§ 2202 — Tuberculosis; care and treatment

§ 2202. Tuberculosis; care and treatment. 1. (a) Notwithstanding any\ninconsistent provision of this chapter or of any other general, special\nor local law or city charter, when a person suffering from tuberculosis\nor suspected of having tuberculosis is in need of care and treatment\ntherefor from a hospital, as defined in article twenty-eight of this\nchapter, or a certified home health agency which provides such care and\ntreatment, the county or the city of New York, as the case may be, in\nwhich such person resides or is found shall provide or secure such care\nand treatment.\n (b) The legislative body of each county and the corresponding\nauthority of the city of New York shall designate the commissioner of\nhealth of any county or part-county health district or the city of New\nYork or, in a county lacking a county or part-county health district,\nthe county health director, or appropriate health officer, as the case\nmay be, to be responsible for providing or securing such care and\ntreatment.\n (c) The cost to the hospital or other provider as established in\naccordance with the provisions of section twenty-eight hundred seven of\nthis chapter relating to rates of payment of such care and treatment\nshall be a charge against the county or the city of New York, as the\ncase may be, in which such person has local residence, except that third\nparty coverage or indemnification shall first be applied against the\ntotal cost to the hospital or other provider as established in\naccordance with the provisions of section twenty-eight hundred seven of\nthis chapter relating to rates of payment of the individual's care and\ntreatment as hereinafter provided.\n (d) The care and treatment of state charges, as defined in this\narticle, shall be subject to the rules of the commissioner who may\ndesignate any local public official to act for him in emergency cases\ninvolving such state charges.\n (e) Diagnoses, tests, studies or analyses for the discovery of\ntuberculosis and care and treatment by a hospital, as defined in article\ntwenty-eight of this chapter, or by a certified home health agency which\nare provided by the state or by any county or city shall be available\nwithout cost or charge to the persons receiving such examinations, care\nor treatment, except that the third party coverage or indemnification\nshall first be applied against the total cost to the hospital or other\nprovider as established in accordance with the provisions of section\ntwenty-eight hundred seven of this chapter relating to rates of payment\nof the individual's care and treatment as hereinafter provided.\n 2. Any person who volunteers to assume and pay for the cost of such\nhospital care and treatment or for the cost of such diagnosis, test,\nstudy or analysis shall be permitted to do so; but no state, county,\ncity or other public official shall request or require payment or make,\nor cause to be made, any inquiry or investigation for the purpose of\ndetermining the ability of a person or of his legally responsible\nrelatives to pay for diagnoses, tests, studies or analyses for the\ndiscovery of tuberculosis or for care and treatment provided by a\nhospital, as defined by article twenty-eight of this chapter, or by a\ncertified home health agency except to determine if there is third party\ncoverage or indemnification to pay or indemnify all or part of such cost\nto the hospital or other provider as established in accordance with the\nprovisions of section twenty-eight hundred seven of this chapter\nrelating to rates of payment.\n 3. Determinations and orders concerning liability to pay for care and\ntreatment and the provision of care and treatment to persons suffering\nfrom tuberculosis or suspected of having tuberculosis by the state or by\nany county or city shall be in accordance with the rules and regulations\nof the commissioner and expenses incurred therefor shall be eligible for\nstate aid reimbursement pursuant to the provisions of title two of\narticle six of this chapter after applying against the total cost to the\nhospital or other provider as established in accordance with the\nprovisions of section twenty-eight hundred seven of this chapter\nrelating to rates of payment of the individual's treatment the amounts\nreceived from or payable by medicare, workers' compensation, medical\nassistance in accordance with the social services law, or other third\nparty payers and indemnitors and less any payments made or assignable\nunder any federal law or laws heretofore enacted, provided, however,\nthat expenses incurred for inpatient hospital care shall be eligible for\nreimbursement for a period not to exceed six weeks for any individual\npatient during any calendar year, unless approved as necessary by the\ncommissioner for a longer period of time.\n 4. If upon a review of a claim submitted for the purposes of state aid\nreimbursement, the county, or the part county health district, or the\ncity of New York, or the state determine that the person was in fact\neligible for third party coverage or indemnification at the time care\nand treatment was provided and the hospital or certified home health\nagency failed to make a good faith effort to determine third party\ncoverage or indemnification, the hospital or the certified home health\nagency shall not receive state aid reimbursement for that claim from the\ncounty or the city of New York. The commissioner shall promulgate rules\nand regulations requiring recoupment or repayment from the hospital or\nthe certified home health agency if the hospital or the certified home\nhealth agency has already received state aid reimbursement from the\ncounty or the city of New York.\n