Title PBH, Public Health

§ 4912. Standards for certification. 1. The commissioner shall develop\nan application for certification. At a minimum, applicants shall\nprovide:\n (a) a description of the qualifications of the clinical peer reviewers\nretained to conduct external appeals of final adverse dete…

§ 4913. Conflict of interest. 1. No external appeal agent or officer,\ndirector, or management employee thereof; or clinical peer reviewer\nemployed or engaged thereby to conduct any external appeal pursuant to\nthis title, shall have any material professional affiliation, mater…

§ 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…

§ 4915. Prohibited practices. An external appeal agent shall not, with\nrespect to external appeal activities, permit or provide compensation or\nanything of value to its employees, agents, or contractors based on:\n 1. either a percentage of the amount by which a claim is reduc…

§ 4916. Oversight and surveillance of the external appeal process. 1.\nThe commissioner shall have the power to:\n (a) review the activities of the health care plans and external appeal\nagents pursuant to this title, including the extent to which such plans\nand agents adhere t…

§ 4917. Hold harmless. A health care provider requesting an external\nappeal of a concurrent adverse determination, including when the health\ncare provider requests an external appeal as the enrollee's designee,\nshall not pursue reimbursement from the enrollee for services det…

§ 4925. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Medical debt" means an obligation or alleged obligation of a\nconsumer to pay any amount whatsoever related to the receipt of health\ncare services, products, or devices p…

§ 4926. Medical debt reporting prohibited in contracts with collection\nentities. A hospital licensed under article twenty-eight of this\nchapter, a health care professional authorized under title eight of the\neducation law, or an ambulance service certified under article thirt…

§ 4927. Enforcement. Any portion of a medical debt that is furnished\nto a consumer reporting agency shall be void.\n

§ 500. Wadsworth center for laboratories and research; establishment.\n1. The commissioner shall establish and maintain one or more\nlaboratories with such expert assistants and such facilities as are\nnecessary for routine examinations and analyses, and for original\ninvestigat…

§ 5000. Separability clause. If any clause, sentence, paragraph,\nsection or part of this chapter shall be adjudged by any court of\ncompetent jurisdiction to be invalid, such judgment shall not affect,\nimpair, or invalidate the remainder thereof, but shall be confined in\nits …

§ 5001. Saving clause; construction. 1. Nothing contained in this act\nshall affect or impair any act done or right accruing, accrued or\nacquired, or any penalty, forfeiture or punishment incurred prior to the\ntime when this act shall take effect, under or by virtue of the\npr…

§ 5002. Laws repealed. Chapter forty-nine of the laws of nineteen\nhundred nine, entitled "An act in relation to the public health,\nconstituting chapter forty-five of the consolidated laws, " and all acts\namendatory thereof and supplemental thereto, constituting the public\nhe…

§ 5003. Time of taking effect. This act shall take effect June first,\nnineteen hundred fifty-four.\n

§ 501. State laboratories; approved laboratories; powers and duties of\ncommissioner. 1. The commissioner shall have authority:\n (a) to make, at the expense of the state, examinations and analyses,\nat the request of any health officer or of any physician in accordance\nwith th…

§ 502. Environmental laboratories; examinations; certificates of\napproval. 1. For the purposes of this section, "environmental\nlaboratory" is any facility that examines or is available for the\nexamination of samples or specimens including, but not limited to: air,\nstack emis…

§ 503. Laboratories; state hospitals; service to counties and\nmunicipalities. 1. The director of any hospital in the department, with\nthe approval of the commissioner, may enter into a contract with proper\nmunicipal or county officials under which the laboratory service of th…

§ 504. Laboratories; scientific tests on living animals; rules;\napproval. 1. The commissioner is authorized to designate approved\nlaboratories or institutions wherein properly conducted scientific\ntests, experiments or investigations, involving the use of living\nanimals, may…

§ 505. Animal irritancy tests prohibited. 1. No manufacturer or\ncontract testing facilities shall conduct traditional animal test\nmethods within this state for which an appropriate alternative test\nmethod has been scientifically validated and recommended by the\nInter-Agency …

§ 505-a. Purchase of certain animals for scientific tests. It shall be\nunlawful for any laboratory or institution approved under this article,\nto purchase any dog or cat for experimental purposes unless the seller\nthereof shall provide proof of ownership of the animal of a su…

§ 506. Unlawful interference with research laboratory operations. An\nagency as defined in subdivision three of section eighty-six of the\npublic officers law may deny access to records or portions thereof\nconcerning biomedical research or biomedical teaching conducted at an\ni…

§ 520. County laboratories; establishment; charges. 1. The board of\nsupervisors of any county may establish therein a laboratory or\nlaboratories which shall serve the whole or part of the county.\n 2. In the resolution of the board of supervisors establishing such\nlaboratory …

§ 521. County laboratories; establishment by referendum. 1. Upon the\npetition signed by two hundred or more taxpayers of the county or\ndistrict to be served by such a laboratory, the governing body of that\ncounty or district at the next date for filling an elective office sha…

§ 522. County laboratories; boards of supervisors; powers and duties.\n1. The board of supervisors, when it shall have determined to establish\na county laboratory, shall have the power:\n (a) to acquire by purchase, exchange or otherwise, necessary real\nproperty, building or r…

§ 523. County laboratories; boards of managers; appointment; term. 1.\nThe board of supervisors of a county establishing a laboratory pursuant\nto this article shall appoint a board of managers for the laboratory\nwhich shall consist of at least five members, two of whom shall b…

§ 524. County laboratories; boards of managers; officers; meetings;\ncompensation and expenses. 1. Except in counties wherein the laboratory\nfunctions as a division of the county health department or wherein the\nboard of managers has been abolished, the board of managers of ea…

