Title PBH, Public Health

* § 4662. Entrance fee escrow account. As a condition for approval to\nadvertise and collect refundable entry fees/deposits:\n 1. The operator shall establish an interest-bearing account with a New\nYork state bank, New York state savings and loan association, or New\nYork state…

* § 4662. Powers of the commissioner. 1. The commissioner is hereby\nauthorized to:\n (a) develop, in consultation with the director of the state office for\nthe aging, consumers, operators of assisted living residences and home\ncare service agency providers, a consumer informa…

* § 4663. Release of escrowed funds to the operator. Escrowed funds\nshall not be released to the operator unless:\n 1. construction or purchase of the community or an approved phase of a\ncommunity has been substantially completed, an occupancy permit covering\nthe living unit …

* § 4663. Penalties and enforcement. Any person who violates any\nprovision of this article or any rule or regulation promulgated by the\ndepartment, or the terms or conditions of any order or permit issued by\nthe department pursuant to this article, shall be subject to the max…

§ 4664. Asset reserves. An operator shall maintain reserve liabilities\nand supporting assets in an amount for the purposes set forth in a\nregulation issued by the commissioner. Liquid assets shall be maintained\nfor the following reserve liabilities:\n 1. Fifteen percent of th…

§ 4665. Residents' organizations. 1. Residents living in a community\nauthorized by this article shall have the right of self-organization,\nthe right to be represented by one or more individuals of their own\nchoosing, and the right to engage in concerted activities for the\npu…

§ 4666. Advertisements. No person, partnership, corporation, company,\ntrust or association, or any agent or employee thereof, shall publish or\ncause to be published, circulated, or disseminated any financial\nstatement, pamphlet, circular, form letter, advertisement, or other\…

§ 4667. Audits. 1. The commissioner, or his or her designee, may at\nany time, and shall at least once every three years, visit each\ncommunity and examine the business of any applicant for a certificate of\nauthority and any operator engaged in the execution of fee-for-service\…

§ 4668. Revocation, suspension or annulment of certificate of\nauthority. 1. The commissioner may revoke, suspend, limit or annul the\ncertificate of authority of an operator upon proof that:\n a. The operator failed to continue to meet the requirements for the\nauthority origin…

§ 4669. Appointment of a caretaker. Upon a determination by the\ncommissioner that there exists operational deficiencies in a\nfee-for-service continuing care retirement community that show:\n 1. there exists in the facility a pattern or practice of habitual\nviolation of the st…

§ 467. Single use tattoo and body piercing equipment.\n 1. All tattoo studios and body piercing studios shall use only single\nuse needles and approved ink handling procedures in all tattoo and body\npiercing procedures performed in such establishments.\n 2. Prior to a person re…

§ 4670. Receiverships. 1. The commissioner may, upon a determination\nthat serious operational deficiencies exist or serious financial\nproblems exist and such action is desirable, enter into an agreement\nwith the operator or owners of a fee-for-service continuing care\nretirem…

§ 4671. Civil action. Any person who, as or on behalf of an operator,\nenters into a contract without having first delivered to the prospective\nresident the disclosure statement and annual report required by sections\nforty-six hundred fifty-seven and forty-six hundred fifty-ei…

§ 4672. Criminal penalties. 1. A person, partnership, corporation,\ncontrolling person, or agent or employee thereof, who knowingly uses or\nemploys any act or practice in violation of this article shall be guilty\nof a class A misdemeanor.\n 2. Nothing under this article shall …

§ 4673. Separability. If any clause, sentence, paragraph, section or\npart of this article shall be adjudged by any court of competent\njurisdiction to be invalid, the judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\…

§ 4674. Priority reservation agreements; prior to obtaining a\ncertificate of authority. The provisions of this section shall apply to\nentities that seek approval to enter into priority reservation\nagreements and to solicit, collect or receive priority reservation fees,\nwith …

