2012 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2823) HOSPITALS
2801 - Definitions.

 
    §  2801.  Definitions. The following words or phrases, as used in this
  article, shall have the following meanings, unless the context otherwise
  requires:
    1. "Hospital" means a facility or institution engaged  principally  in
  providing services by or under the supervision of a physician or, in the
  case  of  a  dental  clinic  or dental dispensary, of a dentist, for the
  prevention, diagnosis or  treatment  of  human  disease,  pain,  injury,
  deformity  or  physical  condition,  including,  but  not  limited to, a
  general hospital, public health  center,  diagnostic  center,  treatment
  center,  dental  clinic,  dental dispensary, rehabilitation center other
  than a facility used solely for vocational rehabilitation, nursing home,
  tuberculosis hospital, chronic  disease  hospital,  maternity  hospital,
  lying-in-asylum,  out-patient  department, out-patient lodge, dispensary
  and a laboratory or central service facility serving one  or  more  such
  institutions,  but  the  term hospital shall not include an institution,
  sanitarium or other facility engaged principally in  providing  services
  for  the  prevention,  diagnosis  or  treatment of mental disability and
  which is subject to the powers of  visitation,  examination,  inspection
  and  investigation  of the department of mental hygiene except for those
  distinct parts of such a facility which provide  hospital  service.  The
  provisions  of this article shall not apply to a facility or institution
  engaged principally in providing services by or under the supervision of
  the  bona  fide  members  and  adherents  of  a   recognized   religious
  organization whose teachings include reliance on spiritual means through
  prayer  alone  for  healing  in  the  practice  of  the religion of such
  organization and where services are provided in  accordance  with  those
  teachings.
    2.  "Nursing  home" means a facility providing therein nursing care to
  sick, invalid, infirm, disabled or convalescent persons in  addition  to
  lodging  and  board or health-related service, or any combination of the
  foregoing,  and  in  addition  thereto,  providing  nursing   care   and
  health-related  service,  or  either  of  them,  to  persons who are not
  occupants of the facility.
    3. "Residential health care  facility"  means  a  nursing  home  or  a
  facility providing health-related service.
    4.   (a)  "Hospital  service"  means  the  preadmission,  out-patient,
  in-patient and post discharge care provided in or  by  a  hospital,  and
  such  other  items or services as are necessary for such care, which are
  provided by or under the supervision of a physician for the  purpose  of
  prevention,  diagnosis  or  treatment  of  human  disease, pain, injury,
  disability, deformity or physical condition, including, but not  limited
  to,  nursing  service,  home-care nursing and other paramedical service,
  ambulance  service,  service  provided  by  an  intern  or  resident  in
  training,   laboratory   service,   medical   social   service,   drugs,
  biologicals, supplies, appliances, equipment, bed and board.
    (b) "Health-related service" means service in a facility or facilities
  which provide or offer lodging, board and physical care  including,  but
  not limited to, the recording of health information, dietary supervision
  and supervised hygienic services incident to such service.
    5.   "Construction"  means  the  erection,  building,  or  substantial
  acquisition,  alteration,  reconstruction,  improvement,  extension   or
  modification  of a hospital, including its equipment; the inspection and
  supervision thereof; and the studies, surveys, designs,  plans,  working
  drawings,   specifications,   procedures  and  other  actions  necessary
  thereto.
    6. "Council" and "public health council" mean the  public  health  and
  health planning council.

    7.  "Government  agency"  means a department, board, bureau, division,
  office, agency, public benefit or other corporation, or any other  unit,
  however described, of the state or a political subdivision thereof.
    8.  "Caretaker" means a person appointed pursuant to the provisions of
  section twenty-eight  hundred  six-b  of  this  article,  to  act  as  a
  fiduciary responsible to the court which appoints him for the conserving
  and  preserving  of  the  rights  and  property  of  the  operator  of a
  residential health care facility, while also  preserving  and  providing
  for  the  rights of the patients in such facility to care appropriate to
  their needs in a clean and  wholesome  environment  in  accordance  with
  applicable federal and state laws and regulations.
    9. "Out-patient lodge" means a facility affiliated with an institution
  providing  hospital  service,  which provides therein food and overnight
  lodging to the chronically  ill  undergoing  out-patient  treatment  for
  cancer at such institution.
    10.  "General  hospital" means a hospital engaged in providing medical
  or medical and surgical services primarily to in-patients  by  or  under
  the  supervision  of  a  physician  on  a  twenty-four  hour  basis with
  provisions for admission or treatment of persons in  need  of  emergency
  care  and with an organized medical staff and nursing service, including
  facilities providing services relating to particular diseases, injuries,
  conditions or deformities. The term general hospital shall not include a
  residential health  care  facility,  public  health  center,  diagnostic
  center,  treatment  center, out-patient lodge, dispensary and laboratory
  or central service facility serving more than one institution.