§ 525. County laboratories; boards of managers; powers and duties. The\nboard of managers of each laboratory, or the county board of health in\nany county wherein an alternative form of government shall have\nestablished a county health district coterminous with the county,\nsub…

§ 526. County laboratories; annual reports. 1. Except in counties\nwherein the laboratory has been transferred and established as a\ndivision of the county health department, the board of managers of each\nlaboratory, or the county board of health which has been vested with the\…

§ 527. County laboratories; director; powers and duties. 1. Except as\nprovided in subdivision two of this section, the director or other\nperson in charge of each county laboratory, subject to the approval of\nthe board of managers, shall:\n (a) equip the laboratory with all ne…

§ 528. County laboratories; bills and accounts; payment. 1. Unless\notherwise provided by law, the director or other person in charge of\neach laboratory shall certify all bills and accounts including salaries\nand wages, and transmit them to the board of supervisors of the coun…

§ 540. City laboratories; continuation and establishment. 1. (a)\nNothing contained in sections five hundred twenty-five to five hundred\ntwenty-eight, inclusive, of this chapter, shall be construed to repeal\nor amend any provision of law under which any health function or\nact…

§ 541. City laboratories; operation and control. 1. Upon the\nestablishment or continuation of a laboratory by a city as provided in\nsection five hundred forty of this chapter, all the powers and duties of\nthe board of supervisors of a county in relation to laboratories\nprovi…

§ 542. City laboratories; boards of managers; appointment. 1. (a) The\nmayor of any city establishing a laboratory in accordance with the\nprovisions of this article shall appoint the board of managers of such\nlaboratory which board shall consist of at least five members, two o…

§ 543. City laboratories; board of managers; power to enter into\nagreements with hospitals. The board of managers of a city laboratory\nshall have the power to enter into an agreement annually with the\ngoverning board of any charitable corporation or municipality operating\nan…

§ 545. City of New York; exceptions. Unless otherwise expressly\nprovided, the provisions of sections five hundred forty to five hundred\nforty-four of this chapter, inclusive, shall not apply to the city of\nNew York.\n

§ 560. Laboratory supply stations; districts; establishment. 1. The\ncommissioner or his authorized representative may establish district\nlaboratory supply stations, for the distribution of laboratory supplies\nfurnished by the department.\n 2. The commissioner may designate di…

§ 561. Laboratory supply stations; custodian; appointment. The\ncommissioner may appoint the health officer of any municipality or\ncounty, the director or person in charge of any public health\nlaboratory, or other competent person, to serve as the custodian of the\ndistrict la…

§ 562. Laboratory supply stations; expenses. The actual and necessary\nexpenses of operation and maintenance of the district laboratory supply\nstation and sub-stations shall be paid in the manner prescribed for the\npayment of other bills of the municipality or county. All such…

§ 563. Laboratory supply stations; control; inspection;\ndiscontinuance. 1. Each district laboratory supply station and the\nsub-stations thereof shall be maintained and operated in accordance with\nthe rules and regulations of the department and shall be subject at all\ntimes t…

§ 570. Declaration of policy and statement of purpose. The proper\nperformance of clinical laboratory and blood banking services is a\nmatter of vital concern, affecting the public health, safety and\nwelfare. Clinical laboratories and blood banks provide essential public\nhealt…

§ 571. Definitions. As used in this title:\n 1. "Clinical laboratory" means a facility for the microbiological,\nimmunological, chemical, hematological, biophysical, cytological,\npathological, genetic, or other examination of materials derived from\nthe human body, for the purp…

§ 572. Certificates of qualification. No person shall act as a\ndirector in a clinical laboratory located in or accepting specimens from\nNew York state or in a blood bank located in or collecting, processing,\nstoring or distributing blood products in New York state unless a va…

§ 573. Issuance of certificates of qualification. 1. The department\nshall issue a certificate of qualification to any person who meets\nminimum qualifications, prescribed by the department and in accordance\nwith federal regulations, including board certification as required, a…

§ 574. Permits. No person shall own or operate a clinical laboratory\nlocated in or accepting specimens from New York state or own or operate\na blood bank which collects, processes, stores and/or distributes, human\nblood, blood derivatives or blood components, in New York stat…

§ 575. Issuance of permits. 1. Application for a permit shall be made\nby the owner and the director of the clinical laboratory or blood bank\nin a manner and format prescribed by the department. The application\nshall contain the name of the owner, the name of the director, the…

§ 575-a. Source plasma donation centers. 1. Notwithstanding section\nfive hundred seventy-four and subdivision one of section five hundred\nseventy-one of this chapter, a source plasma donation center may collect\nsource plasma through plasmapheresis, and may employ a person to …

§ 576. Duties and powers of the department. 1. The department may\ninquire into the operation of clinical laboratories and blood banks and\nmay conduct periodic inspections and/or evaluations of facilities,\nmethods, procedures, materials, staff and equipment to assess complianc…

§ 576-a. Clinical laboratories and cytotechnologists examining Pap\nsmears. 1. Definitions. As used in this section, unless the context\nclearly requires otherwise, the following terms shall have the following\nmeanings:\n (a) "Cytotechnologist". A clinical laboratory profession…

§ 576-b. Performance of certain clinical laboratory services upon\nrequest. 1. A clinical laboratory may perform a clinical laboratory\nservice (including accepting a specimen or assignment for examination\nand rendering a report), that it is otherwise allowed to perform, upon\n…

§ 576-c. Electronic reporting of disease and specimen submission. 1.\nWhenever a clinical laboratory or blood bank is otherwise required by\nthis chapter to report evidence of a disease or health condition to the\ncommissioner or a local health officer, the laboratory director s…