2021 New York Laws
PBH - Public Health
Article 28 - 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, or, in the
case of a midwifery birth center, of  a  midwife,  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, midwifery  birth
center,  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. No provision of  this  article  or  any
other  provision  of  law shall be construed to: (a) limit the volume of
mental  health,  substance  use  disorder  services   or   developmental
disability  services  that can be provided by a provider of primary care
services  licensed  under  this  article  and  authorized   to   provide
integrated  services  in  accordance  with  regulations  issued  by  the
commissioner in consultation with the  commissioner  of  the  office  of
mental  health,  the  commissioner  of  the  office  of  alcoholism  and
substance abuse services and the commissioner of the office  for  people
with  developmental  disabilities, including regulations issued pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two  thousand
twelve;  (b)  require a provider licensed pursuant to article thirty-one
of the mental hygiene law or certified pursuant to  article  sixteen  or
article  thirty-two  of  the  mental  hygiene law to obtain an operating
certificate from the department if such provider has been authorized  to
provide integrated services in accordance with regulations issued by the
commissioner  in  consultation  with  the  commissioner of the office of
mental  health,  the  commissioner  of  the  office  of  alcoholism  and
substance  abuse  services and the commissioner of the office for people
with developmental disabilities, including regulations  issued  pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services  law or part L of chapter fifty-six of the laws of two thousand
twelve.
  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.
  11. "Midwifery birth center" means a hospital engaged  principally  in
providing  prenatal and obstetric care, where such services are provided
principally by midwives.