§ 4675. Priority reservation agreements; after obtaining a certificate\nof authority. The provisions of this section apply to entities that seek\napproval to enter into priority reservation agreements and to solicit,\ncollect or receive priority reservation fees, with respect to…

§ 4676. Industrial development agency financing. Fee-for-service\ncontinuing care retirement communities developed pursuant to this\narticle shall be eligible for industrial development financing in\naccordance with section forty-six hundred four-a of this chapter except\nfor pa…

§ 470. Prohibition of tongue-splitting. 1. For the purposes of this\nsection, "tongue-splitting" shall mean the cutting of a person's tongue\ninto two or more parts.\n 2. No person shall perform a tongue-splitting on another person,\nunless the person performing such tongue-spli…

§ 4700. Statement of legislative findings and intent. The legislature\nhereby finds that the provision of health care in shared health care\nfacilities has become an important source of health services in this\nstate and that such facilities are important mechanisms for the deli…

§ 4702. Definitions. For the purposes of this article, the following\nterms shall have the following meanings: 1. "Program" shall mean the New\nYork state program of medical assistance for needy persons, as provided\nin title XI of article five of the social services law.\n 2. "…

§ 4704. Shared health facilities; registration. 1. No shared health\nfacility shall be operated unless the owner of the premises in which the\nshared health facility is located or, if the structure in which the\nshared health facility is located has been leased pursuant to a lea…

§ 4706. Shared health facilities; required notification. 1. Each\noperator shall notify the department within fifteen days of any change\nin:\n (a) the persons, partnerships or corporations having any financial\ninterest in the ownership (including leasehold ownership) of the sh…

§ 4708. Shared health facilities; prohibited practices; administrative\nrequirements. With regard to shared health facilities: 1. The rental fee\nfor letting of space to providers in a shared health facility shall not\nbe calculated wholly or partially, directly or indirectly, a…

§ 4710. Shared health facilities; quality of care requirements. 1. To\nensure quality, continuity and proper coordination of medical care, each\nshared health facility shall:\n (a) designate an individual who shall coordinate and manage the\nfacility's activities. The person so …

§ 4710-a. Immunizations against poliomyelitis, mumps, measles,\ndiphtheria and rubella. 1. It shall be the duty of the individual\ndesignated to assume responsibility for the central coordination and\nmanagement of the activities of the shared health facility to inquire of\neach…

§ 4712. Shared health facilities; rules and regulations. 1. The\ndepartment shall have the authority to promulgate rules and regulations\nrelative to the quality of care provided by shared health facilities,\nand to otherwise effectuate the provisions of this article.\n 2. (a) S…

§ 4714. Shared health facilities advisory council. 1. There is hereby\ncreated a shared health facilities advisory council consisting of\nnineteen members appointed by the commissioner for terms of three years.\nFour of the members shall represent the public interest and shall n…

§ 4716. Construction. 1. Nothing herein shall be construed to impair\nor affect the powers of the department to engage in any of its necessary\nor proper activities.\n 2. Notwithstanding any other provision of law, the provisions of\narticle twenty-eight of this chapter shall no…

§ 4718. 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\…

§ 4800. Applicability. It is the purpose of this article to ensure\nthat employees are given information by their employers concerning the\nnature of toxic substances which they may encounter in the workplace in\nthe course of their employment.\n

§ 4801. Definitions. When used in this article:\n 1. "Workplace" means any location away from the home, permanent or\ntemporary, where any employee performs any work-related duty in the\ncourse of his employment.\n 2. "Toxic substance" means any substance which is listed in the …

§ 4802. Powers and duties of the commissioner. 1. The commissioner or\nhis designated representative from the department shall have the right\nof entry at reasonable hours into any workplace when the commissioner\nhas reason to believe that employees are being exposed to toxic\n…

§ 4803. Records and reports. 1. Upon request by the commissioner,\nemployers shall provide to the commissioner copies of employee health\nand exposure records maintained and supplied to the federal government\nby employers as mandated under the following federal statutes and\nre…

