reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 17 - Mobile Home Parks › Section 17.11 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Refuse storage
				and disposal. Adequate and sanitary facilities shall be provided and maintained
				for the storage and disposal of refuse. Sanitary methods shall be used for the
				temporary storage, collection, handling and disposal of refuse. Any on-premise
				refuse processsing, treatment, and disposal facilities shall meet the
				requirements of the State Commissioner of Environmental Conservation.
(1) The operator shall provide for refuse
				pickup or central refuse storage.
(2) If refuse pickup is not provided, the
				occupant shall be responsible for transporting refuse to the central refuse
				storage.
(3) The occupant shall be
				responsible for the proper maintenance and storage of refuse on each
				site.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 17 - Mobile Home Parks › Section 17.12 - Variance; compliance schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permit-issuing official may, on
				written application and after review, grant a variance from a specific
				provision of this Part in a specific case subject to appropriate conditions
				which shall include a time schedule for compliance, where such variance is in
				harmony with the general purpose and intent of this Part, and where there are
				practical difficulties or unnecessary hardship in carrying out the strict
				letter of the provision.
(1) A time schedule
				for compliance shall not exceed a total of three years.
(2) A variance shall not be issued for more
				than one calendar year.
(3) If the
				time schedule for compliance exceeds one calendar year the permit- issuing
				official may reissue the variance on an annual basis, for not more than three
				years, if he determines the park is operating in compliance with all other
				requirements of this Part and the operator is complying with the established
				time schedule.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 17 - Mobile Home Parks › Section 17.13 - Waiver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				permit-issuing official may, upon written application and after review, grant a
				waiver from the specific provision of this Part in a specific case subject to
				the following conditions.
(1) The park, or
				portion thereof, was operated as a park prior to, and continuously since the
				effective date of the requirement being waived.
(2) Failure to comply with the specific
				provisions will not have any adverse effect on the health and safety of the
				park occupants or any other person.
(3) The waiver shall prescribe the terms,
				requirements or conditions for operation of the park under which the waiver is
				being issued.
(4) A waiver shall
				not be transferable or assignable.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
				  have the following meanings:
(a)
				Public function means any scheduled or advertised event open to the public and
				likely to attract 5,000 or more people at any one time, except that the term
				shall not apply to any single day of a planned multi-day series of events at
				which 5,000 or more people are not likely to attend.
(b) Emergency health care facility means a
				sheltered area or building either naturally or artifically so lighted as will
				promote the health and safety of patients provided medical care, and containing
				cot(s) and/or litter(s) and emergency medical equipment and supplies as
				required by section
				18.2 
				of this Part.
(c) Emergency medical
				technician means an individual who has been certified as such by the department
				pursuant to sections
				800.6
				or
				800.8 
				of this Title.
(d) Permit-issuing
				official means the State Commissioner of Health or the commissioner's
				designee.
(e) Person means an
				individual, group of individuals, partnership, firm, corporation, association,
				political subdivision, government agency, municipality, industry, estate or any
				other legal entity.
(f) Ambulance
				means a motor vehicle especially designed, equipped, and staffed pursuant to
				sections
				800.21,
				800.22,
				800.23
				and
				800.24 
				of this Title to provide emergency medical services during transit.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.2 - Equipment requirements for an emergency health care facility

Current through Register Vol. 46, No. 28, July 10, 2024
Any emergency health care facility at a public function must
				  contain at minimum the following equipment:
(a) Patient transfer equipment:
(1) A device equipped with two two-inch-wide
				web straps to secure a patient which will enable emergency medical service
				personnel to move the patient from the incident site to the emergency health
				care facility.
(2) In an
				auditorium, stadium or similar physical setting with seats in steep tiers, a
				stair chair-type stretcher.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.3 - Permit required to hold or promote a public function

