§ 206-A — Discrimination in hospital staff appointments and privileges prohibited

§ 206-a. Discrimination in hospital staff appointments and privileges\nprohibited. 1. It shall be an unlawful discriminatory practice for the\ngoverning body of a hospital\n a. To deny to or to withhold from a physician, dentist or podiatrist\nstaff membership or professional privileges in a hospital because of his\nparticipation in any medical group practice, non-profit health insurance\nplan, or comprehensive health services plan offered by a health\nmaintenance organization authorized by the laws of the state; or\n b. To exclude or to expel a physician, dentist or podiatrist from\nstaff membership or to curtail, terminate or diminish in any way a\nphysician's, dentist's or podiatrist's professional privileges in a\nhospital because of his participation in any medical group practice,\nnon-profit health insurance plan, or comprehensive health services plan\noffered by a health maintenance organization authorized by the laws of\nthe state.\n 2. Any person claiming to be aggrieved by an unlawful discriminatory\npractice defined by this section may, by himself or his attorney, make,\nsign and file with the commissioner a verified complaint in writing\nwhich shall state the name and address of the hospital whose governing\nbody is alleged to have committed the unlawful discriminatory practice\ncomplained of and which shall set forth the particulars thereof and\ncontain such other information as may be required by the commissioner.\n 3. After the filing of any such complaint, the commissioner shall\ndesignate a deputy commissioner or other officer of the department to\nmake a prompt investigation in connection therewith; and if such\ndesignee shall determine after investigation that probable cause exists\nfor crediting the allegations of the complaint, he shall immediately\nendeavor to eliminate the unlawful discriminatory practice by\nconference, conciliation and persuasion.\n 4. In case of a failure so to eliminate such practice, or in advance\nthereof as in his judgment circumstances so warrant, the commissioner\nshall cause to be issued a written notice together with a copy of the\ncomplaint, as the same may have been amended, requiring each member of\nthe governing body of the hospital in question (or such member or\nmembers thereof as in his judgment are warranted), hereinafter sometimes\nreferred to as respondent, to answer charges of such complaint at a\nhearing before him (or before a deputy commissioner or other officer of\nthe department other than the designee who investigated the complaint),\nhereinafter referred to as hearing officer, at a time and place to be\nspecified in such notice.\n 5. The respondent may file a written verified answer to the complaint\nand appear at such hearing in person or otherwise with or without\ncounsel and submit testimony.\n 6. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non such respondent an order requiring such respondent to cease and\ndesist from such unlawful discriminatory practice.\n 7. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has not engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non the complainant an order dismissing the said complaint as to such\nrespondent.\n 8. The commissioner shall establish rules of practice to govern,\nexpedite and effectuate the foregoing procedure and the actions to be\ntaken thereunder.\n 9. Any complaint filed pursuant to this section must be so filed\nwithin ninety days after the alleged act of discrimination.\n 10. Any complainant, respondent or other person aggrieved by such\norder of the commissioner may obtain judicial review thereof, and the\ncommissioner may obtain an order of court for its enforcement, in a\nproceeding as provided in this subdivision. Such proceeding shall be\nbrought in the supreme court of the state within any county wherein the\nunlawful discriminatory practice which is the subject of the\ncommissioner's order occurs or wherein any person required in the order\nto cease and desist from a unlawful discriminatory practice resides or\ntransacts business. The findings of the hearing officer as to the facts\nshall be conclusive if supported by substantial evidence on the record\nconsidered as a whole. All such proceedings shall be heard and\ndetermined by the court and any appellate court as expeditiously as\npossible and with lawful precedence over other matters.\n 11. The following words, as used in this section, shall have the\nfollowing meanings unless the context otherwise requires:\n a. "Governing body" means the group or the individual ultimately\nresponsible for a hospital's general policies with respect to staff\nmembership and professional privileges and shall include, but not\nlimited to, a board of trustees, a board of directors, a board of\ngovernors, a board of managers, a medical board, a director or any other\nofficial of a hospital with comparable responsibilities.\n b. "Hospital" means an institution for the care and treatment of the\nsick and injured, equipped with the technical facilities, medical,\nnursing and other professional and technical personnel necessary for\ndiagnosis and treatment of persons suffering from sickness or injury\nwhich requires bed care.\n c. "Medical group practice" means the practice of medicine by\nphysicians as partners or in groups with fees and moneys received for\nprofessional services furnished by any individual physician, member or\nemployee of such partnership or group pooled and redistributed in\naccordance with a partnership or other agreement.\n d. "Non-profit health insurance" means insurance issued by a\nnon-profit medical expense indemnity corporation in accordance with\narticle forty-three of the insurance law.\n e. "Health maintenance organization" means such organization as\ndefined in article forty-four of this chapter.\n f. "Comprehensive health services plan" means such plan as defined in\narticle forty-four of this chapter.\n