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0 chapters · 1,799 sections in this title.
N.Y. Public Health Law § 4666 Advertisements
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§ 4666. Advertisements. No person, partnership, corporation, company, trust or association, or any agent or employee thereof, shall publish or cause to be published, circulated, or disseminated any financial statement, pamphlet, circular, form letter, advertisement, or other sal…
N.Y. Public Health Law § 4667 Audits
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§ 4667. Audits. 1. The commissioner, or his or her designee, may at any time, and shall at least once every three years, visit each community and examine the business of any applicant for a certificate of authority and any operator engaged in the execution of fee-for-service con…
N.Y. Public Health Law § 4668 Revocation, suspension or annulment of certificate of authority
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§ 4668. Revocation, suspension or annulment of certificate of authority. 1. The commissioner may revoke, suspend, limit or annul the certificate of authority of an operator upon proof that: a. The operator failed to continue to meet the requirements for the authority originally …
N.Y. Public Health Law § 4669 Appointment of a caretaker
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§ 4669. Appointment of a caretaker. Upon a determination by the commissioner that there exists operational deficiencies in a fee-for-service continuing care retirement community that show: 1. there exists in the facility a pattern or practice of habitual violation of the standar…
N.Y. Public Health Law § 467 Single use tattoo and body piercing equipment
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§ 467. Single use tattoo and body piercing equipment. 1. All tattoo studios and body piercing studios shall use only single use needles and approved ink handling procedures in all tattoo and body piercing procedures performed in such establishments. 2. Prior to a person receivin…
N.Y. Public Health Law § 4670 Receiverships
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§ 4670. Receiverships. 1. The commissioner may, upon a determination that serious operational deficiencies exist or serious financial problems exist and such action is desirable, enter into an agreement with the operator or owners of a fee-for-service continuing care retirement …
N.Y. Public Health Law § 4671 Civil action
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§ 4671. Civil action. Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement and annual report required by sections forty-six hundred fifty-seven and forty-six hundred fifty-eight…
N.Y. Public Health Law § 4672 Criminal penalties
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§ 4672. Criminal penalties. 1. A person, partnership, corporation, controlling person, or agent or employee thereof, who knowingly uses or employs any act or practice in violation of this article shall be guilty of a class A misdemeanor. 2. Nothing under this article shall be de…
N.Y. Public Health Law § 4673 Separability
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§ 4673. 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 …
N.Y. Public Health Law § 4674 Priority reservation agreements; prior to obtaining a certificate of authority
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§ 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 …
N.Y. Public Health Law § 4675 Priority reservation agreements; after obtaining a certificate of authority
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§ 4675. Priority reservation agreements; after obtaining a certificate of authority. The provisions of this section apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a …
N.Y. Public Health Law § 4676 Industrial development agency financing
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§ 4676. Industrial development agency financing. Fee-for-service continuing care retirement communities developed pursuant to this article shall be eligible for industrial development financing in accordance with section forty-six hundred four-a of this chapter except for paragr…
N.Y. Public Health Law § 470 Prohibition of tongue-splitting
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§ 470. Prohibition of tongue-splitting. 1. For the purposes of this section, "tongue-splitting" shall mean the cutting of a person's tongue into two or more parts. 2. No person shall perform a tongue-splitting on another person, unless the person performing such tongue-splitting…
N.Y. Public Health Law § 4700 Statement of legislative findings and intent
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§ 4700. Statement of legislative findings and intent. The legislature hereby finds that the provision of health care in shared health care facilities has become an important source of health services in this state and that such facilities are important mechanisms for the deliver…
N.Y. Public Health Law § 4702 Definitions
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§ 4702. Definitions. For the purposes of this article, the following terms shall have the following meanings: 1. "Program" shall mean the New York state program of medical assistance for needy persons, as provided in title XI of article five of the social services law. 2. "Share…
N.Y. Public Health Law § 4704 Shared health facilities; registration
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§ 4704. Shared health facilities; registration. 1. No shared health facility shall be operated unless the owner of the premises in which the shared health facility is located or, if the structure in which the shared health facility is located has been leased pursuant to a lease,…
