Section 126-B. Public hospitals for chronically ill  


Latest version.
  • 1. (a) The governing
      board of a county or city may by resolution determine that  there  shall
      be  in  such county or city a public hospital for the care and treatment
      of the chronically ill and make  provision  for  the  establishment  and
      operation  of  such a hospital by such county or city in the same manner
      and in accordance with the  same  procedure  as  is  prescribed  by  the
      provisions of this article for the establishment and operation of public
      general   hospitals;   and   the  provisions  of  sections  one  hundred
      twenty-six, one hundred  twenty-seven,  one  hundred  twenty-eight,  one
      hundred twenty-nine, one hundred thirty-one, one hundred thirty-two, one
      hundred   thirty-three,   one  hundred  thirty-five-a  and  one  hundred
      thirty-five-b shall apply thereto except to the  extent  they  shall  be
      inconsistent therewith.
        (b)  Provided  the  state  board of social welfare shall approve, such
      county or city may use for the operation of such a hospital  a  building
      or buildings formerly used as a tuberculosis hospital or sanatorium or a
      part thereof.
        2.  (a) If such a hospital is established, provision shall be made for
      the admission  of  patients  thereto,  upon  the  authorization  of  the
      commissioner  of  public  welfare of the county or city, as the case may
      be, who are receiving public assistance or care from  such  commissioner
      or  who may be determined to be needy by such commissioner in accordance
      with the standards and criteria of his public welfare district  pursuant
      to  the  provisions  of  the social welfare law, and for payment by such
      commissioner for the cost of care provided such patients.
        (b) When a patient who is  not  the  concern  of  the  public  welfare
      commissioner is admitted, the superintendent shall cause to be made such
      inquiry  as  he  may  deem  necessary  relative  to  the ability of such
      patient, and of the relatives legally liable for his support, to pay for
      his care  and  treatment.  If  he  finds  that  such  patient,  or  said
      relatives,  are  able  to  pay for his care and treatment in whole or in
      part, an order shall  be  made  by  the  superintendent  directing  such
      patient, or said relatives, to pay to the treasurer of such hospital for
      the  support  of such patient a specified sum per week, in proportion to
      their financial ability, but such sum shall not exceed the  actual  cost
      of  maintenance.  The  superintendent  shall  have  the  same  power and
      authority to collect such  sums  from  the  patient,  or  his  relatives
      legally  liable  for  his  support,  as is possessed by a public welfare
      official in like circumstances. If the  superintendent  find  that  such
      patient,  or his said relatives, are not able to pay, either in whole or
      in part, for his care and treatment in such hospital, the unpaid cost of
      his maintenance shall become a charge upon the county or city  by  which
      the  hospital is maintained, but may be subject to chargeback to another
      public welfare district pursuant to the provisions of the social welfare
      law. The provisions of this paragraph shall  not  apply  to  any  person
      admitted for care and treatment of tuberculosis, as defined and provided
      for in the public health law.
        (c) No employee of such hospital shall accept from any patient thereof
      any fee, payment or gratuity whatsoever for his service.
        3.  (a)  Whenever a county or city has, prior to the enactment of this
      section, established a public hospital for the care of  the  chronically
      sick,  the  governing  body  of  such  county  or city may by resolution
      provide that such hospital shall thereafter be controlled and maintained
      in accordance with the provisions of this section and article.
        (b) Any public hospital for the care of the chronically sick which may
      hereafter be established by the governing board of any  county  or  city
      shall be subject to the provisions of this section and article.
        * NB There are 2 § 126-b's