2006 New York Code - Children With Physical Disabilities; Duty Of The Department.

 
    §  2582.  Children with physical disabilities; duty of the department.
  1. The department shall on its own initiative provide, within the limits
  of the appropriations made therefor, such medical service  for  children
  with  physical  disabilities  as  in the judgment of the commissioner is
  needed.
    2. The commissioner of health of  any  county  or  part-county  health
  district  or,  in  a  county  lacking  a  county  or  part-county health
  district, the medical director of the program for children with physical
  disabilities, or the department of health of the city of New  York,  may
  issue  authorizations  for  medical  service  for children with physical
  disabilities, and the expenses thereof, when  approved  by  such  health
  commissioner, department of health or medical director and duly audited,
  shall  be a charge upon the county, or upon the city of New York if such
  be the case, wherein the children are domiciled at the time  application
  is made for such medical service.
    3.  Such  health  commissioner, department of health or county medical
  director may determine and order that the person or persons charged with
  the liability under the laws to support such child shall pay a  part  or
  all  of  such  expenses.  A  parent  or  other  person who is ordered to
  contribute to the cost of medical service authorized by this section may
  petition the family court , pursuant to section two  hundred  thirty-two
  of  the  family court act, for review of the order. Whenever a parent or
  other person who is ordered to contribute to the cost of medical service
  authorized by this section fails to make such contribution,  the  health
  commissioner,  department of health or medical director may apply to the
  family court, pursuant to section two hundred thirty-two of  the  family
  court  act,  for  an  order  compelling  such  contribution.  The amount
  authorized to be paid for medical  service  shall  be  in  full  payment
  thereof  and  shall  be accepted by the person or corporation furnishing
  such service in full payment thereof when any payment is made under such
  authorization by the county or by the city of  New  York,  and  no  such
  person  or  corporation  shall ask or receive directly or indirectly any
  other or additional compensation.
    4. When the commissioner of health of any county or part-county health
  district, or, in  a  county  lacking  a  county  or  part-county  health
  district, the medical director of the program for children with physical
  disabilities, or the department of health of the city of New York, shall
  issue  authorizations  for  medical  service  for children with physical
  disabilities, the commissioner,  if  he  approves  such  authorizations,
  shall  certify  to  such  effect, copies of which certification shall be
  filed with the clerk of the board  of  supervisors  or  other  governing
  elective  body  of the county or chief fiscal officer of the city of New
  York and with the commissioner.
    5. The medical  service  provided  for  in  any  authorization  issued
  pursuant  to  subdivision two may be furnished and completed even though
  the  person  for  whom  such  service  is  to  be  provided  under  such
  authorization  shall  have  thereafter  attained  the  age of twenty-one
  years; provided, however, that no such authorization shall  provide  for
  treatment beyond eighteen months from the date thereof.
    6.  The  circumstance  that  a  child  is  not  eligible  for  medical
  assistance pursuant to the provisions of title eleven of article five of
  the social services law shall  not  be  a  bar  to  the  furnishing  and
  completion   of  the  medical  assistance  for  children  with  physical
  disabilities authorized by this title.