Section 130. Admission and maintenance of patients

1. The provisions of
  this section shall not apply to any person admitted  for  the  care  and
  treatment  of  tuberculosis,  as  defined and provided for in the public
  health law.
    2. Whenever a patient shall have been admitted to such  hospital,  the
  superintendent  shall  cause  to  be  made  such  inquiry as he may deem
  necessary, relative to the ability of such patient, or of the  relatives
  of  such patient 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.  In
  all claims for payment and/or reimbursement made under the provisions of
  this section the superintendent shall be deemed a preferred creditor. If
  the  superintendent  finds 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, town, city or village by which the  hospital  is
  maintained;  provided,  however,  that  in  case  such  patient is not a
  resident of said  county,  town,  city  or  village,  the  cost  of  his
  maintenance  shall be a charge upon the civil division of the state upon
  which he would be a charge as a needy  person.    No  employee  of  such
  hospital  shall  accept  from  any  patient  thereof any fee, payment or
  gratuity whatsoever for his service.
    3. Notwithstanding the provisions of subdivision two of this  section,
  whenever  a  contract  shall  be  in  effect  with  any hospital service
  corporation governed by the provisions of  article  forty-three  of  the
  insurance  law for the rendering of hospital service by such hospital to
  the subscribers of such corporation, the rendering of  hospital  service
  to  such subscribers in so far as payment for such service is concerned,
  shall be subject to the provisions of such contract, and  in  such  case
  the   provisions   of  such  subdivision,  to  the  extent  inconsistent
  therewith, shall be inapplicable.
    3-a. Subdivisions four through  eight,  inclusive,  of  this  section,
  hereinafter   set   forth,   shall   govern  and  apply  solely  to  the
  administration and operation  of  the  E.  J.  Meyer  Memorial  Hospital
  located  in  the  city  of  Buffalo, Erie county, the Westchester county
  medical center located  in  the  town  of  Mount  Pleasant,  Westchester
  county,  and  the  Nassau  county  medical center located in the Town of
  Hempstead, Nassau county.
    4.  Definitions.  As  used  in  the  subdivisions  of   this   section
  hereinafter set forth, the following terms shall be defined as follows:
    (a) Employment agreement shall mean the agreement between the hospital
  and  the  salaried  physicians and dentists as approved by the governing
  body of the municipality operating such hospital.
    (b) Private patient shall mean only such patient for whom the salaried
  physician or dentist has rendered a  service  as  now  or  hereafter  so
  described by the Social Security Administration for Title 18, Part B, of
  the Federal Social Security Act of l965.
    (c)  Teaching hospital shall, for the purposes of this chapter, mean a
  hospital having a contractual agreement with a medical school,  as  such
  medical  school  is  defined  in  section  sixty-five hundred one of the
  education law, for the training of medical students.

    5. Notwithstanding the provisions of subdivision two of this  section,
  whenever  a  contract  shall  be  in  effect  with  any  medical expense
  indemnity corporation governed by the provisions of article  forty-three
  of  the  insurance law or any other authorized insurer for the rendering
  of  medical  care  by  a  duly  licensed  physician  or  dentist  to the
  subscribers of such corporation or authorized insurer, the rendering  of
  medical  care  by a salaried physician or dentist, other than an interne
  or resident, employed by any such public general teaching  hospital,  to
  such  subscribers  insofar as payment for such medical care is concerned
  shall be subject to the provisions of such contract and the terms of the
  employment  agreement,  provided  such  salaried  physician  or  dentist
  treated  such individual as his private patient and personally performed
  the services involved, and in such case the  provisions  of  subdivision
  two, to the extent inconsistent therewith shall be inapplicable.
    6.  Notwithstanding the provisions of subdivision two of this section,
  whenever any person eligible for benefit  payments  for  services  of  a
  physician  or  dentist  under  Title  18,  Part B, of the Federal Social
  Security Act of l965 shall have  received  medical  care  as  a  private
  patient  of  a  salaried  physician  or dentist other than an interne or
  resident, employed by any such public  general  teaching  hospital,  the
  rendering  of  and payment for such medical care shall be subject to the
  provisions of such title and the terms of the employment  agreement  and
  in   such  case  the  provisions  of  subdivision  two,  to  the  extent
  inconsistent therewith, shall be inapplicable.
    7. Notwithstanding the provisions of subdivision two of this  section,
  whenever  any  person  eligible  for  benefit payments for services of a
  physician or dentist under Title 19 of the Federal Social  Security  Act
  of  l965 and article five of the social services law shall have received
  medical care as a private patient of a  salaried  physician  or  dentist
  other  than  an interne or resident, employed by any such public general
  teaching hospital the rendering of any payment  for  such  medical  care
  shall be subject to the provisions of such title and article five of the
  social  services  law  and  the terms of the employment agreement and in
  such case the provisions of subdivision two  of  this  section,  to  the
  extent inconsistent therewith, shall be inapplicable.
    8.  Notwithstanding the provisions of subdivision two of this section,
  whenever any person not covered by the provisions of subdivisions  five,
  six  and  seven  of  this  section shall have received medical care as a
  private patient of a salaried physician or dentist other than an interne
  or resident, employed by any such public general teaching hospital, such
  salaried physician or dentist shall be entitled to receive the usual and
  customary fee for the services rendered as established pursuant to Title
  18, Part B of the Federal Social Security  Act  of  l965,  provided  the
  superintendent  of  such hospital finds that such patient is able to pay
  for said medical care in accordance with the  terms  of  the  employment
  agreement,  and  in  such case the provisions of subdivision two of this
  section, to the extent inconsistent therewith, shall be inapplicable.
    9. Notwithstanding the provisions of subdivisions one  through  eight,
  inclusive, of this section, any public general hospital may enter into a
  clinical  practice  plan  approved  by the state commissioner of health.
  Such hospital may propose a  clinical  practice  plan  approved  by  the
  governing  body of the municipality operating such hospital to the state
  commissioner of health. Such plan shall specify the method to be used to
  assure that physician and dentist employees of the hospital verify  that
  duplicate  payments  for  services  cannot  be received and that any fee
  payments to be made by or on behalf  of  patients  meet  the  applicable
  requirements  of  titles  eighteen  and  nineteen  of the Federal Social
  Security Act of nineteen hundred sixty-five, as amended, and  the  rules

  and  regulations  promulgated thereunder, and any pertinent requirements
  of any corporation governed by the provisions of article forty-three  of
  the insurance law and any other third party payors. Prior to approval of
  such  clinical  practice  plan,  the  state commissioner of health shall
  determine that the plan meets  such  requirements,  includes  provisions
  that  assure  compliance  with  subdivision  two of section twenty-eight
  hundred five of the public  health  law  and  provides  for  such  other
  records,  reports  and  audits  as  the state commissioner of health may
  determine to be necessary. No public general hospital may implement such
  plan without the prior written approval of  the  state  commissioner  of
  health.  Such  approval  may  be  revoked, suspended or limited on proof
  that: (a) the hospital or any of the professional employees have  failed
  to comply with the provisions of the approved clinical practice plan; or
  (b)  the  hospital  or  any of the professional employees have failed to
  provide the state commissioner of health  with  the  data  necessary  to
  evaluate  the  operation  of  the  clinical  practice  plan;  or (c) the
  approved clinical practice plan has not met  the  requirements  of  this
  subdivision. No revocation, suspension or limitation of such plan may be
  made  without providing an opportunity for a formal hearing conducted in
  accordance with section twelve-a of the public health law.