Title PBH, Public Health

§ 4221. Removal of eyes and/or parts thereof after death. If any donation, authorization or consent made pursuant to section forty-three hundred three of this article or dissection made pursuant to subdivision three of section forty-two hundred ten of this article relates to the…

§ 4222. Removal of corneal tissue for transplant and pituitary gland tissue for the extraction of growth hormone. 1. Upon request from a general hospital or medical center for corneal tissue for transplant or pituitary gland tissue for extraction of growth hormone, the coroner o…

§ 423. Boards of visitors; general powers and duties. 1. The board of visitors of each hospital in the department shall have the powers and duties expressly conferred or imposed on it by this chapter and such other powers and duties, not inconsistent with law as may be prescribe…

§ 424. Boards of visitors; access to hospital; books, records and accounts. The resident officers of each hospital in the department shall admit the members of the board of visitors of the respective hospital into every part of the hospital and its buildings, and exhibit to them…

§ 425. Boards of visitors; reports to commissioner and governor. 1. The board of visitors of each hospital in the department shall make a written report to the commissioner and to the governor within ten days after each inspection, such report to be signed by each member making …

§ 4300. Definitions. As used in this article, the following terms shall have the following meanings: 1. "Anatomical gift" or "gift" means a donation of a whole body or part of a human body, to take effect after the donor's death, for the purpose of transplantation, therapy, rese…

§ 4301. Persons who may execute an anatomical gift. 1. (a) Any individual of sound mind and eighteen years of age or more may make an anatomical gift to take effect upon their death for any purpose specified in section forty-three hundred two of this article, limit an anatomical…

§ 4302. Uses and dispositions of anatomical gifts. 1. All anatomical\ngifts made under this article may be made to the following persons named\nin the document of gift:\n (a) a hospital; accredited medical school, dental school, college or\nuniversity; organ procurement organiza…

§ 4303. Manner of executing anatomical gifts. 1. A gift of all or part of the body under this article may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testame…

§ 4304. Delivery of document of gift. If the gift is made by the donor to a specified donee, the will, card or other document or a copy of the executed document, may be delivered to him or her to expedite the appropriate procedures immediately after death; however delivery is no…

§ 4305. Amendments or revocation of the gift. 1. An individual who has created a document of gift may only amend or revoke his or her gift by: (a) a record signed, subsequently to the creation of the document of gift by: (i) such individual; (ii) another person authorized to mak…

§ 4306. Rights and duties at death. 1. The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body,…

§ 4306-a. Advanced directives and health care proxies. 1. If a prospective donor in a hospital has a declaration or advance health care directive and terms of the declaration, directive or proxy document concerning life-sustaining treatment are in conflict with the express or im…

§ 4306-b. Withdrawal of life-sustaining treatment. This section applies in cases where a prospective donor who has made an anatomical gift or whose donation status has not been ascertained is in a hospital. The hospital shall not withdraw any measures that are necessary to maint…

§ 4307. Prohibition of sales and purchases of human organs. 1. It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer for valuable consideration any part for use in human transplantation. The term "valuable consideration" does not include the re…

§ 4308. Prohibition on charging a fee to a donor's estate. Notwithstanding any other provision of law, no physician, hospital or other health care provider may charge the donor's estate, family or insurer for any cost incurred in testing or removing a human organ or tissue from …

§ 4309. Application. The provisions of this article shall not be deemed to supersede or affect the provisions of the public health law relating to the functions, powers and duties of coroners, coroner's physicians or medical examiners.

§ 4310. New York state donate life registry for organ, eye and tissue donations. 1. The department shall establish an organ, eye, and tissue donor registry, which shall be called and be referred to as the "donate life registry", which shall provide a means to make and register a…

§ 4351. Duties of hospital administrators, organ procurement organizations, eye banks or tissue banks. 1. (a) When the death of a person in a hospital has occurred or is imminent, the hospital shall contact the organ procurement organization in order to make a preliminary determ…

§ 4360. Definitions. The following words or phrases, used in this article, shall have the following meanings, unless the context otherwise requires: 1. "Bank" or "storage facility" means any person or facility, which procures, stores or arranges for the storage of (a) non-transp…

§ 4361. Transplant council. 1. There shall be created in the department a transplant council which shall advise and make recommendations to the commissioner on matters relating to organ donation, procurement organizations, banks, and storage facilities and other issues related t…

§ 4362. Organ procurement organizations. 1. No person shall own or operate an organ procurement organization that is principally located or operated in New York state unless: (a) the organization is currently designated by the secretary of health and human services as an organ p…

§ 4363. Waiting lists for organs. 1. All organs retrieved for transplantation in New York state shall be allocated according to waiting lists developed by the organ procurement organization in the service area in which the organ is procured, provided, however, that nothing herei…

§ 4364. Licensure of banks and storage facilities. 1. No person shall own or operate a bank or storage facility that conducts procurement activity in New York state unless a license has been issued pursuant to this article. 2. An application for a license for a bank or storage f…

§ 4365. Powers and duties of the commissioner. 1. The commissioner, in consultation with the transplant council, may promulgate regulations to establish standards for banks and storage facilities other than those owned or operated by the office of mental health. Such standards m…

