§ 367 — Authorization for hospital care

New York § 367

• Jurisdiction: New York
• Law SOS: Social Services
• Title 11: Medical Assistance For Needy Persons
• Art. 5: Assistance and Care

Text

§ 367. Authorization for hospital care. 1. Except as permitted by\nthe regulations of the department, so far as practicable, no patient\nshall be admitted to a hospital as a public charge under this title or\nthis chapter without the prior authorization of the social services\nofficial responsible for authorizing such care. If a patient is\nadmitted without prior authorization of the appropriate social services\nofficial and the hospital has reason to believe that the patient will be\nunable to pay for his care, and is or may be eligible for care under\nthis title or this chapter, it may send a notice containing a report of\nthe facts of the case to such social services official who shall\npromptly advise the patient or his representative of his right to apply\nfor medical assistance and, if eligible, to have the cost of his care\npaid for under this chapter. If the identity of the social services\nofficial responsible for authorizing such care is not known by the\nhospital, such notice shall be sent to the commissioner of the social\nservices district in which the hospital is located who shall make an\ninvestigation to determine which social services district may be\nresponsible for authorizing such care and appropriately notify such\ndistrict, which shall advise such patient or his representative of his\nright to apply, and if eligible to have the cost of his care paid for\nunder this chapter. The cost of care of an eligible patient shall be a\ncharge against a social services district only when authorized by the\ncommissioner of social services of such district, which authorization\nshall not be withheld from any patient eligible for such care pursuant\nto this title and the regulations of the department.\n 2. Notwithstanding any inconsistent provision of law, the social\nservices official responsible for authorizing hospital or health related\nservices shall withhold payment for such services upon the certification\nof the commissioner of health that payment for such care is unauthorized\nunder the medical assistance program.\n