N.Y. Public Health Law § 4706 Shared health facilities; required notification
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§ 4706. Shared health facilities; required notification. 1. Each operator shall notify the department within fifteen days of any change in: (a) the persons, partnerships or corporations having any financial interest in the ownership (including leasehold ownership) of the shared …
N.Y. Public Health Law § 4708 Shared health facilities; prohibited practices; administrative requirements
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§ 4708. Shared health facilities; prohibited practices; administrative requirements. With regard to shared health facilities: 1. The rental fee for letting of space to providers in a shared health facility shall not be calculated wholly or partially, directly or indirectly, as a…
N.Y. Public Health Law § 4710 Shared health facilities; quality of care requirements
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§ 4710. Shared health facilities; quality of care requirements. 1. To ensure quality, continuity and proper coordination of medical care, each shared health facility shall: (a) designate an individual who shall coordinate and manage the facility's activities. The person so desig…
N.Y. Public Health Law § 4710-A Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella
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§ 4710-a. Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella. 1. It shall be the duty of the individual designated to assume responsibility for the central coordination and management of the activities of the shared health facility to inquire of each per…
N.Y. Public Health Law § 4712 Shared health facilities; rules and regulations
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§ 4712. Shared health facilities; rules and regulations. 1. The department shall have the authority to promulgate rules and regulations relative to the quality of care provided by shared health facilities, and to otherwise effectuate the provisions of this article. 2. (a) Subjec…
N.Y. Public Health Law § 4714 Shared health facilities advisory council
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§ 4714. Shared health facilities advisory council. 1. There is hereby created a shared health facilities advisory council consisting of nineteen members appointed by the commissioner for terms of three years. Four of the members shall represent the public interest and shall not …
N.Y. Public Health Law § 4716 Construction
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§ 4716. Construction. 1. Nothing herein shall be construed to impair or affect the powers of the department to engage in any of its necessary or proper activities. 2. Notwithstanding any other provision of law, the provisions of article twenty-eight of this chapter shall not be …
N.Y. Public Health Law § 4718 Separability
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§ 4718. 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…
N.Y. Public Health Law § 4800 Applicability
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§ 4800. Applicability. It is the purpose of this article to ensure that employees are given information by their employers concerning the nature of toxic substances which they may encounter in the workplace in the course of their employment.
N.Y. Public Health Law § 4801 Definitions
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§ 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 …
N.Y. Public Health Law § 4802 Powers and duties of the commissioner
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§ 4802. Powers and duties of the commissioner. 1. The commissioner or his designated representative from the department shall have the right of entry at reasonable hours into any workplace when the commissioner has reason to believe that employees are being exposed to toxic subs…
N.Y. Public Health Law § 4803 Records and reports
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§ 4803. Records and reports. 1. Upon request by the commissioner, employers shall provide to the commissioner copies of employee health and exposure records maintained and supplied to the federal government by employers as mandated under the following federal statutes and regula…
N.Y. Public Health Law § 4804 Outreach programs
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§ 4804. Outreach programs. 1. The department may develop and implement outreach programs to inform employees of their right to information regarding the toxic effects and circumstances under which these effects are produced by toxic substances found in the course of employment. …
N.Y. Public Health Law § 4805 Trade secrets
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§ 4805. Trade secrets. 1. When a manufacturer, producer, formulator or employer considers the identity of or other information concerning a toxic chemical substance to be a protectable trade secret whose disclosure would compromise his competitive advantage, he may register this…
N.Y. Public Health Law § 4806 Public inquiries
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§ 4806. Public inquiries. Within the limits of any moneys appropriated therefor, the department shall process all inquiries it receives from manufacturers, importers and employers regarding the toxic effects and circumstances under which these effects are produced for toxic subs…
N.Y. Public Health Law § 4808 Separability
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§ 4808. Separability. If any section, clause or provision of this article shall be unconstitutional or be ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shal…
N.Y. Public Health Law § 4900 Definitions