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall hold or promote, by
				advertising or otherwise, a public function unless a permit has been issued for
				said function by the permit-issuing official.
(b) Application for a permit to promote or
				hold a public function shall be made to the permit-issuing official, on a form
				and in a manner prescribed by the State Commissioner of Health, by the
				owner/lessor of the land or facility, and the person who will promote or hold
				the public function. Application for a permit to promote or hold a public
				function shall be made at least five days before the first day of advertising
				and at least 30 days before the first day of the event. The application shall
				be accompanied by an emergency medical services operational plan complying with
				the requirements of this Part and any supplemental plans, reports and
				specifications as the permit-issuing official shall require because of concerns
				raised by specific circumstances pertaining to the event. In addition, the
				applicant shall attach to its application a copy of the crowd control plan
				filed or required to be filed by it with the New York State Emergency
				Management Office pursuant to chapter 288 of the Laws of 1988.
(c) A permit shall be valid for the time
				period specified thereon.
(d) A
				permit may be revoked by the permit-issuing official or the State Commissioner
				of Health for failure to comply with the terms of the permit.
(e) A permit issued for the operation of a
				public function shall be posted in the emergency health care unit or function
				office and be made available on request.
(f) Notwithstanding anything to the contrary
				contained in the foregoing subdivisions of this section, a permit shall not be
				required under this Part for an event which also constitutes a mass gathering
				subject to the permit requirements of Part 7 of this Chapter; provided,
				however, that all of the other requirements of this Part shall be applicable
				thereto.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.4 - Emergency health care requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) For
				5,000 to 15,000 attendees, there shall be one emergency health care facility on
				site, staffed by a minimum of two emergency medical technicians, one ambulance
				staffed by at least one emergency medical technician, and the services of a
				physician available to the site within 15 minutes. Documentation shall be
				provided showing that local, municipal and public safety officials, including
				police, fire and local emergency medical service personnel, have been advised
				of the event in writing.
(2) For
				15,001 to 30,000 attendees, there shall be two emergency health care facilities
				onsite, each staffed by two emergency medical technicians, one ambulance
				onsite, staffed by at least one emergency medical technician, and the services
				of a physician available to the site within 15 minutes. Documentation shall be
				provided showing that local, municipal and public safety officials, including
				police, fire and local emergency medical services personnel have been advised
				of the event in writing.
(3) For
				30,001 to 50,000 attendees, there shall be two emergency health care facilities
				onsite, each staffed by two emergency medical technician, two ambulances
				onsite, each staffed by at least one emergency medical technicians, and a
				physician onsite. Documentation shall be provided showing that local, municipal
				and public safety officials, including police, fire and local emergency medical
				services personnel have been advised of the event in writing.
(4) For over 50,000 attendees, there shall be
				two emergency health care facilities onsite, each staffed by two emergency
				medical technicians, three ambulances onsite, each staffed by at least one
				emergency medical technician, a physician onsite and a written statement shall
				be available describing the impact the event will have on public safety and
				emergency medical services in the area, which must include comments by local
				police, fire, emergency medical services personnel and other public safety
				officials who have jurisdiction to provide services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.5 - Miscellaneous requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Bleachers or similar structures at a public function must be
				  safe. If the public function is also a place of public assembly or other place
				  or activity subject to regulation by the New York State Department of Labor,
				  then the permit-issuing official may seek information from that agency to aid
				  evaluation of the safety of such structures.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 18 - Public Functions With Attendance Of Over 5,000 People › Section 18.6 - Unexpected attendance

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that actual attendance at a public function
				  shall exceed the estimate used for determining the required sanitary
				  facilities, medical equipment, supplies and personnel by more than 20 percent,
				  it shall be the responsibility of the permit holder to immediately provide the
				  additional equipment, supplies and personnel required.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 19 - Clinical Laboratory Directors › Section 19.2 - Clinical laboratory or blood bank; qualifications of laboratory director

Current through Register Vol. 46, No. 28, July 10, 2024
A director and any assistant director of a clinical
				  laboratory or blood bank shall possess training and/or experience acceptable to
				  the department, obtained within the previous six years, in one or more
				  categories. Additionally, the applicant must meet one of the following
				  requirements:
(a) be a physician who
				is currently certified by:
(1) the American
				Board of Pathology in:
(i) clinical pathology;
				or
(ii) anatomic pathology;
				or
(iii) dermatopathology;
				or
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.1 - Supplementary reports of spontaneous abortions and fetal deaths for epidemiological surveillance; filing

