§ 2582 — Children with physical disabilities; duty of the department

New York § 2582

• Jurisdiction: New York
• Law PBH: Public Health
• Title 5: Children With Physical Disabilities
• Art. 25: Maternal and Child Health

Text

§ 2582. Children with physical disabilities; duty of the department.\n1. The department shall on its own initiative provide, within the limits\nof the appropriations made therefor, such medical service for children\nwith physical disabilities as in the judgment of the commissioner is\nneeded.\n 2. The commissioner of health of any county or part-county health\ndistrict or, in a county lacking a county or part-county health\ndistrict, the medical director of the program for children with physical\ndisabilities, or the department of health of the city of New York, may\nissue authorizations for medical service for children with physical\ndisabilities, and the expenses thereof, when approved by such health\ncommissioner, department of health or medical director and duly audited,\nshall be a charge upon the county, or upon the city of New York if such\nbe the case, wherein the children are domiciled at the time application\nis made for such medical service.\n 3. Such health commissioner, department of health or county medical\ndirector may determine and order that the person or persons charged with\nthe liability under the laws to support such child shall pay a part or\nall of such expenses. A parent or other person who is ordered to\ncontribute to the cost of medical service authorized by this section may\npetition the family court , pursuant to section two hundred thirty-two\nof the family court act, for review of the order. Whenever a parent or\nother person who is ordered to contribute to the cost of medical service\nauthorized by this section fails to make such contribution, the health\ncommissioner, department of health or medical director may apply to the\nfamily court, pursuant to section two hundred thirty-two of the family\ncourt act, for an order compelling such contribution. The amount\nauthorized to be paid for medical service shall be in full payment\nthereof and shall be accepted by the person or corporation furnishing\nsuch service in full payment thereof when any payment is made under such\nauthorization by the county or by the city of New York, and no such\nperson or corporation shall ask or receive directly or indirectly any\nother or additional compensation.\n 4. When the commissioner of health of any county or part-county health\ndistrict, or, in a county lacking a county or part-county health\ndistrict, the medical director of the program for children with physical\ndisabilities, or the department of health of the city of New York, shall\nissue authorizations for medical service for children with physical\ndisabilities, the commissioner, if he approves such authorizations,\nshall certify to such effect, copies of which certification shall be\nfiled with the clerk of the board of supervisors or other governing\nelective body of the county or chief fiscal officer of the city of New\nYork and with the commissioner.\n 5. The medical service provided for in any authorization issued\npursuant to subdivision two may be furnished and completed even though\nthe person for whom such service is to be provided under such\nauthorization shall have thereafter attained the age of twenty-one\nyears; provided, however, that no such authorization shall provide for\ntreatment beyond eighteen months from the date thereof.\n 6. The circumstance that a child is not eligible for medical\nassistance pursuant to the provisions of title eleven of article five of\nthe social services law shall not be a bar to the furnishing and\ncompletion of the medical assistance for children with physical\ndisabilities authorized by this title.\n