§ 130 — Admission and maintenance of patients

§ 130. Admission and maintenance of patients. 1. The provisions of\nthis section shall not apply to any person admitted for the care and\ntreatment of tuberculosis, as defined and provided for in the public\nhealth law.\n 2. Whenever a patient shall have been admitted to such hospital, the\nsuperintendent shall cause to be made such inquiry as he may deem\nnecessary, relative to the ability of such patient, or of the relatives\nof such patient legally liable for his support, to pay for his care and\ntreatment. If he finds that such patient, or said relatives, are able to\npay for his care and treatment in whole or in part, an order shall be\nmade by the superintendent directing such patient, or said relatives, to\npay to the treasurer of such hospital for the support of such patient a\nspecified sum per week, in proportion to their financial ability, but\nsuch sum shall not exceed the actual cost of maintenance. The\nsuperintendent shall have the same power and authority to collect such\nsums from the patient, or his relatives legally liable for his support,\nas is possessed by a public welfare official in like circumstances. In\nall claims for payment and/or reimbursement made under the provisions of\nthis section the superintendent shall be deemed a preferred creditor. If\nthe superintendent finds that such patient, or his said relatives, are\nnot able to pay, either in whole or in part, for his care and treatment\nin such hospital, the unpaid cost of his maintenance shall become a\ncharge upon the county, town, city or village by which the hospital is\nmaintained; provided, however, that in case such patient is not a\nresident of said county, town, city or village, the cost of his\nmaintenance shall be a charge upon the civil division of the state upon\nwhich he would be a charge as a needy person. No employee of such\nhospital shall accept from any patient thereof any fee, payment or\ngratuity whatsoever for his service.\n 3. Notwithstanding the provisions of subdivision two of this section,\nwhenever a contract shall be in effect with any hospital service\ncorporation governed by the provisions of article forty-three of the\ninsurance law for the rendering of hospital service by such hospital to\nthe subscribers of such corporation, the rendering of hospital service\nto such subscribers in so far as payment for such service is concerned,\nshall be subject to the provisions of such contract, and in such case\nthe provisions of such subdivision, to the extent inconsistent\ntherewith, shall be inapplicable.\n 3-a. Subdivisions four through eight, inclusive, of this section,\nhereinafter set forth, shall govern and apply solely to the\nadministration and operation of the E. J. Meyer Memorial Hospital\nlocated in the city of Buffalo, Erie county, the Westchester county\nmedical center located in the town of Mount Pleasant, Westchester\ncounty, and the Nassau county medical center located in the Town of\nHempstead, Nassau county.\n 4. Definitions. As used in the subdivisions of this section\nhereinafter set forth, the following terms shall be defined as follows:\n (a) Employment agreement shall mean the agreement between the hospital\nand the salaried physicians and dentists as approved by the governing\nbody of the municipality operating such hospital.\n (b) Private patient shall mean only such patient for whom the salaried\nphysician or dentist has rendered a service as now or hereafter so\ndescribed by the Social Security Administration for Title 18, Part B, of\nthe Federal Social Security Act of l965.\n (c) Teaching hospital shall, for the purposes of this chapter, mean a\nhospital having a contractual agreement with a medical school, as such\nmedical school is defined in section sixty-five hundred one of the\neducation law, for the training of medical students.\n 5. Notwithstanding the provisions of subdivision two of this section,\nwhenever a contract shall be in effect with any medical expense\nindemnity corporation governed by the provisions of article forty-three\nof the insurance law or any other authorized insurer for the rendering\nof medical care by a duly licensed physician or dentist to the\nsubscribers of such corporation or authorized insurer, the rendering of\nmedical care by a salaried physician or dentist, other than an interne\nor resident, employed by any such public general teaching hospital, to\nsuch subscribers insofar as payment for such medical care is concerned\nshall be subject to the provisions of such contract and the terms of the\nemployment agreement, provided such salaried physician or dentist\ntreated such individual as his private patient and personally performed\nthe services involved, and in such case the provisions of subdivision\ntwo, to the extent inconsistent therewith shall be inapplicable.\n 6. Notwithstanding the provisions of subdivision two of this section,\nwhenever any person eligible for benefit payments for services of a\nphysician or dentist under Title 18, Part B, of the Federal Social\nSecurity Act of l965 shall have received medical care as a private\npatient of a salaried physician or dentist other than an interne or\nresident, employed by any such public general teaching hospital, the\nrendering of and payment for such medical care shall be subject to the\nprovisions of such title and the terms of the employment agreement and\nin such case the provisions of subdivision two, to the extent\ninconsistent therewith, shall be inapplicable.\n 7. Notwithstanding the provisions of subdivision two of this section,\nwhenever any person eligible for benefit payments for services of a\nphysician or dentist under Title 19 of the Federal Social Security Act\nof l965 and article five of the social services law shall have received\nmedical care as a private patient of a salaried physician or dentist\nother than an interne or resident, employed by any such public general\nteaching hospital the rendering of any payment for such medical care\nshall be subject to the provisions of such title and article five of the\nsocial services law and the terms of the employment agreement and in\nsuch case the provisions of subdivision two of this section, to the\nextent inconsistent therewith, shall be inapplicable.\n 8. Notwithstanding the provisions of subdivision two of this section,\nwhenever any person not covered by the provisions of subdivisions five,\nsix and seven of this section shall have received medical care as a\nprivate patient of a salaried physician or dentist other than an interne\nor resident, employed by any such public general teaching hospital, such\nsalaried physician or dentist shall be entitled to receive the usual and\ncustomary fee for the services rendered as established pursuant to Title\n18, Part B of the Federal Social Security Act of l965, provided the\nsuperintendent of such hospital finds that such patient is able to pay\nfor said medical care in accordance with the terms of the employment\nagreement, and in such case the provisions of subdivision two of this\nsection, to the extent inconsistent therewith, shall be inapplicable.\n 9. Notwithstanding the provisions of subdivisions one through eight,\ninclusive, of this section, any public general hospital may enter into a\nclinical practice plan approved by the state commissioner of health.\nSuch hospital may propose a clinical practice plan approved by the\ngoverning body of the municipality operating such hospital to the state\ncommissioner of health. Such plan shall specify the method to be used to\nassure that physician and dentist employees of the hospital verify that\nduplicate payments for services cannot be received and that any fee\npayments to be made by or on behalf of patients meet the applicable\nrequirements of titles eighteen and nineteen of the Federal Social\nSecurity Act of nineteen hundred sixty-five, as amended, and the rules\nand regulations promulgated thereunder, and any pertinent requirements\nof any corporation governed by the provisions of article forty-three of\nthe insurance law and any other third party payors. Prior to approval of\nsuch clinical practice plan, the state commissioner of health shall\ndetermine that the plan meets such requirements, includes provisions\nthat assure compliance with subdivision two of section twenty-eight\nhundred five of the public health law and provides for such other\nrecords, reports and audits as the state commissioner of health may\ndetermine to be necessary. No public general hospital may implement such\nplan without the prior written approval of the state commissioner of\nhealth. Such approval may be revoked, suspended or limited on proof\nthat: (a) the hospital or any of the professional employees have failed\nto comply with the provisions of the approved clinical practice plan; or\n(b) the hospital or any of the professional employees have failed to\nprovide the state commissioner of health with the data necessary to\nevaluate the operation of the clinical practice plan; or (c) the\napproved clinical practice plan has not met the requirements of this\nsubdivision. No revocation, suspension or limitation of such plan may be\nmade without providing an opportunity for a formal hearing conducted in\naccordance with section twelve-a of the public health law.\n