Current through Register Vol. 46, No. 28, July 10, 2024
Every physician and hospital shall file a supplementary
				  report with the State Commissioner of Health of each spontaneous abortion or
				  other fetal death occurring naturally. Such report shall be filed within 10
				  days of the occurrence of such event on such forms as may be prescribed by the
				  commissioner to facilitate epidemiological investigation and
				  surveillance.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.2 - Supplementary reports of low birth weights for epidemiological surveillance; filing

Current through Register Vol. 46, No. 28, July 10, 2024
Every physician, hospital, and person in attendance at live
				  births shall file a supplementary report with the State Commissioner of Health
				  of each live birth for which the birth weight is 2,500 grams (5.2 pounds) less.
				  Such report shall be filed within 10 days of the birth and shall be on such
				  forms as may be prescribed by the commissioner to facilitate epidemiological
				  investigation and surveillance.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.4 - Reporting of occupational lung disease

Current through Register Vol. 46, No. 28, July 10, 2024
Every physician, health facility and clinical laboratory in
				  attendance on a person with clinical evidence of occupational lung disease, as
				  categorized in section
				  22.5 
				  of this Part, shall report such occurrence to the State Commissioner of Health
				  within 10 days. Such report shall be on such forms as prescribed by the State
				  Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.5 - Classification of occupational lund disease

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of reporting occupational lung disease as
				  required by section
				  22.4 
				  of this Part, occupational lung disease shall be categorized according to the
				  following probable causative agents or nomenclature as applicable.
Coal workers lung disease
Silicosis
Absestosis/Asbestos-related lung disease
Berylliosis
Talcosis
Hard metal diseases (Titanium, Cobalt)
Byssinosis
Bronchitis due to occupational exposure
Hypersensitivity Pneumonitis (occupational)
Occupational asthma
Other occupational lung disease
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.6 - Reporting heavy metal levels in blood and urine

Current through Register Vol. 46, No. 28, July 10, 2024
Every physician, clinical laboratory and health facility in
				  attendance of a person with a blood or urine test resulting in a value at or
				  above those listed in section
				  22.7 
				  of this Part, shall report such occurrence to the State Commissioner of Health
				  within 10 days of the receipt of the results of such test. The report shall be
				  on such forms as prescribed by the State Commissioner of
				  Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.7 - Reportable levels of heavy metals in blood and urine

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of section
				  22.6 
				  of this Part, the following levels of heavy metals in blood and urine samples
				  are reportable to the State Commissioner of Health:
Metal
Sample
Reportable at or above
Lead
Blood
25 ug/dl
Cadmium
Blood
10 ng/ml
Urine
5 ug/l
Mercury
Blood
5 ng/ml
Urine
20 ng/ml
Arsenic
Urine
50 ug/l
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.8 - Reporting of certain occupational exposures

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer who employs 100 or more persons shall file
				  annually with the State Commissioner of Health a listing of those employees
				  who, in the course of their employment, used, made, or were otherwise exposed
				  to the chemicals and compounds listed in subdivision (a) of this section during
				  the previous year. The listing of employees shall be on such forms as may be
				  prescribed by the State Commissioner of Health.
(a) None.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.9 - Reports: place of filing

Current through Register Vol. 46, No. 28, July 10, 2024
All reports required by Section
				  22.3 
				  of this Part shall be filed with the Director of the Bureau of Environmental
				  and Occupational Epidemiology, Center for Environmental Health, New York State
				  Department of Health, Empire State Plaza, Corning Tower, Albany, NY
				  12237.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.10 - Effective dates

