Title PBH, Public Health

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

§ 4405-a. Immunizations against poliomyelitis, mumps, measles,\ndiphtheria and rubella. 1. It shall be the duty of the administrative\nofficer or other person in charge of each health maintenance\norganization, as defined in this article, to inquire of each person in\nits care u…

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

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

§ 4406-a. Arbitration provisions of health maintenance organization\ncontracts. 1. The enrollee contract of a health maintenance organization\nmay permit enrollees and adult members of the enrollee's family who are\ncovered by such contract to elect to have all claims for damage…

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

§ 4406-c. Prohibitions. 1. For purposes of this section, "health care\nplan" shall mean a health maintenance organization licensed pursuant to\narticle forty-three of the insurance law or certified pursuant to this\narticle or an independent practice association certified or rec…

§ 4406-d. Health care professional applications and terminations. 1.\n(a) A health care plan shall, upon request, make available and disclose\nto health care professionals written application procedures and minimum\nqualification requirements which a health care professional mus…

§ 4406-e. Access to end of life care. 1. For the purposes of this\nsection, "health care plan" means a health maintenance organization\nlicensed pursuant to article forty-three of the insurance law or\ncertified pursuant to this article.\n 2. Every health care plan that provides…

§ 4406-f. Maternal depression screenings. To the extent a plan\nprovides coverage for maternal depression screening, no health\nmaintenance organization subject to this article shall by contract,\nwritten policy or procedure limit a patient enrollee's direct access to\nscreening…

§ 4406-g. Telehealth delivery of services. 1. A health maintenance\norganization shall not exclude from coverage a service that is otherwise\ncovered under an enrollee contract of a health maintenance organization\nbecause the service is delivered via telehealth, as that term is…

§ 4406-h. Health care facility applications. 1. A health care plan\nshall, upon request, make available and disclose to facilities written\napplication procedures and minimum qualification requirements that a\nfacility must meet in order to be considered by the health care plan …

§ 4406-i. Utilization review determinations for medically fragile\nchildren. 1. Notwithstanding any inconsistent provision of the health\nmaintenance organization's clinical standards, the health maintenance\norganization, and any utilization review agent under contract with suc…

§ 4407. Health maintenance organizations; employer requirements. 1.\nAll employers subject to the provisions of the unemployment insurance\nlaw, except for those employers with fewer than twenty-five employees,\nshall include in any health benefits plan offered to their employee…

§ 4408. Disclosure of information. 1. Each subscriber, and upon\nrequest each prospective subscriber prior to enrollment, shall be\nsupplied with written disclosure information which may be incorporated\ninto the member handbook or the subscriber contract or certificate\ncontain…

* § 4408-a. Integrated delivery systems. 1. Legislative purpose and\nfindings. The legislature intends to facilitate the ability of\nintegrated delivery systems to assume a larger role in delivering a full\narray of health care services, from primary and preventive care through\…

* § 4408-a. Grievance procedure. 1. A health maintenance organization\nlicensed pursuant to article forty-three of the insurance law or\ncertified pursuant to this article, and any other organization certified\npursuant to this article shall establish and maintain a grievance\np…

§ 4409. Health maintenance organizations; examinations. 1. In order to\ncarry out the provisions of this article, the commissioner, pursuant to\nhis authority under section two hundred six of this chapter, shall\nexamine not less than once every three years, each health maintena…

§ 4410. Health maintenance organizations; professional services. 1.\nThe provision of comprehensive health services directly or indirectly,\nby a health maintenance organization through its comprehensive health\nservices plan shall not be considered the practice of the professio…

§ 4411. Construction. The provisions of laws other than this article\nshall not be applicable to the certification of any health maintenance\norganization under this article except where so specified; provided,\nhowever, that no health maintenance organization shall include in i…

§ 4412. Separability. If any clause, sentence, paragraph, subdivision,\nsection or part of this article shall be adjudged by any court of\ncompetent jurisdiction to be invalid, the judgment shall not affect,\nimpair, or invalidate the remainder thereof, but shall be confined in\…

§ 4413. Savings clause. Nothing contained in this article or any act\namendatory thereof shall affect or impair the validity of any act done\nor right accruing, accrued or acquired or any order, judgment, or status\nestablished prior to the enactment of this article or prior to …

§ 4414. Health care compliance programs. 1. The commissioner, after\nconsultation with the superintendent of financial services, shall by\nregulation establish standards and criteria for compliance programs to\nbe implemented by persons providing coverage or coverage and service…

* § 4416. Excess reserves of certain health maintenance organizations.\n1. The commissioner is authorized to require any comprehensive health\nservices plan issued a special purpose certificate of authority under\nsection forty-four hundred three-a of this article, that satisfie…

§ 450. Directors of hospitals; qualifications and appointment. 1.\nThere shall be a director of each state hospital in the department, who\nshall be in the competitive class of civil service, and who shall be\nappointed by the commissioner.\n 2. The director shall possess the qu…

§ 4500. Legislative findings and statement of policy. The security of\nthe health and welfare of the residents of this state requires, that the\nutmost attention be given to assure that persons seeking medical care\nand treatment in this state receive adequate care rendered with…

§ 4501. Medical referral service businesses prohibited. 1. No person,\nfirm, partnership, association or corporation, or agent or employee\nthereof, shall engage in for profit any business or service which in\nwhole or in part includes the referral or recommendation of persons t…