§ 4366. Enforcement. 1. The commissioner may revoke, suspend, limit or annul, a bank or storage facility license or may fine the holder thereof on proof that the license holder or one or more persons in its employ: (a) has engaged in misrepresentation in obtaining the license or…

§ 4367. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to…

§ 4368. New York state gift of life medal of honor. The governor shall establish a program for public recognition of organ, tissue and bone marrow donors and their families for their life saving contributions. The governor shall commission the design, with the advice and consent…

§ 4369. Bone marrow registry information. 1. The commissioner, in consultation with health care practitioners and others with expertise in bone marrow donation and transplant and with the assistance of the transplant council as appropriate, shall develop and make available infor…

§ 4370. Definitions. As used in this title, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n 1. "Living donation" means the gift by an individual of an organ of\nthat individual's body to be transplanted into another indiv…

§ 4371. Reimbursement of living donor expenses. 1. The living donor\nsupport program is hereby established in the department.\n 2. (a) Subject to appropriations therefor, the program shall pay the\nliving donor expenses for living donors who are residents of the state\nand make …

§ 4372. Transplant education of patients with kidney disease or end stage renal failure. Nephrologists and primary care providers with primary responsibility of caring for patients with chronic kidney disease stage three or four, or end stage renal disease, shall provide patient…

§ 4400. Statement of policy and purposes. Encouraging the expansion of health care services options available to the citizens of the state is a matter of vital state concern. Without such an expansion, increased health insurance and other benefits will continue to escalate the c…

§ 4401. Definitions. For the purpose of this article: 1. "Health maintenance organization" or "organization" means any person, natural or corporate, or any groups of such persons who enter into an arrangement, agreement or plan or any combination of arrangements or plans which p…

§ 4402. Health maintenance organizations; application for certificate of authority. 1. No person or groups of persons may operate a health maintenance organization or issue a contract to an enrollee for membership in a comprehensive health services plan without first obtaining a…

§ 4403. Health maintenance organizations; issuance of certificate of authority. 1. The commissioner shall not issue a certificate of authority to an applicant therefor unless the applicant demonstrates that: (a) it has defined a proposed enrolled population to which the health m…

* § 4403-a. Special purpose certificate of authority. 1. The commissioner may issue a special purpose certificate of authority to a provider, applying on forms prescribed by the commissioner, seeking to offer a comprehensive health services plan on a prepaid contractual basis ei…

* § 4403-b. Development of comprehensive health services plans. The commissioner is authorized, after consultation with the commissioner of social services, and subject to the approval of the director of the budget, to make grants to diagnostic and treatment centers and general …

* § 4403-c. Comprehensive HIV special needs plan certification. 1. No person or group of persons may operate a comprehensive HIV special needs plan without first obtaining a certificate of authority from the commissioner. Any person may apply for a comprehensive HIV special need…

§ 4403-d. Special needs managed care plans. No person, group of persons, county or counties may operate a special needs managed care plan without first obtaining a certificate of authority from the commissioner, issued jointly with the commissioner of the office of mental health…

* § 4403-e. Primary care partial capitation providers; partial capitation certificate of authority. 1. The commissioner may issue partial capitation certificates of authority to qualified individual medical services providers, counties or entities comprised of medical services p…

* § 4403-f. Managed long term care plans. 1. Definitions. As used in this section: (a) "Managed long term care plan" means an entity that has received a certificate of authority pursuant to this section to provide, or arrange for, health and long term care services, on a capitat…

* § 4403-g. Developmental disability individual support and care coordination organizations. 1. Definitions. As used in this section: (a) "Developmental disability individual support and care coordination organization" or "DISCO" means an entity that has received a certificate o…

§ 4404. Health maintenance organizations; continuance of certificate of authority. 1. Continuance by the commissioner of a certificate of authority issued under section forty-four hundred three of this article shall be contingent upon satisfactory performance by the organization…

§ 4405. Health maintenance organizations; powers. The powers of health maintenance organizations, in addition to any other powers conferred by the laws under which such organization is constructed, shall include: 1. subject to the provisions of article twenty-eight of this chapt…

§ 4405-a. Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella. 1. It shall be the duty of the administrative officer or other person in charge of each health maintenance organization, as defined in this article, to inquire of each person in its care under…

§ 4405-b. Duty to report. 1. (a) A health maintenance organization licensed pursuant to article forty-three of the insurance law or certified pursuant to this chapter shall make a report to the appropriate professional disciplinary agency within thirty days of the occurrence of …

§ 4406. Health maintenance organizations; regulation of contracts. 1. The contract between a health maintenance organization and an enrollee shall be subject to regulation by the superintendent as if it were a health insurance subscriber contract, and shall include, but not be l…

§ 4406-a. Arbitration provisions of health maintenance organization contracts. 1. The enrollee contract of a health maintenance organization may permit enrollees and adult members of the enrollee's family who are covered by such contract to elect to have all claims for damages b…

§ 4406-b. Primary and preventive obstetric and gynecologic care. 1. The health maintenance organization shall not limit a female enrollee's direct access to primary and preventive obstetric and gynecologic services, including annual examinations, care resulting from such annual …