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of sections
				  22.6
				  and
				  22.7 
				  of this Part shall be effective on December 1, 1981; the provisions of sections
				  22.4
				  and
				  22.5 
				  of this Part shall be effective on April 1, 1982; the provisions of section
				  22.8 
				  of this Part, which require the annual reporting of certain occupational
				  exposures not later than September 1st of each year, shall be effective
				  September 1, 1982 for the initial reporting period January 1, 1982 through June
				  30, 1982; and the provisions of sections
				  22.1,
				  22.2
				  and
				  22.3 
				  of this Part shall be effective on October 1, 1982.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.11 - Reporting of pesticide poisoning

Current through Register Vol. 46, No. 28, July 10, 2024
Every physician, health facility, and clinical laboratory in
				  attendance on a person with confirmed or suspected pesticide poisoning or with
				  any of the clinical laboratory results as described in section
				  22.12 
				  of this Part, shall report such occurrence to the State Commissioner of Health
				  within 48 hours. This report shall be on such forms or in such manner as
				  prescribed by the State Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 22 - Environmental Diseases › Section 22.12 - Reportable laboratory tests for pesticide poisoning

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of section
				  22.11 
				  of this Part the following laboratory tests are reportable to the State
				  Commissioner of Health:
(a) Blood
				cholinesterase levels which are below the normal range established by the
				clinical laboratory performing the test in accordance with quality assurance
				requirements established by the permit-issuing agency.
(b) Levels of pesticides in human tissue
				samples which exceed the normal range established by the clinical laboratory
				performing the test in accordance with quality assurance requirements
				established by the permit-issuing agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 23 - Sexually Transmissible Diseases › Section 23.1 - List of sexually transmitted diseases

Current through Register Vol. 46, No. 28, July 10, 2024
The following are groups of sexually transmitted diseases
				  (STDs) and shall constitute the definition of sexually transmitted diseases for
				  the purpose of this Part and Section 2311  of the Public Health Law:
Group A
Facilities referred to in section
				  23.2  of
				  this Part must provide diagnosis and treatment as provided in section
				  23.2(c) 
				  of this Part for the following STDs:
Chlamydia trachomatis infection
Gonorrhea
Syphilis
Non-gonococcal Urethritis (NGU)
Non-gonococcal (mucopurulent) Cervicitis
Trichomoniasis
Lymphogranuloma Venereum
Chancroid
Granuloma Inguinale
Group B
Facilities referred to in section
				  23.2  of this Part must provide
				  diagnosis and treatment, including prevention services, as provided in section
				  23.2(d)  of this
				  Part for the following STDs:
Human Papilloma Virus (HPV)
Genital Herpes Simplex
Human Immunodeficiency Virus (HIV)
Mpox
Group C
Facilities referred to in section
				  23.2  of
				  this Part must provide diagnosis and treatment as provided in section
				  23.2(e) 
				  of this Part for the following STD:
Pelvic Inflammatory Disease (PID)
				  Gonococcal/Non-gonococcal
Group D
Facilities referred to in section
				  23.2  of
				  this Part must provide diagnosis and treatment as provided in section
				  23.2(f) 
				  of this Part for the following STDs:
Yeast (Candida) Vaginitis
Bacterial Vaginosis
Pediculosis Pubis
Scabies
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 23 - Sexually Transmissible Diseases › Section 23.2 - Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Each health district shall provide adequate facilities either
				  directly or through contract for the diagnosis and treatment, including
				  prevention services, of persons living within its jurisdiction who are infected
				  or at risk of being infected with an STD as specified in section
				  23.1 
				  of this Part.
(a) Such persons shall
				be examined and shall have appropriate labora- tory specimens taken and
				laboratory tests performed for those diseases designated in this Part as STDs
				for which such person exhibits symptoms or is otherwise suspected of being
				infected.
(b) The examinations and
				laboratory tests shall be conducted in accordance with accepted medical
				procedures as described in the most recent evidence-based STD guidelines
				distributed by the New York State Department of Health.
(c) Any persons diagnosed as having any of
				the STDs in Group A in section
				23.1 
				of this Part shall be treated directly in the facility with appropriate
				medication in accordance with accepted medical procedures as described in the
				most recent evidence-based STD guidelines distributed by the
				department.
(d) Any persons
				diagnosed as having any of the STDs in Group B in section
				23.1 
				of this Part must be provided treatment either directly in the facility
				referred to in this section or through a written or electronic prescription or
				referral.
(e) Any person diagnosed
				as having the STD in Group C in section
				23.1 
				of this Part may be managed by immediate referral or if outpatient treatment is
				appropriate as indicated by evidence-based STD guidelines, the person may be
				treated directly in the facility.
(f) Any person diagnosed as having any of the
				STDs in Group D in section
				23.1 
				of this Part may be provided treatment directly within the facility referred to
				in this section or through a written or electronic prescription.
(g) Health districts shall seek third party
				reimbursement for these services to the greatest extent practicable; provided,
				however, that no board of health, local health officer, or other municipal
				health officer shall request or require that such coverage or indemnification
				be utilized as a condition of providing diagnosis or treatment services. Health
				care providers that are permitted by the patient to utilize such coverage or
				indemnification may disclose information to third party reimbursers or their
				agents to the extent necessary to reimburse health care providers for health
				services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 23 - Sexually Transmissible Diseases › Section 23.3 - Cases treated by other providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Every physician, physician assistant, licensed midwife or nurse practitioner
				providing (as authorized by their scope of practice) gynecological,
				obstetrical, genito-urological, contraceptive, sterilization, or termination of
				pregnancy services or treatment, shall offer to administer to every patient
				treated by such physician, physician assistant, licensed midwife or nurse
				practitioner, appropriate examinations or tests for STD as defined in this
				Part.
(b) The administrative
				officer or other person in charge of a clinic or other facility providing
				gynecological, obstetrical, genito-urological, contraceptive, sterilization or
				termination of pregnancy services or treatment shall require staff of such
				clinic or facility to offer to administer to every resident of the State of New
				York coming to such clinic or facility for such services or treatment,
				appropriate examinations or tests for the detection of sexually transmitted
				diseases.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 23 - Sexually Transmissible Diseases › Section 23.4 - Minors

