2006 New York Code - County Or Part-county Health Commissioners; Powers And Duties.

 
    §  352. County or part-county health commissioners; powers and duties.
  1. Every county health commissioner shall devote his entire time to  the
  duties  of  his  office  except  that  in a county operating as a county
  health district, the boundaries  of  which  are  co-terminous  with  the
  county,  he  may,  with  the  approval of the commissioner, be appointed
  superintendent of the county general hospital and further excepted, that
  in a county or part-county health district, he may, with the approval of
  the commissioner, be appointed medical consultant to any county or other
  local governmental  agency  within  the  county  or  part-county  health
  district.
    2. The county health commissioner shall, within his district, exercise
  general  supervision and control of the medical treatment of patients in
  the institutions, public health centers  and  clinics  operated  by  the
  health  district  and  possess all the powers conferred upon and perform
  all the duties required of local health officers.
    3. (a) The county health commissioner, within his  district  and  with
  the  approval  of  the  county board of health, or the county manager or
  county executive in those counties having  an  optional  or  alternative
  form   of  county  government,  and  with  the  approval  of  the  state
  commissioner of health, may enter into contracts
    (1) with corporations duly licensed  in  the  state  of  New  York  to
  transact  the  business  of  accident and health insurance to provide to
  sick and disabled persons insured by  them  such  home  care,  including
  nursing  and other paramedical services (excluding physicians' services)
  as may be needed by them;
    (2) with hospital service  corporations  organized  and  operating  in
  accordance  with  article forty-three of the insurance law to provide to
  their subscribers nursing service and such other paramedical services as
  would have been available in a hospital (excluding physicians' services)
  at rates which shall prior to payment be approved as  to  reasonableness
  by the superintendent of insurance;
    (3)  with  any municipal corporation or local, state or federal agency
  to provide such home  care,  including  nursing  and  other  paramedical
  services  (excluding  physicians' services) as may be needed by sick and
  disabled persons;
    (4)  with  medical  expense  indemnity  corporations   organized   and
  operating in accordance with article forty-three of the insurance law to
  provide  their  subscribers  with  such home care, including nursing and
  other paramedical services as may be needed by them at rates which shall
  prior to payment be approved as to reasonableness by the  superintendent
  of insurance; and
    (5) with any non-profit corporation, agency or association established
  for the purpose of improvement of health services, or for the purpose of
  providing home care for sick and disabled persons, including nursing and
  other  paramedical  services  (excluding physicians' services) as may be
  needed by such persons.
    (6) with any dentist, physician or group of physicians, without public
  bidding, for the rental or use of a portion of a clinic or public health
  center and its equipment and furnishings  provided,  however,  that  any
  such  dentist,  physician  or group of physicians shall render such care
  and treatment as shall be necessary or possible under the  circumstances
  to  any  person  found  eligible for emergency treatment including those
  found in an unconscious, seriously ill or wounded condition and  to  any
  person eligible for medical assistance pursuant to section three hundred
  sixty-six of the social services law.
    (b)  such  county  commissioner, manager or executive, as the case may
  be, shall establish the fees to be  charged  for  such  services  to  be
  rendered  pursuant to such contracts, collect such fees and pay the same
  over to the fiscal officer of the county in the manner provided by  law.
  No contract made in accordance with the provisions of subdivision (a) of
  this  section  shall  require payment for such services to an insured or
  subscriber  at  a  rate in excess of the charge for the same service, if
  any, provided to a person afflicted with a similar disease or  condition
  who is neither insured nor a subscriber.
    4.  The  county or part-county health commissioner within his district
  and with the approval of the county or part-county board of  health,  or
  the  county  manager  or  county  executive  in those counties having an
  optional or alternate form of county government and with the approval of
  the state commissioner of health may establish and collect fees  from  a
  patient or a person or private or public agency responsible for his care
  for  services  rendered  to  patients in the institutions, public health
  centers and clinics operated by the health district and for nursing  and
  paramedical services (excluding physicians' services) rendered to people
  sick  at  home. Fees so collected shall be paid to the fiscal officer of
  the county in the manner provided by law.
    5.  The  county  or  part-county  health  commissioner  may   in   his
  discretion,  in  proper  cases,  where  substantial justice will best be
  served thereby, waive the collection of all, or  any  portion  of,  such
  fees  or  compromise any portion of such fees. Such waiver or compromise
  shall be made only upon prior approval  of  the  county  or  part-county
  board  of  health,  or  the  county manager or county executive in those
  counties having an optional or alternate form of county government, when
  it is deemed to be in the best interests of the county.
    6. The county or part-county health commissioner,  the  public  health
  director, the New York city commissioner of health or the county manager
  or  county  executive  in those counties having an optional or alternate
  form of county government, may contract with a private collection agency
  for the collection of overdue claims and  obligations  with  respect  to
  fees  charged  for  physician, dentist, nursing, paramedical, therapist,
  laboratory and home health services and medical supplies  and  equipment
  or  other  health-related  services provided by, on behalf of, or at the
  request  of  the  county  or  part-county  health  district  or   health
  department.