New York Public Health Law Article 28 - HOSPITALS

• 2800 - Declaration of Policy and Statement of Purpose.
  Hospital and related services including health-related service of the highest quality, efficiently provided and properly utilized at a reasonable cost, are of vital concern to...
• 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...
• 2801-a - Establishment or Incorporation of Hospitals.
  1. No hospital, as defined in this article, shall be established except with the written approval of the public health and health planning council. No...
• 2801-b - Improper Practices in Hospital Staff Appointments and Extension of Professional Privileges Prohibited.
  1. It shall be an improper practice for the governing body of a hospital to refuse to act upon an application for staff membership or...
• 2801-c - Injunctions.
  The supreme court may enjoin violations or threatened violations of any provisions of this article; and it may enjoin violations of the regulations of the...
• 2801-d - Private Actions by Patients of Residential Health Care Facilities.
  1. Any residential health care facility that deprives any patient of said facility of any right or benefit, as hereinafter defined, shall be liable to...
• 2801-e - Voluntary Residential Health Care Facility Rightsizing Demonstration Program.
  1. The voluntary residential health care facility rightsizing demonstration program is intended to be a flexible and innovative approach to dealing with excess capacity in...
• 2801-f - Residential Health Care Facility Quality Incentive Payment Program.
  Subject to amounts appropriated for the residential health care facility quality incentive payment program, the department may make a payment to operators of residential health...
• 2801-g - Community Forum on Hospital Closure.
  1. No later than thirty days after the closure of a general hospital, the commissioner shall hold a public community forum for the purpose of...
• 2802 - Approval of Construction.
  The construction of a hospital, whether public or private, incorporated or not incorporated, shall require the prior approval of the commissioner. 1. An application for...
• 2802-a - Transitional Care Unit Demonstration Program.
  1. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to approve up to eighteen general hospitals within the state to...
• 2803 - Commissioner and Council; Powers and Duties.
  1. (a) The commissioner shall have the power to inquire into the operation of hospitals and to conduct periodic inspections of facilities with respect to...
• 2803-a - Authority to Contract.
  Hospitals, including hospitals described in subdivision ten of section 1.03 of the mental hygiene law, are hereby authorized, under such rules and regulations as the...
• 2803-b - Uniform Reports and Accounting Systems for Hospital Costs.
  1. The council, after public hearings with respect to its proposed systems of uniform hospital accounting and reporting, shall, by majority vote of its members...
• 2803-c - Rights of Patients in Certain Medical Facilities.
  1. The principles enunciated in subdivision three hereof are declared to be the public policy of the state and a copy of such statement of...
• 2803-d - Reporting Abuses of Persons Receiving Care or Services in Residential Health Care Facilities.
  1. The following persons are required to report in accordance with this section when they have reasonable cause to believe that a person receiving care...
• 2803-e - Residential Health Care Facilities; Return and Redistribution of Unused Medication.
  * 1. Notwithstanding any inconsistent provision of law, rule or regulation to the contrary, the commissioner is hereby authorized and directed to permit either a...
• 2803-e*2 - Reporting Incidents of Possible Professional Misconduct.
  * 2803-e. Reporting incidents of possible professional misconduct. 1. (a) Hospitals and other facilities approved pursuant to this article shall make a report or cause...
• 2803-f - Respite Projects.
  Residential health care facilities shall be permitted, with the prior approval of the commissioner in consultation with the director of the state office for the...
• 2803-g - Board of Visitors in County Owned Residential Health Care Facility.
  1. Each public residential health care facility owned by a county may have a board of visitors consisting of at least seven members. Members shall...
• 2803-h - Health Related Facility; Pet Therapy Programs.
  Notwithstanding any inconsistent provision of law, rule or regulation to the contrary, and subject to the approval of the commissioner, every residential health care facility,...
• 2803-i - General Hospital Inpatient Discharge Review Program.