Current through Register Vol. 46, No. 28, July 10, 2024
When a health care provider diagnoses, treats or prescribes
				  for a minor, without the consent or knowledge of a parent or guardian as
				  permitted by section 2305  of the Public Health Law, neither
				  medical nor billing re- cords shall be released or in any manner be made
				  available to the parent or guardian of such minor without the minor patient's
				  permission. In addition to being authorized in accordance with section 2305  of the Public Health Law to diagnose,
				  treat or prescribe for a person under the age of eighteen years without the
				  consent or knowledge of the parent or guardian of such person where the
				  individual is infected with a sexually transmitted disease, or has been exposed
				  to infection with a sexually transmitted disease, health care practitioners may
				  (as authorized by their scope of practice) render medical care related to other
				  sexually transmitted diseases without the consent or knowledge of the parent or
				  guardian.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 23 - Sexually Transmissible Diseases › Section 23.5 - Traffic control

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Definitions. As used in this section:
(1)
				Expedited partner therapy or EPT means a practice whereby a health care
				practitioner chooses to provide a patient with either antibiotics intended for
				the patient's sexual partner or partners or a written prescription for
				antibiotics for the sexual partner or partners to be delivered by the patient
				to the sexual partner or partners for treatment of exposure to chlamydia
				trachomatis.
(2) Health care
				practitioner means a physician, midwife, nurse practitioner, physician
				assistant, or other person who is authorized under title 8 of the Education Law
				to diagnose and prescribe drugs for chlamydia trachomatis, acting within his or
				her lawful scope of practice.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 24 - Acquired Immune Deficiency Syndrome (aids) › Subpart 24-2 - Prohibited Facilities › Section 24-2.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Establishment shall mean any place in which entry,
					 membership, goods or services are purchased.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 24 - Acquired Immune Deficiency Syndrome (aids) › Subpart 24-2 - Prohibited Facilities › Section 24-2.2 - Prohibited facilities

