New York Public Health Law Section 206-a - Discrimination In Hospital Staff Appointments And Privileges Prohibited.

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    § 206-a. Discrimination in hospital staff appointments and privileges
  prohibited.  1. It shall be an unlawful discriminatory practice for  the
  governing body of a hospital
    a.  To  deny to or to withhold from a physician, dentist or podiatrist
  staff membership or professional privileges in a hospital because of his
  participation in any medical group practice, non-profit health insurance
  plan,  or  comprehensive  health  services  plan  offered  by  a  health
  maintenance organization authorized by the laws of the state; or
    b.  To  exclude  or  to  expel a physician, dentist or podiatrist from
  staff membership or to curtail, terminate  or  diminish  in  any  way  a
  physician's,  dentist's  or  podiatrist's  professional  privileges in a
  hospital because of his participation in  any  medical  group  practice,
  non-profit  health insurance plan, or comprehensive health services plan
  offered by a health maintenance organization authorized by the  laws  of
  the state.
    2.  Any  person claiming to be aggrieved by an unlawful discriminatory
  practice defined by this section may, by himself or his attorney,  make,
  sign  and  file  with  the  commissioner a verified complaint in writing
  which shall state the name and address of the hospital  whose  governing
  body  is  alleged to have committed the unlawful discriminatory practice
  complained of and which shall set  forth  the  particulars  thereof  and
  contain such other information as may be required by the commissioner.
    3.  After  the  filing  of  any such complaint, the commissioner shall
  designate a deputy commissioner or other officer of  the  department  to
  make  a  prompt  investigation  in  connection  therewith;  and  if such
  designee shall determine after investigation that probable cause  exists
  for  crediting  the  allegations  of the complaint, he shall immediately
  endeavor  to  eliminate  the   unlawful   discriminatory   practice   by
  conference, conciliation and persuasion.
    4.  In  case of a failure so to eliminate such practice, or in advance
  thereof as in his judgment circumstances so  warrant,  the  commissioner
  shall  cause  to  be issued a written notice together with a copy of the
  complaint, as the same may have been amended, requiring each  member  of
  the  governing  body  of  the  hospital  in  question (or such member or
  members thereof as in his judgment are warranted), hereinafter sometimes
  referred to as respondent, to answer charges  of  such  complaint  at  a
  hearing  before him (or before a deputy commissioner or other officer of
  the department other than the designee who investigated the  complaint),
  hereinafter  referred  to  as hearing officer, at a time and place to be
  specified in such notice.
    5. The respondent may file a written verified answer to the  complaint
  and  appear  at  such  hearing  in  person  or otherwise with or without
  counsel and submit testimony.
    6. If, upon all the evidence at the hearing, the hearing officer shall
  find that a  respondent  has  engaged  in  any  unlawful  discriminatory
  practice  defined  in  this section, the hearing officer shall state his
  findings of fact and the commissioner shall issue and cause to be served
  on such respondent an order  requiring  such  respondent  to  cease  and
  desist from such unlawful discriminatory practice.
    7. If, upon all the evidence at the hearing, the hearing officer shall
  find  that  a  respondent has not engaged in any unlawful discriminatory
  practice defined in this section, the hearing officer  shall  state  his
  findings of fact and the commissioner shall issue and cause to be served
  on  the  complainant  an  order dismissing the said complaint as to such
  respondent.
    8. The commissioner shall  establish  rules  of  practice  to  govern,
  expedite  and  effectuate  the foregoing procedure and the actions to be
  taken thereunder.
    9. Any complaint filed pursuant to  this  section  must  be  so  filed
  within ninety days after the alleged act of discrimination.
    10.  Any  complainant,  respondent  or  other person aggrieved by such
  order of the commissioner may obtain judicial review  thereof,  and  the
  commissioner  may  obtain  an  order  of court for its enforcement, in a
  proceeding as provided in this subdivision.  Such  proceeding  shall  be
  brought  in the supreme court of the state within any county wherein the
  unlawful  discriminatory  practice  which  is   the   subject   of   the
  commissioner's  order occurs or wherein any person required in the order
  to cease and desist from a unlawful discriminatory practice  resides  or
  transacts  business. The findings of the hearing officer as to the facts
  shall be conclusive if supported by substantial evidence on  the  record
  considered  as  a  whole.  All  such  proceedings  shall  be  heard  and
  determined by the court and any  appellate  court  as  expeditiously  as
  possible and with lawful precedence over other matters.
    11.  The  following  words,  as  used  in this section, shall have the
  following meanings unless the context otherwise requires:
    a. "Governing body" means  the  group  or  the  individual  ultimately
  responsible  for  a  hospital's  general  policies with respect to staff
  membership and  professional  privileges  and  shall  include,  but  not
  limited  to,  a  board  of  trustees,  a  board of directors, a board of
  governors, a board of managers, a medical board, a director or any other
  official of a hospital with comparable responsibilities.
    b. "Hospital" means an institution for the care and treatment  of  the
  sick  and  injured,  equipped  with  the  technical facilities, medical,
  nursing and other professional and  technical  personnel  necessary  for
  diagnosis  and  treatment  of  persons suffering from sickness or injury
  which requires bed care.
    c.  "Medical  group  practice"  means  the  practice  of  medicine  by
  physicians  as  partners  or in groups with fees and moneys received for
  professional services furnished by any individual physician,  member  or
  employee  of  such  partnership  or  group  pooled  and redistributed in
  accordance with a partnership or other agreement.
    d.  "Non-profit  health  insurance"  means  insurance  issued   by   a
  non-profit  medical  expense  indemnity  corporation  in accordance with
  article forty-three of the insurance law.
    e.  "Health  maintenance  organization"  means  such  organization  as
  defined in article forty-four of this chapter.
    f.  "Comprehensive health services plan" means such plan as defined in
  article forty-four of this chapter.

Last modified: August 13, 2006