  1. A general hospital inpatient discharge review program applicable to all patients other than beneficiaries of title XVIII of the federal social security act (medicare)...
• 2803-j - Information for Maternity Patients.
  * 1. The commissioner shall require that every hospital and birth center shall prepare in printed or photocopied form and distribute at the time of...
• 2803-j*2 - Nursing Home Nurse Aide Registry.
  * 2803-j. Nursing home nurse aide registry. 1. The department shall develop and maintain, or cause to be developed and maintained, a nurse aide registry...
• 2803-k - In-Patient Nasogastric Feeding Procedures.
  The commissioner shall promulgate and administer regulations and policies governing the maximum size of nasogastric feeding tubes in hospitals and residential health care facilities to...
• 2803-l - Community Service Plans.
  1. The governing body of a voluntary non-profit general hospital must issue an organizational mission statement identifying at a minimum the populations and communities served...
• 2803-m - Discharge of Hospital Patients to Adult Homes.
  (1) A patient about to be discharged as an inpatient from a hospital as defined in section twenty-eight hundred one of this article to an...
• 2803-n - Hospital Care for Maternity Patients.
  1. When a general hospital provides maternity care: (a) Inpatient care for mothers and newborns shall be offered for not less than forty-eight hours after...
• 2803-o - Hospital Care for Mastectomy, Lumpectomy, and Lymph Node Dissection Patients.
  1. When a general hospital provides mastectomy surgery, lymph node dissection or a lumpectomy, inpatient care shall be offered for a period as determined by...
• 2803-p - Disclosure of Information Concerning Family Violence.
  1. As used in this section: (a) Domestic violence shall mean acts as referred to in and qualified by section four hundred fifty-nine-a of the...
• 2803-q - Family Councils in Residential Health Care Facilities.
  1. As used in this section: (a) Family council means an organization of family members, friends, or representatives of two or more residents of a...
• 2803-r - Dissemination of Information About the Abandoned Infant Protection Act.
  1. All hospitals and clinics shall notify their prenatal care and obstetric patients of the provisions of the abandoned infant protection act, using materials provided...
• 2803-s - Access to Product Recall Information.
  The commissioner shall require that every hospital and birth center distribute at the time of pre-booking or admission directly to each maternity patient and, upon...
• 2803-t - Preadmission Information.
  Any hospital that provides preadmission information to a patient, shall offer a blind or visually impaired patient a large print version or, at the patient's...
• 2803-u - Hospital Substance Use Disorder Policies and Procedures.
  1. The office of alcoholism and substance abuse services, in consultation with the department, shall develop or utilize existing educational materials to be provided to...
• 2804 - Units for Hospital and Health-Related Affairs.
  1. The commissioner shall establish within the department a unit for hospital affairs to assist him in carrying out the provisions of this article. 2....
• 2804-a - State Task Force on Clinical Practice Guidelines and Medical Technology Assessment.
  * 1. A state task force is hereby created on clinical practice guidelines and medical technology assessment which shall consist of sixteen members. At least...
• 2805 - Approval of Hospitals; Operating Certificates.
  1. No hospital shall be operated unless it shall: (a) possess a valid operating certificate issued pursuant to this article, which certificate may specify the...
• 2805-a - Disclosure of Financial Transactions.
  1. Every general hospital operating under the provisions of this article shall file with the commissioner of health within one hundred twenty days after the...
• 2805-b - Admission of Patients and Emergency Treatment of Nonadmitted Patients.
  1. Every general hospital shall admit any person who is in need of immediate hospitalization with all convenient speed and shall not before admission question...
• 2805-c - (Enacted Without Section Heading).
  2805-c. Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upon the premises,...
• 2805-d - Limitation of Medical, Dental or Podiatric Malpractice Action Based on Lack of Informed Consent.
  1. Lack of informed consent means the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto...
• 2805-e - Reports of Residential Health Care Facilities.