§ 4804. Outreach programs. 1. The department may develop and implement\noutreach programs to inform employees of their right to information\nregarding the toxic effects and circumstances under which these effects\nare produced by toxic substances found in the course of employmen…

§ 4805. Trade secrets. 1. When a manufacturer, producer, formulator or\nemployer considers the identity of or other information concerning a\ntoxic chemical substance to be a protectable trade secret whose\ndisclosure would compromise his competitive advantage, he may register\n…

§ 4806. Public inquiries. Within the limits of any moneys appropriated\ntherefor, the department shall process all inquiries it receives from\nmanufacturers, importers and employers regarding the toxic effects and\ncircumstances under which these effects are produced for toxic\n…

§ 4808. Separability. If any section, clause or provision of this\narticle shall be unconstitutional or be ineffective in whole or in part,\nto the extent that it is not unconstitutional or ineffective, it shall\nbe valid and effective and no other section, clause or provision s…

§ 4900. Definitions. For purposes of this article:\n 1. "Adverse determination" means a determination by a utilization\nreview agent that an admission, extension of stay, or other health care\nservice, upon review based on the information provided, is not medically\nnecessary.\n…

§ 4901. Registration of utilization review agents. 1. Every\nutilization review agent who conducts the practice of utilization review\nshall biennially register with the commissioner and report, in a\nstatement subscribed and affirmed as true under the penalties of\nperjury, the…

§ 4902. Utilization review program standards. 1. Each utilization\nreview agent shall adhere to utilization review program standards\nconsistent with the provisions of this title which shall, at a minimum,\ninclude:\n (a) Appointment of a medical director, who is a licensed phys…

§ 4903. Utilization review determinations. 1. Utilization review shall\nbe conducted by:\n (a) Administrative personnel trained in the principles and procedures\nof intake screening and data collection, provided, however, that\nadministrative personnel shall only perform intake …

§ 4904. Appeal of adverse determinations by utilization review agents.\n1. An enrollee, the enrollee's designee and, in connection with\nretrospective adverse determinations, an enrollee's health care\nprovider, may appeal an adverse determination rendered by a utilization\nrevi…

§ 4905. Required and prohibited practices. 1. Each utilization review\nagent shall have written procedures for assuring that patient-specific\ninformation obtained during the process of utilization review will be:\n (a) kept confidential in accordance with applicable state and f…

§ 4906. Waiver. 1. Any agreement which purports to waive, limit,\ndisclaim, or in any way diminish the rights set forth in this article,\nexcept as provided pursuant to section four thousand nine hundred ten of\nthis article shall be void as contrary to public policy.\n 2. Notwi…

§ 4907. Rights and remedies. The rights and remedies conferred in this\narticle upon enrollees and health care providers shall be cumulative and\nin addition to and not in lieu of any other rights or remedies available\nunder law.\n

§ 4908. Applicability to ERISA Plans. Notwithstanding the foregoing,\nthe provisions of this article shall not apply to any utilization review\nconducted by, or on behalf of, a self-insured employee welfare benefit\nplan, as defined in the employee retirement income security act…

§ 4909. Site of service clinical review. 1. For purposes of this\nsection:\n (a) "Free-standing ambulatory surgical center" shall mean a diagnostic\nand treatment center authorized pursuant to article twenty-eight of this\nchapter and operated independently from a hospital.\n (b…

§ 4910. Right to external appeal established. 1. There is hereby\nestablished an enrollee's right to an external appeal of a final adverse\ndetermination by a health care plan.\n 2. An enrollee, the enrollee's designee and, in connection with\nconcurrent and retrospective advers…

§ 4911. Powers of the commissioner. 1. The commissioner shall have the\npower to grant and revoke certifications of external appeal agents to\nconduct external appeals requested pursuant to either paragraph (a) or\n(b) of subdivision two of section forty-nine hundred ten of this…