§ 378 — Certain cities; contracts and fees for health services

§ 378. Certain cities; contracts and fees for health services. (a) In\ncities having a population of less than one hundred and seventy-five\nthousand and in those cities which have by special law established a\ndepartment of health, the commissioner of health or health officer, with\nthe consent and approval of the mayor and the board of estimate and\napportionment or other board having similar power in such cities and the\ncommon council or similar legislative authority in cities having no such\nboards, 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\nshall prior to payment be approved as to reasonableness by the\nsuperintendent of 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 commissioner of health or health officer shall establish the\nfees to be charged for such services to be rendered pursuant to such\ncontracts, collect such fees and pay the same over to the fiscal officer\nof the city in the manner provided by law. No contract made in\naccordance with the provisions of subdivision (a) of this section shall\nrequire payment for such services to an insured or subscriber at a rate\nin excess of the charge for the same service, if any, provided to a\nperson afflicted with a similar disease or condition who is neither\ninsured nor a subscriber.\n (c) The commissioner of health or health officer with the consent and\napproval of the mayor and the board of estimates and apportionment or\nother board having similar power in such cities and the common council\nor similar legislative authority in cities having no such boards may\nestablish and collect fees from a patient or a person or private or\npublic agency responsible for his care for services rendered to patients\nin the institutions, public health centers and clinics operated by the\ncity and for nursing and other paramedical services (excluding\nphysicians' services) rendered to people sick at home. Fees so collected\nshall be paid to the fiscal officer of the city in the manner provided\nby law.\n (d) The commissioner of health or health officer 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 mayor and the board of\nestimate and apportionment or other board having similar power in such\ncities and the common council or similar legislative authority in cities\nhaving no such boards, when it is deemed to be in the best interests of\nthe city.\n