  1. Every residential health care facility operating under the provisions of this article shall, within one hundred twenty days after the end of its fiscal...
• 2805-f - Money Deposited or Advanced for Admittance to Nursing Homes; Waiver Void; Administration Expenses.
  1. Whenever money shall be deposited or advanced on a contract or license agreement for admittance to a nursing home as security for performance of...
• 2805-g - Maintenance of Records.
  1. Every hospital shall maintain, as public information available for public inspection under such conditions as the commissioner shall prescribe, records containing copies of all...
• 2805-h - Immunizations.
  1. Immunizations against poliomyelitis, mumps, measles, diphtheria and rubella. (a) It shall be the duty of the administrative officer or other person in charge of...
• 2805-i - Treatment of Sexual Offense Victims and Maintenance of Evidence in a Sexual Offense.
  1. Every hospital providing treatment to alleged victims of a sexual offense shall be responsible for: (a) maintaining sexual offense evidence and the chain of...
• 2805-j - Medical, Dental and Podiatric Malpractice Prevention Program.
  1. Every hospital shall maintain a coordinated program for the identification and prevention of medical, dental and podiatric malpractice. Such program shall include at least...
• 2805-k - Investigations Prior to Granting or Renewing Privileges.
  1. Prior to granting or renewing professional privileges or association of any physician, dentist or podiatrist or hiring a physician, dentist or podiatrist, a hospital...
• 2805-l - Adverse Event Reporting.
  1. (a) All hospitals shall be required to report events described by subdivision two of this section to the department in a manner and within...
• 2805-m - Confidentiality.
  1. The information required to be collected and maintained pursuant to sections twenty-eight hundred five-j and twenty-eight hundred five-k of this article, reports required to...
• 2805-n - Child Abuse Prevention.
  All hospitals shall: (i) develop, maintain and disseminate written policies and procedures pursuant to title six of article six of the social services law and...
• 2805-o - Identification of Veterans and Their Spouses by Nursing Homes and Residential Health Care Facilities.
  1. Every nursing home and residential health care facility as defined in subdivisions two and three of section two thousand eight hundred one of this...
• 2805-p - Emergency Treatment of Rape Survivors.
  1. As used in this section: (a) "Emergency contraception" shall mean one or more prescription drugs used separately or in combination to be administered or...
• 2805-q - Hospital Visitation by Domestic Partner.
  1. No domestic partner or surrogate as defined by subdivision twenty-nine of section twenty-nine hundred ninety-four-a of this chapter shall be denied any rights of...
• 2805-r - Patients Unable to Verbally Communicate.
  1. The department shall make regulations concerning the treatment of general hospital patients who are unable to verbally communicate, for whatever reason, with a health...
• 2805-s - Circulating Nurse Required.
  A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each separate operating...
• 2805-t - Disclosure of Nursing Quality Indicators.
  1. Every facility with an operating certificate pursuant to the requirements of this article shall make available to the public information regarding nurse staffing and...
• 2805-u - Credentialing and Privileging of Health Care Practioners Providing Telemedicine Services.
  2805-u. Credentialing and privileging of health care practitioners providing telemedicine services. 1. For purposes of this section: (a) "Distant site hospital" means a hospital licensed...
• 2805-v - Observation Services.
  1. If a general hospital provides observation services, such services shall be provided in accordance with this section, and regulations adopted by the council and...
• 2805-w - Patient Notice of Observation Services.
  1. Every general hospital shall provide patients who are placed into observation services by such general hospital with an oral and written notice within twenty-four...
• 2805-x - Hospital-Home Care-Physician Collaboration Program.
  1. The purpose of this section shall be to facilitate innovation in hospital, home care agency and physician collaboration in meeting the community's health care...
• 2805-y - Indentification and Assessment of Human Trafficking Victims.
  2805-y. Identification and assessment of human trafficking victims. 1. As used in this section: (a) "human trafficking victim" shall have the meaning set forth in...
