from deduction limited
						to documentation submitted.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.60 - Submission of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Quarterly claims for State Aid reimbursement must be accompanied by supporting
					 documentation to enable calculation of State Aid amounts as shall be determined
					 by the commissioner or his or her designee. Such documentation shall include,
					 but not be limited to:
(1) a duly certified
					 State Aid claim form;
(2) a clear
					 statement of expenditures for each service included in the State Aid
					 application; and
(3) a clear
					 statement of each item of revenue earned during the reporting
					 period.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.61 - Method of payment

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures by local health departments shall be
						reimbursed as follows, provided all requirements of this Part are met:
(a) Base grant:
(1) For local health departments providing
					 all of the core services set forth in Subpart 40-2 of this Part, the State Aid
					 base grant shall be 100 percent of net eligible expenditures for performance of
					 these services to a maximum of $750,000 or the amount representing $1.30 per
					 capita, whichever is greater.
(2)
					 For local health departments that the commissioner has approved to provide
					 fewer than all of the core services set forth in Subpart 40-2 of this Part, the
					 State Aid base grant shall be 100 percent of net eligible expenditures for
					 performance of approved core services to a maximum amount determined by the
					 commissioner that reflects the reduced scope of services.
(3) For the purposes of this section,
					 population shall be determined by the local population data published as of
					 January 1 of each calendar year by the New York State Department of
					 Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter B - State Aid And Funding › Part 40 - State Aid for Public Health Services: Counties and Cities › Subpart 40-1 - Application and Payment › Section 40-1.62 - Claims and method of payment; State Aid for physically handicapped children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For local
					 health departments, State Aid for authorized medical services for physically
					 handicapped children shall be paid at 50% of net expenses, where net expenses
					 means total expenses less revenues received for such services. State Aid may be
					 withheld if, on post-audit and review, the Commissioner finds that a medical
					 service rendered was not in conformance with a plan submitted by the
					 municipality or that the recipient of the medical service was not a physically
					 handicapped child as defined in section 2581  of the Public Health Law.
(b) For American Indian children residing on
					 a reservation, State Aid for authorized medical services for physically
					 handicapped children shall be paid at 100% of net expenses for such
					 services.
(c) To receive State Aid,
					 the clerk of the board of supervisors or other similar governing body of each
					 county, or chief fiscal officer of the city of New York, shall quarterly
					 transmit to the Commissioner a certified statement stating the amount expended
					 for the purposes specified herein, the date of each expenditure and date of
					 service, and the purpose for which it was made.
(d) To receive State Aid, complete claims for
					 physically handicapped children must be received by the Commissioner within two
					 years of the date of service.