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§ 4900. Definitions. For purposes of this article: 1. "Adverse determination" means a determination by a utilization review agent that an admission, extension of stay, or other health care service, upon review based on the information provided, is not medically necessary. 2. "Cl…
N.Y. Public Health Law § 4901 Registration of utilization review agents
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§ 4901. Registration of utilization review agents. 1. Every utilization review agent who conducts the practice of utilization review shall biennially register with the commissioner and report, in a statement subscribed and affirmed as true under the penalties of perjury, the inf…
N.Y. Public Health Law § 4902 Utilization review program standards
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§ 4902. Utilization review program standards. 1. Each utilization review agent shall adhere to utilization review program standards consistent with the provisions of this title which shall, at a minimum, include: (a) Appointment of a medical director, who is a licensed physician…
N.Y. Public Health Law § 4903 Utilization review determinations
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§ 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 …
N.Y. Public Health Law § 4904 Appeal of adverse determinations by utilization review agents
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§ 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…
N.Y. Public Health Law § 4905 Required and prohibited practices
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§ 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…
N.Y. Public Health Law § 4906 Waiver
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§ 4906. Waiver. 1. Any agreement which purports to waive, limit, disclaim, or in any way diminish the rights set forth in this article, except as provided pursuant to section four thousand nine hundred ten of this article shall be void as contrary to public policy. 2. Notwithsta…
N.Y. Public Health Law § 4907 Rights and remedies
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§ 4907. Rights and remedies. The rights and remedies conferred in this article upon enrollees and health care providers shall be cumulative and in addition to and not in lieu of any other rights or remedies available under law.
N.Y. Public Health Law § 4908 Applicability to ERISA Plans
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§ 4908. Applicability to ERISA Plans. Notwithstanding the foregoing, the provisions of this article shall not apply to any utilization review conducted by, or on behalf of, a self-insured employee welfare benefit plan, as defined in the employee retirement income security act of…
N.Y. Public Health Law § 4909 Site of service clinical review
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§ 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…
N.Y. Public Health Law § 4910 Right to external appeal established
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§ 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…
N.Y. Public Health Law § 4911 Powers of the commissioner
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§ 4911. Powers of the commissioner. 1. The commissioner shall have the power to grant and revoke certifications of external appeal agents to conduct external appeals requested pursuant to either paragraph (a) or (b) of subdivision two of section forty-nine hundred ten of this ti…
N.Y. Public Health Law § 4912 Standards for certification
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§ 4912. Standards for certification. 1. The commissioner shall develop an application for certification. At a minimum, applicants shall provide: (a) a description of the qualifications of the clinical peer reviewers retained to conduct external appeals of final adverse determina…
N.Y. Public Health Law § 4913 Conflict of interest
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§ 4913. Conflict of interest. 1. No external appeal agent or officer, director, or management employee thereof; or clinical peer reviewer employed or engaged thereby to conduct any external appeal pursuant to this title, shall have any material professional affiliation, material…
N.Y. Public Health Law § 4914 Procedures for external appeals of adverse determinations
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§ 4914. Procedures for external appeals of adverse determinations. 1.\nThe commissioner shall establish procedures by regulation to randomly\nassign an external appeal agent to conduct an external appeal, provided\nthat the commissioner may establish a maximum fee which may be c…
N.Y. Public Health Law § 4915 Prohibited practices
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§ 4915. Prohibited practices. An external appeal agent shall not, with respect to external appeal activities, permit or provide compensation or anything of value to its employees, agents, or contractors based on: 1. either a percentage of the amount by which a claim is reduced f…
N.Y. Public Health Law § 4916 Oversight and surveillance of the external appeal process
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§ 4916. Oversight and surveillance of the external appeal process. 1. The commissioner shall have the power to: (a) review the activities of the health care plans and external appeal agents pursuant to this title, including the extent to which such plans and agents adhere to the…
N.Y. Public Health Law § 4917 Hold harmless
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§ 4917. Hold harmless. A health care provider requesting an external appeal of a concurrent adverse determination, including when the health care provider requests an external appeal as the enrollee's designee, shall not pursue reimbursement from the enrollee for services determ…