Current through Register Vol. 46, No. 28, July 10, 2024
No establishment shall make facilities available for the
					 purpose of sexual activities where anal intercourse, vaginal intercourse or
					 fellatio take place. Such facilities shall constitute a threat to the public
					 health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter I - State Sanitary Code › Part 24 - Acquired Immune Deficiency Syndrome (aids) › Subpart 24-2 - Prohibited Facilities › Section 24-2.3 - Closure

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other power they may have under any
					 applicable law, ordinance or regulations, the State Health Commissioner, local
					 health officers and local boards of health may close any such facilities or
					 establishments as constituting a public nuisance.
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 34-1 - Health Care Practitioner Referrals › Section 34-1.1 - Title

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall be known and cited as the "Health Care
						Practitioner Referrals."
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 34-1 - Health Care Practitioner Referrals › Section 34-1.3 - Referrals prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in this Part or in Public Health Law
						article 2 title 11- D, a practitioner authorized to order clinical laboratory
						services, pharmacy services, radiation therapy services, or X-ray or imaging
						services may not make a referral for such services to a health care provider
						authorized to provide such services where such practitioner or immediate family
						member of such practitioner has a financial relationship with such health care
						provider. A referral shall not be construed to include an arrangement whereby a
						treating practitioner makes arrangements with another covering practitioner for
						the treatment and/or care of the treating practitioner's patients for services
						routinely provided by the treating practitioner when the treating practitioner
						is unavailable to treat such patients.
(a) Effective December 8, 2002, physical
					 therapy services shall be subject to all applicable provisions of this Subpart
					 governing designated health services to the same extent that clinical
					 laboratory services, pharmacy services, radiation therapy services, or X-ray or
					 imaging services are subject to this Subpart, including, but not limited to,
					 provisions governing prohibited referrals, disclosure requirements, disclosure
					 forms and financial relationships.
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 34-1 - Health Care Practitioner Referrals › Section 34-1.4 - Disclosure: clinical laboratory services, pharmacy services, radiation therapy services, or x-ray or imaging services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An ownership interest or investment
					 interest shall not be subject to section 238-a (1)(a)  of the Public
					 Health Law or to section
					 34-1.3  of
					 this Subpart if:
(1) the health care provider
					 authorized to provide clinical laboratory services, pharmacy services,
					 radiation therapy services, or X-ray or imaging services is in a rural area and
					 the referring practitioner or the patient is in such rural area; or
(2) the clinical laboratory services,
					 pharmacy services, radiation therapy services, or X-ray or imaging services are
					 provided by a general hospital, the referring practitioner is authorized to
					 perform services at such general hospital, and the ownership or investment
					 interest is in the general hospital itself and not merely in a subdivision
					 thereof; or
(3) the clinical
					 laboratory services, pharmacy services, radiation therapy services, or X-ray or
					 imaging services are provided by an ambulatory surgical center issued an
					 operating certificate pursuant to Part 401 of this Title in conjunction with a
					 surgical procedure performed by the referring practitioner at the ambulatory
					 surgical center; and
(4) if each
					 practitioner who is an interested investor in a health care provider within a
					 category specified in paragraph (1), (2) or (3) of this subdivision discloses
					 to the patient the practitioner's, or family member's, ownership interest or
					 investment interest in the health care provider and the patient's right to
					 utilize a specifically identified alternative health care provider if any such
					 alternative is reasonably available, in the disclosure form specified in
					 section
					 34-1.6 
					 of this Subpart. Such form shall also be posted prominently in the
					 practitioner's office.
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 34-1 - Health Care Practitioner Referrals › Section 34-1.5 - Disclosure: other health or health related items or services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With respect to
					 referrals for health or health related items or services other than clinical
					 laboratory services, pharmacy services, radiation therapy services, or X-ray or
					 imaging services, and except as provided in subdivision (c) of this section, a
					 practitioner may not make a referral to a health care provider for the
					 furnishing of health or health related items or services where such
					 practitioner or immediate family member of such practitioner has any of the
					 following financial relationships without disclosing to the patient such
					 financial relationship:
(1) an ownership or
					 investment interest with such health care provider; or
(2) a compensation arrangement with such
					 health care provider which is in excess of fair market value, or which provides
					 for compensation that varies directly or indirectly based on the volume or
					 value of any referrals of business between the parties.
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 34-1 - Health Care Practitioner Referrals › Section 34-1.6 - Disclosure form

