Title PBH, Public Health

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

§ 4406-d. Health care professional applications and terminations. 1. (a) A health care plan shall, upon request, make available and disclose to health care professionals written application procedures and minimum qualification requirements which a health care professional must m…

§ 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 provides coverage for maternal depression screening, no health maintenance organization subject to this article shall by contract, written policy or procedure limit a patient enrollee's direct access to screening and…

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

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

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

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

§ 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 licensed pursuant to article forty-three of the insurance law or certified pursuant to this article, and any other organization certified pursuant to this article shall establish and maintain a grievance proce…

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

§ 4410. Health maintenance organizations; professional services. 1. The provision of comprehensive health services directly or indirectly, by a health maintenance organization through its comprehensive health services plan shall not be considered the practice of the profession o…

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

§ 4412. Separability. If any clause, sentence, paragraph, subdivision, 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…

§ 4413. Savings clause. Nothing contained in this article or any act amendatory thereof shall affect or impair the validity of any act done or right accruing, accrued or acquired or any order, judgment, or status established prior to the enactment of this article or prior to the…

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

* § 4416. Excess reserves of certain health maintenance organizations. 1. The commissioner is authorized to require any comprehensive health services plan issued a special purpose certificate of authority under section forty-four hundred three-a of this article, that satisfies t…

§ 450. Directors of hospitals; qualifications and appointment. 1. There shall be a director of each state hospital in the department, who shall be in the competitive class of civil service, and who shall be appointed by the commissioner. 2. The director shall possess the qualifi…

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

§ 4501. Medical referral service businesses prohibited. 1. No person, firm, partnership, association or corporation, or agent or employee thereof, shall engage in for profit any business or service which in whole or in part includes the referral or recommendation of persons to a…

§ 4502. Penalties. 1. A violation of the provisions of this section shall constitute a misdemeanor and upon conviction thereof may be punished by imprisonment for not longer than one year or a fine of not more than five thousand dollars or by both such fine and imprisonment. 2. …

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

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

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

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

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

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

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

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

§ 4552. Notice of material transactions; requirements. 1. A health care entity shall submit to the department written notice, with supporting documentation as described below and further defined in regulation developed by the department, which the department shall be in receipt …

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

§ 460-a. Restrictions on body piercing studios. 1. No owner, operator or employee of a body piercing studio shall permit body piercing on a person under eighteen years of age unless such person provides the body piercing studio with the written consent, in a form prescribed by t…

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

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

§ 4602. Commissioner; powers and duties. The commissioner shall have the following powers and duties: 1. to receive applications from potential operators of continuing care retirement communities and to distribute such applications for review to the participating agencies; 2. to…

§ 4603. Continuing care retirement community council; powers and duties. 1. The continuing care retirement community council is hereby established, to consist of the following, or their designees: the attorney general; the commissioner; the director of the office for the aging; …

§ 4603-a. Residential health care demonstration facilities. 1. The commissioner, upon approval of the continuing care retirement community council and the public health council shall issue a certificate of incorporation of up to three residential health care demonstration facili…

§ 4604. Certificate of authority required; application and approval. 1. No person shall construct, expand, acquire, maintain, or operate a continuing care retirement community, or enter into a contract as an operator, or solicit the execution of any contract for continuing care …

§ 4604-a. Commissioner approval required for industrial development agency financing in connection with continuing care retirement communities. 1. No person seeking financing in connection with a continuing care retirement community through an industrial development agency shall…

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

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

§ 4605-b. Certificate of authority; limitation on continuing care at home contracts. The number of continuing care at home contracts approved on a certificate of authority shall be limited to: 1. The number of approved living units on the continuing care retirement community's p…

§ 4606. Initial disclosure statement. Prior to the execution of a contract, or before the transfer of any money, other than a refundable priority reservation fee or non-refundable priority reservation agreement application fee, to an operator by or on behalf of a prospective res…

§ 4607. Annual statement. 1. Within four months of close of the operator's fiscal year, unless an extension of time to file has been granted, the operator shall file an annual statement with the commissioner and superintendent showing the condition as of the last day of the prec…

§ 4608. Contracts. A continuing care retirement contract or continuing care at home contract shall contain all of the following information in no less than twelve point type and in plain language, in addition to any other terms or matter as may be required by regulations adopted…

§ 4608-a. Continuing care at home requirements. Continuing care retirement communities offering continuing care at home contracts shall: 1. Ensure that all continuing care retirement community employees or contractors providing services to continuing care at home contract holder…

§ 4609. Withdrawal, death or dismissal of person; refund. 1. Upon the giving of written notice of cancellation by certified mail of at least thirty days, the contract may be cancelled by a resident for any reason, or by an operator if the applicant has willfully mismanaged asset…

§ 461. Permit required. 1. No person shall be a body piercing specialist or tattooist and no person, firm, corporation, partnership, or other association shall operate a body piercing studio or tattoo studio without first obtaining a permit from the department. 2. All body pierc…

§ 4610. Entrance fee escrow account. As a condition for approval to advertise and collect refundable entry fees/deposits: 1. The operator shall establish an interest-bearing account with a New York bank, New York savings and loan association, or New York trust company for any en…