§ 391 — Admission of out of county patients

§ 391. Admission of out of county patients. 1. Exclusive of the city\nof New York, and exclusive of counties served by state tuberculosis\nhospitals, any person in a county not having a county hospital for the\ncare and treatment of persons suffering from tuberculosis may apply in\nperson to the clerk of the board of supervisors of such county or to the\nstate commissioner of health for admission to a tuberculosis hospital,\nproviding that such person submit with such application a statement\nsigned by a reputable physician that such physician has, within the ten\ndays preceding the date of such application, examined such person and\nthat, in his opinion, such person is suffering from tuberculosis or is\nsuspected of having tuberculosis and is in need of care and treatment\ntherefor. Upon receipt of such application, the clerk of the board of\nsupervisors or the state commissioner of health, as the case may be,\nshall forward the same to the superintendent of any state, county or\ncity hospital for the care and treatment of tuberculosis.\n 2. Whenever the superintendent of such a hospital shall receive an\napplication for the admission of a patient in accordance with the\nprovisions of subdivision one of this section, if it appear from such\napplication that the person therein referred to is suffering from\ntuberculosis or is suspected of having tuberculosis and is in need of\ncare and treatment therefor, the superintendent shall notify said person\nto appear in person at the hospital, provided there be a vacancy in such\nhospital and there be no pending application from a patient living in\nthe county in which the hospital is located. If, upon personal\nexamination of the patient, the superintendent is satisfied that such\npatient is in need of care and treatment for tuberculosis, he shall\nadmit him to the hospital. Every patient so admitted shall be a charge\nagainst the county in which he was living immediately prior to such\nadmission. Such charge shall be at a rate to be fixed by the board of\nmanagers, which shall not exceed the per diem per capita cost of\nmaintenance therein and any cost of transportation to or from the\nhospital, except that if the county operating said hospital is currently\nreceiving state aid for the care and treatment of tuberculosis patients\npursuant to the public health law, such charge shall be an amount for\neach day of such patient's care equivalent to the balance of the total\nper diem per capita cost of operating such hospital during the preceding\nfiscal year, as computed and approved by the state commissioner of\nhealth pursuant to subdivision three of section fifty-four of the public\nhealth law; and the bill therefor shall be audited and paid by the board\nof supervisors of the said county. However, if such patient has local\nresidence, as defined in the public health law, in some county other\nthan the one in which he was living immediately prior to such admission\nor in the city of New York, he shall be a charge upon such other county\nor the city of New York, as the case may be, and in this event any\namounts for the cost of such care and treatment which shall have been\npaid by the county from which he was admitted shall be charged back and\nreimbursed to such county by the aforesaid other county or the city of\nNew York in which the patient has local residence. Any patient admitted\nto a hospital in accordance with the provisions of subdivision one of\nthis section may pay for his care and treatment in whole or in part if\nhe volunteers to do so.\n