Current through Register Vol. 46, No. 28, July 10, 2024
NOTICE TO PATIENTS
Because of concerns that there may be a conflict of
						interest when a physician refers a patient to a health care facility in which
						the physician has a financial interest, New York State passed a law. The law
						prohibits me, with certain exceptions, from referring you for clinical
						laboratory services, pharmacy services, radiation therapy, or X-ray or imaging
						services to a facility in which I or any of my immediate family members have a
						financial interest. If certain of the exceptions in the law apply, or if I am
						referring you for other than clinical laboratory, pharmacy, radiation therapy
						services, or x-ray or imaging services, I can make the referral under one
						condition. The condition is that I disclose this financial interest and tell
						you about alternative providers where you may go to obtain these services. This
						disclosure is intended to help you make a fully informed decision about your
						health care.
I or my immediate family members have a financial
						relationship with the following providers:
__________________________________________________
__________________________________________________
__________________________________________________
For more information about alternative providers, please
						ask me or my staff. We will provide you with names and addresses of providers
						best suited to your individual needs that are nearest to your home or place of
						work.
Name of Physician
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 34-1 - Health Care Practitioner Referrals › Section 34-1.7 - Exceptions from compensation arrangement prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following shall not be considered to be compensation
						arrangements subject to Public Health Law, section
						238-a(1)(a) or to section
						34-1.3  of
						this Subpart:
(a) Rental of equipment.
					 Payments made by a lessee of equipment to the lessor of the equipment for the
					 use of the equipment, if:
(1) the lease is
					 set out in writing, signed by the parties, and specifies the equipment covered
					 by the lease;
(2) the equipment
					 rented or leased does not exceed that which is reasonable and necessary for the
					 legitimate business purposes of the lease or rental and is used exclusively by
					 the lessee when being used by the lessee;
(3) the lease provides for a term of rental
					 or lease of at least one year;
(4)
					 the rental charges over the term of the lease are set in advance, are
					 consistent with fair market value, and are not determined in a manner that
					 takes into account the volume or value of any referrals or other business
					 generated between the parties; and
(5) the lease would be commercially
					 reasonable even if no referrals were made between the parties.
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 34-2.1 - Title

