Section 391. Admission of out of county patients

1. Exclusive of the city
  of New York, and exclusive of  counties  served  by  state  tuberculosis
  hospitals,  any  person in a county not having a county hospital for the
  care and treatment of persons suffering from tuberculosis may  apply  in
  person to the clerk of the board of supervisors of such county or to the
  state  commissioner  of health for admission to a tuberculosis hospital,
  providing that such person submit  with  such  application  a  statement
  signed  by a reputable physician that such physician has, within the ten
  days preceding the date of such application, examined  such  person  and
  that,  in  his opinion, such person is suffering from tuberculosis or is
  suspected of having tuberculosis and is in need of  care  and  treatment
  therefor.  Upon  receipt  of such application, the clerk of the board of
  supervisors or the state commissioner of health, as  the  case  may  be,
  shall  forward  the  same  to the superintendent of any state, county or
  city hospital for the care and treatment of tuberculosis.
    2. Whenever the superintendent of such a  hospital  shall  receive  an
  application  for  the  admission  of  a  patient  in accordance with the
  provisions of subdivision one of this section, if it  appear  from  such
  application  that  the  person  therein  referred  to  is suffering from
  tuberculosis or is suspected of having tuberculosis and is  in  need  of
  care and treatment therefor, the superintendent shall notify said person
  to appear in person at the hospital, provided there be a vacancy in such
  hospital  and  there  be no pending application from a patient living in
  the  county  in  which  the  hospital  is  located.  If,  upon  personal
  examination  of  the  patient, the superintendent is satisfied that such
  patient is in need of care and  treatment  for  tuberculosis,  he  shall
  admit  him  to the hospital. Every patient so admitted shall be a charge
  against the county in which he was  living  immediately  prior  to  such
  admission.  Such  charge  shall be at a rate to be fixed by the board of
  managers, which shall not  exceed  the  per  diem  per  capita  cost  of
  maintenance  therein  and  any  cost  of  transportation  to or from the
  hospital, except that if the county operating said hospital is currently
  receiving state aid for the care and treatment of tuberculosis  patients
  pursuant  to  the  public health law, such charge shall be an amount for
  each day of such patient's care equivalent to the balance of  the  total
  per diem per capita cost of operating such hospital during the preceding
  fiscal  year,  as  computed  and  approved  by the state commissioner of
  health pursuant to subdivision three of section fifty-four of the public
  health law; and the bill therefor shall be audited and paid by the board
  of supervisors of the said county. However, if such  patient  has  local
  residence,  as  defined  in  the public health law, in some county other
  than the one in which he was living immediately prior to such  admission
  or  in the city of New York, he shall be a charge upon such other county
  or the city of New York, as the case may  be,  and  in  this  event  any
  amounts  for  the  cost of such care and treatment which shall have been
  paid by the county from which he was admitted shall be charged back  and
  reimbursed  to  such county by the aforesaid other county or the city of
  New York in which the patient has local residence.  Any patient admitted
  to a hospital in accordance with the provisions of  subdivision  one  of
  this  section  may pay for his care and treatment in whole or in part if
  he volunteers to do so.