• 2806 - Hospital Operating Certificates; Suspension or Revocation.
  1. A hospital operating certificate may be revoked, suspended, limited or annulled by the commissioner on proof that: (a) the hospital has failed to comply...
• 2806-a - Temporary Operator.
  * 1. For the purposes of this section: (a) "adult care facility" shall mean an adult home or enriched housing program licensed pursuant to article...
• 2806-b - Residential Health Care Facilities; Revocation of Operating Certificate.
  Upon a determination by the commissioner that there exist operational deficiencies in a residential health care facility which show: (a) a condition or conditions in...
• 2807 - Hospital Reimbursement Provisions; Generally.
  1. Valid operating certificate requirement. No government agency and no corporation organized and operating in accordance with article forty-three of the insurance law and no...
• 2807-a - General Hospital Nineteen Hundred Eighty-Six and Nineteen Hundred Eighty-Seven Inpatient Rates and Charges.
  1. For the rate period from January first, nineteen hundred eighty-six through December thirty-first, nineteen hundred eighty-six and for the rate period from January first,...
• 2807-b - Outstanding Payments and Reports Due Under Subdivision Eighteen of Section Twenty-Eight Hundred Seven-c, Sections Twenty-Eight Hundred Seven-d,twenty
  2807-b. Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred seven-d, twenty-eight hundred seven-j, twenty-eight hundred seven-s and...
• 2807-c - General Hospital Inpatient Reimbursement for Annual Rate Periods Beginning on or After January First, Nineteen Hundred Eighty-Eight.
  1. Payor payments. Payments to general hospitals for inpatient hospital services provided to persons who are not eligible for payments as beneficiaries of title XVIII...
• 2807-d - Hospital Assessments.
  1. (a) Hospitals, as defined in this article, excluding hospitals specified in paragraph (b) of this subdivision, are charged assessments on their gross receipts received...
• 2807-Dd - Temporary Nursing Home Stability Contributions.
  1. Notwithstanding any contrary provision of law and subject to the receipt of all necessary federal approvals or waivers, for periods on and after April...
• 2807-d-1 - Hospital Quality Contributions.
  1. Notwithstanding any contrary provision of law and subject to the receipt of all necessary federal approvals or waivers, for periods on and after July...
• 2807-e - Uniform Bills.
  1. Definitions. For the purposes of this section, unless the context clearly requires otherwise: (a)"Ambulatory care services" shall mean ambulatory surgical services, diagnostic and treatment...
• 2807-f - Health Maintenance Organization Payment Factor.
  1. For purposes of this section, the following terms shall have the following meaning: (a) "HMO" shall mean a health maintenance organization operating in accordance...
• 2807-g - Health Workforce Retraining Program.
  1. The commissioner shall, to the extent of funds available therefor pursuant to section twenty-eight hundred seven-l of this article, make grants to eligible organizations...
• 2807-h - Health Occupation Development and Workplace Demonstration Programs.
  * 1. The commissioner shall authorize health occupation development and workplace demonstration programs and is directed to make rate adjustments, subject to the availability of...
• 2807-i - Service and Quality Improvement Grants.
  1. Grants to facilitate cooperative ventures for sharing administrative, management and operational services. a. Notwithstanding any inconsistent provision of law to the contrary, within amounts...
• 2807-j - Patient Services Payments.
  * 1. Payments to designated providers of services, as defined in paragraph (a) of subdivision one-a of this section, by all payors, including the state...
• 2807-k - General Hospital Indigent Care Pool.
  1. Definitions. For purposes of this section, the following words or phrases shall have the following meanings, unless the context otherwise requires: (a) "Major public...
• 2807-l - Health Care Initiatives Pool Distributions.
  1. Funds accumulated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this article, or...
• 2807-m - Distribution of the Professional Education Pools.
  1. Definitions. For purposes of this section, the following definitions shall apply, unless the context clearly requires otherwise: (a) "Clinical research" means patient-oriented research, epidemiologic...