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall be known and cited as "Laboratory
						Business Practices".
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 34-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subpart, the following terms shall
						have the following meanings:
(a) Agent
					 means an individual who agrees, pursuant to a written agreement with another,
					 the principal, to act on behalf of, instead of, and subject to the authority
					 and control of, the principal with regard to acts described in the agreement
					 and to perform such acts with individual good faith, loyalty and fidelity to
					 the principal.
(b) Clinical
					 laboratory means a facility for the microbiological, immunological, chemical,
					 hematological, biophysical, cytological, pathological, genetic or other
					 examination of materials derived from the human body, for the purpose of
					 obtaining information for the diagnosis, prevention or treatment of disease, or
					 the assessment of a health condition, or for identification purposes. Such
					 examinations shall include procedures to determine, measure, or otherwise
					 describe the presence or absence of various substances, components or organisms
					 in the human body. Clinical laboratory does not mean any facility or activity
					 specifically excluded by section 579  of the Public Health Law.
(c) Clinical laboratory services means
					 examinations, tests and/or analyses performed by a clinical
					 laboratory.
(d) Consideration means
					 anything of value or benefit, in cash or in kind.
(e) Contract for laboratory management
					 services means a legally enforceable written agreement between a clinical
					 laboratory under department permit and a hospital or a health maintenance
					 organization, whereby the contracting clinical laboratory:
(1) agrees to provide laboratory management
					 services at fair market value at a facility of a contracting
					 hospital;
(2) agrees to provide
					 laboratory management services at fair market value at a facility of a
					 contracting health maintenance organization; or
(3) agrees to provide clinical laboratory
					 services at the laboratory's facility, and directly related services, all at
					 fair market value, pursuant to a referral by the contracting hospital or health
					 maintenance organization.
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 34-2.3 - Prohibited business practices by health services purveyors-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No health
					 services purveyor shall solicit, receive, accept, or agree to receive or accept
					 any payment or other consideration from a clinical laboratory, or its agent,
					 employee or fiduciary for the referral of specimens for the performance of
					 clinical laboratory services.
(b)
					 No health services purveyor shall participate in the division, transference,
					 assignment, rebate, or splitting of fees with any clinical laboratory, or its
					 agent, employee or fiduciary, or with any other health services purveyor, in
					 relation to clinical laboratory services.
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 34-2.4 - Prohibited business practices by clinical laboratories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No clinical laboratory, its agent,
					 employee or fiduciary shall make, offer, give, or agree to make, offer or give,
					 any payment or other consideration to a health services purveyor for the
					 referral of specimens for the performance of clinical laboratory
					 services.
(b) No clinical
					 laboratory, its agent, employee or fiduciary, shall participate in the
					 division, transference, assignment, rebate, or splitting of fees with any
					 health services purveyor, or with another clinical laboratory, in relation to
					 clinical laboratory services.
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 34-2.5 - Equipment, supplies and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provision at less than fair market
					 value of equipment and supplies by a clinical laboratory to a health services
					 purveyor is prohibited, except that a clinical laboratory may offer to provide,
					 and a referring health services purveyor may accept, directly related equipment
					 and supplies.
(b) A clinical
					 laboratory may offer to perform, and a referring health services purveyor may
					 accept, directly related services, unless prohibited by this Subpart.
(c) Any equipment and supplies provided to a
					 health services purveyor by a clinical laboratory, which is used in a manner
					 prohibited by this Subpart and which is in the possession of the health
					 services purveyor at the time this Subpart becomes effective, shall be returned
					 to the clinical laboratory by the health services purveyor or reclaimed by the
					 clinical laboratory within 60 days of the effective date of 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 34 - Health Care Practitioner Referrals And Laboratory Business Practices › Subpart 34-2 - Laboratory Business Practices › Section 34-2.8 - Professional courtesy

Current through Register Vol. 46, No. 28, July 10, 2024
The provision of clinical laboratory services by a
						clinical laboratory for health services purveyors, their families, or their
						employees, agents, or fiduciaries at a charge which is below the lower of the
						applicable Medicare fee schedule amount or the national limitation amount as
						defined by the Medicare program for such services is 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 34-2.9 - Computers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provision,
					 at less than fair market value, of computers, including hardware, hard drives,
					 or monitors; or of computer equipment or supplies such as stands, tables,
					 printers, printer stands, interfacing telephone lines, or modems; or of
					 software, by a clinical laboratory to a health services purveyor, is
					 prohibited, except as stated in this section.
(b) Nothing in Public Health Law, section
					 587 or in this Subpart shall be construed to
					 prohibit a clinical laboratory from providing a computer, computer equipment,
					 computer supplies and/or software, and/or developing and providing software, to
					 a health services purveyor, under the following circumstances:
(1) the computer, computer equipment,
					 computer supplies and/or software are solely and exclusively used for, and are
					 solely and exclusively dedicated to, enabling the health services purveyor to:
(i) make referrals of specimens for the
					 performance of clinical laboratory services to the clinical
					 laboratory;
(ii) receive, access,
					 print and/or store test results from the clinical laboratory, including
					 cumulative test results concerning a particular patient, and including test
					 related information stored by the clinical laboratory;
(iii) transmit data to the clinical
					 laboratory necessary for preparation of laboratory requisition forms and/or
					 billing invoices; and
(iv) transfer
					 laboratory related data from the clinical laboratory to any computer system
					 maintained by the health services purveyor;