§ 352 — County or part-county health commissioners; powers and duties

§ 352. County or part-county health commissioners; powers and duties.\n1. Every county health commissioner shall devote his entire time to the\nduties of his office except that in a county operating as a county\nhealth district, the boundaries of which are co-terminous with the\ncounty, he may, with the approval of the commissioner, be appointed\nsuperintendent of the county general hospital and further excepted, that\nin a county or part-county health district, he may, with the approval of\nthe commissioner, be appointed medical consultant to any county or other\nlocal governmental agency within the county or part-county health\ndistrict.\n 2. The county health commissioner shall, within his district, exercise\ngeneral supervision and control of the medical treatment of patients in\nthe institutions, public health centers and clinics operated by the\nhealth district and possess all the powers conferred upon and perform\nall the duties required of local health officers.\n 3. (a) The county health commissioner, within his district and with\nthe approval of the county board of health, or the county manager or\ncounty executive in those counties having an optional or alternative\nform of county government, and with the approval of the state\ncommissioner of health, may enter into contracts\n (1) with corporations duly licensed in the state of New York to\ntransact the business of accident and health insurance to provide to\nsick and disabled persons insured by them such home care, including\nnursing and other paramedical services (excluding physicians' services)\nas may be needed by them;\n (2) with hospital service corporations organized and operating in\naccordance with article forty-three of the insurance law to provide to\ntheir subscribers nursing service and such other paramedical services as\nwould have been available in a hospital (excluding physicians' services)\nat rates which shall prior to payment be approved as to reasonableness\nby the superintendent of financial services;\n (3) with any municipal corporation or local, state or federal agency\nto provide such home care, including nursing and other paramedical\nservices (excluding physicians' services) as may be needed by sick and\ndisabled persons;\n (4) with medical expense indemnity corporations organized and\noperating in accordance with article forty-three of the insurance law to\nprovide their subscribers with such home care, including nursing and\nother paramedical services as may be needed by them at rates which shall\nprior to payment be approved as to reasonableness by the superintendent\nof financial services; and\n (5) with any non-profit corporation, agency or association established\nfor the purpose of improvement of health services, or for the purpose of\nproviding home care for sick and disabled persons, including nursing and\nother paramedical services (excluding physicians' services) as may be\nneeded by such persons.\n (6) with any dentist, physician or group of physicians, without public\nbidding, for the rental or use of a portion of a clinic or public health\ncenter and its equipment and furnishings provided, however, that any\nsuch dentist, physician or group of physicians shall render such care\nand treatment as shall be necessary or possible under the circumstances\nto any person found eligible for emergency treatment including those\nfound in an unconscious, seriously ill or wounded condition and to any\nperson eligible for medical assistance pursuant to section three hundred\nsixty-six of the social services law.\n (b) such county commissioner, manager or executive, as the case may\nbe, shall establish the fees to be charged for such services to be\nrendered pursuant to such contracts, collect such fees and pay the same\nover to the fiscal officer of the county in the manner provided by law.\nNo contract made in accordance with the provisions of subdivision (a) of\nthis section shall require payment for such services to an insured or\nsubscriber at a rate in excess of the charge for the same service, if\nany, provided to a person afflicted with a similar disease or condition\nwho is neither insured nor a subscriber.\n 4. The county or part-county health commissioner within his district\nand with the approval of the county or part-county board of health, or\nthe county manager or county executive in those counties having an\noptional or alternate form of county government and with the approval of\nthe state commissioner of health may establish and collect fees from a\npatient or a person or private or public agency responsible for his care\nfor services rendered to patients in the institutions, public health\ncenters and clinics operated by the health district and for nursing and\nparamedical services (excluding physicians' services) rendered to people\nsick at home. Fees so collected shall be paid to the fiscal officer of\nthe county in the manner provided by law.\n 5. The county or part-county health commissioner may in his\ndiscretion, in proper cases, where substantial justice will best be\nserved thereby, waive the collection of all, or any portion of, such\nfees or compromise any portion of such fees. Such waiver or compromise\nshall be made only upon prior approval of the county or part-county\nboard of health, or the county manager or county executive in those\ncounties having an optional or alternate form of county government, when\nit is deemed to be in the best interests of the county.\n 6. The county or part-county health commissioner, the public health\ndirector, the New York city commissioner of health or the county manager\nor county executive in those counties having an optional or alternate\nform of county government, may contract with a private collection agency\nfor the collection of overdue claims and obligations with respect to\nfees charged for physician, dentist, nursing, paramedical, therapist,\nlaboratory and home health services and medical supplies and equipment\nor other health-related services provided by, on behalf of, or at the\nrequest of the county or part-county health district or health\ndepartment.\n