• 2807-n - Palliative Care Education and Training.
  1. Definitions. The following words or phrases as used in this section shall have the following meanings: (a) "Palliative care" shall mean (i) the active,...
• 2807-p - Comprehensive Diagnostic and Treatment Centers Indigent Care Program.
  1. (a) For periods prior to July first, two thousand three, and on and after July first, two thousand five the commissioner is authorized to...
• 2807-r - Funding for Expansion of Cancer Services.
  To the extent of funds available therefor pursuant to section twenty-eight hundred seven-l of this article, the commissioner may allocate funds for competitive grants or...
• 2807-s - Professional Education Pool Funding.
  * 1. (a) Payments to general hospitals by all specified third-party payors, as defined in paragraph (b) of subdivision one-a of this section, making payments...
• 2807-t - Assessments on Covered Lives.
  * 1. Definitions. (a) "Individual" means a person for whom the specified third-party payor has agreed to provide reimbursement for inpatient hospital services in the...
• 2807-u - Transfers for Tax Credits.
  Upon receipt of the report from the commissioner of taxation and finance required pursuant to subdivision (i) of section fifteen hundred eleven of the tax...
• 2807-v - Tobacco Control and Insurance Initiatives Pool Distributions.
  1. Funds accumulated in the tobacco control and insurance initiatives pool or in the health care reform act (HCRA) resources fund established pursuant to section...
• 2807-w - High Need Indigent Care Adjustment Pool.
  Funds allocated pursuant to paragraph (p) of subdivision one of section twenty-eight hundred seven-v of this article, shall be deposited as authorized and used for...
• 2807-x - Grants for Long Term Care Demonstration Projects.
  1. The commissioner shall establish three demonstration projects to develop, evaluate and implement programs to test new models for the organization and delivery of long...
• 2807-y - Pool Administration.
  1. For periods on and after January first, two thousand five, the commissioner is authorized to contract with the article forty-three insurance law plans, or...
• 2807-z - Review of Eligible Federally Qualified Health Center Capital Projects.
  1. Notwithstanding any provision of this chapter or regulations or any other state law or regulation, for any eligible capital project as defined in subdivision...
• 2808 - Residential Health Care Facilities; Rates of Payment.
  1-a. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law and any other inconsistent provision of law, the commissioner shall...
• 2808-a - Liability of Certain Persons.
  1. Every person who is a controlling person of any residential health care facility liable under any provision of this article to any person or...
• 2808-b - Certification of Financial Statements and Financial Information.
  1. All financial statements or financial information required by law or regulation to be submitted by a nursing home or facility providing health-related service shall...
• 2808-c - Reimbursement of General Hospital Inpatient Services.
  * 1. General hospital rates and inpatient revenue cap. In determining payments from all sources for general hospital inpatient services for the rate year commencing...
• 2808-d - Nursing Home Quality Improvement Demonstration Program.
  1. Notwithstanding any law, rule or regulation to the contrary, the commissioner shall, within amounts appropriated and subject to the availability of federal financial participation,...
• 2809 - Residential Health Care Facilities; Powers to Require Security.
  1. If a residential health care facility receives a rating in the lowest category which may be assigned pursuant to subdivision one of section twenty-eight...
• 2810 - Residential Health Care Facilities; Receivership.
  1. The owner or owners of any residential health care facility may at any time request the department to take over the operation of such...
• 2811 - Discounts and Splitting Fees With Medical Referral Services; Prohibited.
  No hospital or facility delivering health care shall grant or receive a discount to or from any medical referral service or in any manner split...
• 2812 - Construction.
  Notwithstanding the provisions of any general, special or local law, or any city charter or administrative code to the contrary, no county, town, village or...
• 2813 - Separability.
  If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the...
• 2814 - Health Networks, Global Budgeting, and Health Care Demonstrations.