§ 4502. Penalties. 1. A violation of the provisions of this section\nshall constitute a misdemeanor and upon conviction thereof may be\npunished by imprisonment for not longer than one year or a fine of not\nmore than five thousand dollars or by both such fine and imprisonment.\…

§ 4503. Application. The provisions of this article shall not apply to\nany individual, agency, association or corporation not organized or\nincorporated for pecuniary profit or financial gain or to any\norganization or association which is exempt from taxation pursuant to\nsect…

§ 451. Directors of hospitals; removal and suspension. 1. The director\nof a hospital in the department may be removed by the commissioner for\ncause stated in writing, after an opportunity has been given the\ndirector to be heard thereon. Such action by the commissioner shall b…

§ 452. Directors of hospitals; general powers and duties. 1. The\ndirector of each hospital in the department shall be the executive\nofficer of the hospital and shall:\n (a) be in immediate charge of the activities and management of the\nhospital, subject to the supervision and…

§ 453. Treasurers of hospitals; appointment. 1. Each hospital in the\ndepartment shall have a treasurer.\n 2. (a) The commissioner may appoint such an officer for each hospital.\n (b) In the event that the commissioner fails to appoint a treasurer as\nprovided by this section, o…

§ 454. Treasurers of hospitals; powers and duties. Subject to rules\nand regulations of the commissioner, the treasurer of each hospital in\nthe department shall:\n (a) receive and have the custody of all moneys and securities of the\nhospital from whatever sources derived, exce…

§ 455. Hospitals; special police officers; powers and duties. 1. The\ndirector of each hospital in the department may designate attendants or\nother employees to act as special police officers whose duty it shall be\nunder the orders of the director to protect the grounds, build…

§ 4550. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Control" means the possession, direct or indirect, of the power to\ndirect or cause the direction of the management, administrative\nfunctions, and policies of a …

§ 4551. Disclosure of material transactions. Pursuant to this article,\nthe department shall adopt a process for the disclosure and notice of\nmaterial transactions. The items disclosed shall include the factors\nlisted in this article. Nothing in this article shall limit or res…

§ 4552. Notice of material transactions; requirements. 1. A health\ncare entity shall submit to the department written notice, with\nsupporting documentation as described below and further defined in\nregulation developed by the department, which the department shall be in\nrece…

§ 460. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Commissioner" shall mean the commissioner of health.\n 2. "Body piercing" shall mean the piercing of any part of the body,\nexcept the ear. Such term shall not include tongue-splitting, as…

§ 460-a. Restrictions on body piercing studios. 1. No owner, operator\nor employee of a body piercing studio shall permit body piercing on a\nperson under eighteen years of age unless such person provides the body\npiercing studio with the written consent, in a form prescribed b…

§ 4600. Legislative findings and purpose. The dramatic increase in the\nnumbers of elderly people, especially those seventy-five years of age\nand older, coupled with the special housing and health care needs of\nthis growing segment of the population, requires the development o…

§ 4601. Definitions. As used in this article:\n 1. "Certificates" or "certificate of authority" shall mean an\nauthorization in writing, approved by the council and issued by the\ncommissioner, for an operator to operate a continuing care retirement\ncommunity and to enter into …

§ 4602. Commissioner; powers and duties. The commissioner shall have\nthe following powers and duties:\n 1. to receive applications from potential operators of continuing care\nretirement communities and to distribute such applications for review to\nthe participating agencies;\…

§ 4603. Continuing care retirement community council; powers and\nduties. 1. The continuing care retirement community council is hereby\nestablished, to consist of the following, or their designees: the\nattorney general; the commissioner; the director of the office for the\nagi…

§ 4603-a. Residential health care demonstration facilities. 1. The\ncommissioner, upon approval of the continuing care retirement community\ncouncil and the public health council shall issue a certificate of\nincorporation of up to three residential health care demonstration\nfa…

§ 4604. Certificate of authority required; application and approval.\n1. No person shall construct, expand, acquire, maintain, or operate a\ncontinuing care retirement community, or enter into a contract as an\noperator, or solicit the execution of any contract for continuing ca…

§ 4604-a. Commissioner approval required for industrial development\nagency financing in connection with continuing care retirement\ncommunities. 1. No person seeking financing in connection with a\ncontinuing care retirement community through an industrial development\nagency s…

§ 4605. Certificate of authority; authority of operator. 1. A\ncertificate of authority shall authorize an operator:\n a. to operate a continuing care retirement community and to enter into\ncontracts pertaining to such community;\n b. to prepare and make public information that…

§ 4605-a. Certificate of authority; authority to offer continuing care\nat home contracts. A continuing care retirement community may offer\ncontinuing care at home contracts upon approval by the commissioner to\namend the continuing care retirement community's certificate of\na…

§ 4605-b. Certificate of authority; limitation on continuing care at\nhome contracts. The number of continuing care at home contracts approved\non a certificate of authority shall be limited to:\n 1. The number of approved living units on the continuing care\nretirement communit…

§ 4606. Initial disclosure statement. Prior to the execution of a\ncontract, or before the transfer of any money, other than a refundable\npriority reservation fee or non-refundable priority reservation\nagreement application fee, to an operator by or on behalf of a\nprospective…