  * 1. For the purposes of this section unless the context clearly requires otherwise: (a) "Board" shall mean the temporary statewide health advisory board established...
• 2815 - Health Facility Restructuring Program.
  1. Definitions. As used in this section, the following words and phrases shall have the following meanings unless a different meaning is plainly required by...
• 2815-a - Community Health Care Revolving Capital Fund.
  1. Definitions. As used in this section, the following words and phrases shall have the following meanings unless a different meaning is plainly required by...
• 2816 - Statewide Planning and Research Cooperative System.
  * 1. (a) The statewide planning and research cooperative system in the department is continued, as provided in and subject to this section, within amounts...
• 2816-a - Cardiac Services Information.
  1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Cardiac services information" shall mean the demographic, clinical,...
• 2817 - Community Health Centers Capital Program.
  1. Definitions. As used in this section, unless the context clearly requires otherwise, the following terms shall have the following meanings: (a) "Community health center"...
• 2818 - Health Care Efficiency and Affordability Law of New Yorkers (Heal Ny) Capital Grant Program.
  1. The commissioner and the director of the dormitory authority of the state of New York shall enter into an agreement, subject to the approval...
• 2819 - Hospital Acquired Infection Reporting.
  1. For the purposes of this section, "hospital acquired infection" shall mean any localized or systemic patient condition that: (a) resulted from the presence of...
• 2820 - Home Based Primary Care for the Elderly Demonstration Project.
  * 1. Notwithstanding any law to the contrary there is hereby created a demonstration program within the department to determine the effectiveness of providing home...
• 2821 - State Electronic Health Records (Ehr) Loan Program.
  1. Definitions. As used in this section, the following words and phrases shall have the following meanings unless a different meaning is plainly required by...
• 2822 - Residential Care Off-Site Facility Demonstration Project.
  * 1. Notwithstanding any law to the contrary, there is hereby created a demonstration program within the department to assess reimbursement methodologies and delivery methods...
• 2823 - Supportive Housing Development Program.
  1. For the purposes of this section "eligible applicant" shall mean (a) a unit of local government, or (b) a not-for-profit corporation that has been...
• 2824 - Central Service Technicians.
  * 1. For the purposes of this section, the terms: (a) "central service technician" shall mean a person who provides the services of decontamination, preparation,...
• 2824*2 - Surgical Technology and Surgical Technologists.
  * 2824. Surgical technology and surgical technologists. 1. Definitions. As used in this section, the following terms shall have the following meanings: (a) "Healthcare facility"...
• 2825 - Capital Restructuring Financing Program.
  1. A capital restructuring financing program is hereby established under the joint administration of the commissioner and the president of the dormitory authority of the...
• 2825-a - Health Care Facility Transformation: Kings County Project.
  2825-a. Health care facility transformation program: Kings county project. 1. A Kings county health care facility transformation program is hereby established under the joint administration...
• 2825-b - Oneida County Health Care Facility Transformation Program:oneida County Project.
  2825-b. Oneida county health care facility transformation program: Oneida county project. 1. An Oneida county health care facility transformation program is hereby established under the...
• 2825-c - Essential Health Care Provider Support Program.
  1. Notwithstanding section one hundred sixty-three of the state finance law, or any inconsistent provision of law to the contrary, within amounts appropriated, funds may...
• 2825-d - Health Care Facility Tranformation Program: Statewide.
  2825-d. Health care facility transformation program: statewide. 1. A statewide health care facility transformation program is hereby established under the joint administration of the commissioner...
• 2825-e - Health Care Facility Tranformation Program: Statewide II.
  2825-e. Health care facility transformation program: statewide II. 1. A statewide health care facility transformation program is hereby established under the joint administration of the...
• 2826 - Temporary Adjustment to Reimbursement Rates.
  (a) Notwithstanding any provision of law to the contrary, within funds appropriated and subject to the availability of federal financial participation, the commissioner may grant...

Last modified: February 3, 2019