Section 378. Certain cities; contracts and fees for health services

(a) In
  cities  having  a  population  of less than one hundred and seventy-five
  thousand and in those cities which have by  special  law  established  a
  department of health, the commissioner of health or health officer, with
  the  consent  and  approval  of  the mayor and the board of estimate and
  apportionment or other board having similar power in such cities and the
  common council or similar legislative authority in cities having no such
  boards, may enter into contracts
    (1) with corporations duly licensed  in  the  state  of  New  York  to
  transact  the  business  of  accident and health insurance to provide to
  sick and disabled persons insured by  them  such  home  care,  including
  nursing  and other paramedical services (excluding physicians' services)
  as may be needed by them;
    (2) with hospital service  corporations  organized  and  operating  in
  accordance  with  article forty-three of the insurance law to provide to
  their subscribers nursing service and such other paramedical services as
  would have been available in a hospital (excluding physicians' services)
  at rates which shall prior to payment be approved as  to  reasonableness
  by the superintendent of insurance;
    (3)  with  any municipal corporation or local, state or federal agency
  to provide such home  care,  including  nursing  and  other  paramedical
  services  (excluding  physicians' services) as may be needed by sick and
  disabled persons;
    (4)  with  medical  expense  indemnity  corporations   organized   and
  operating in accordance with article forty-three of the insurance law to
  provide  their  subscribers  with  such home care, including nursing and
  other paramedical services, as may be needed  by  them  at  rates  which
  shall  prior  to  payment  be  approved  as  to  reasonableness  by  the
  superintendent of insurance; and
    (5) with any non-profit corporation, agency or association established
  for the purpose of improvement of health services, or for the purpose of
  providing home care for sick and disabled persons, including nursing and
  other paramedical services (excluding physicians' services)  as  may  be
  needed by such persons.
    (6) with any dentist, physician or group of physicians, without public
  bidding, for the rental or use of a portion of a clinic or public health
  center  and  its  equipment  and furnishings provided, however, that any
  such dentist, physician or group of physicians shall  render  such  care
  and  treatment as shall be necessary or possible under the circumstances
  to any person found eligible for  emergency  treatment  including  those
  found  in  an unconscious, seriously ill or wounded condition and to any
  person eligible for medical assistance pursuant to section three hundred
  sixty-six of the social services law.
    (b) Such commissioner of health or health officer shall establish  the
  fees  to  be  charged  for such services to be rendered pursuant to such
  contracts, collect such fees and pay the same over to the fiscal officer
  of the city  in  the  manner  provided  by  law.  No  contract  made  in
  accordance  with the provisions of subdivision (a) of this section shall
  require payment for such services to an insured or subscriber at a  rate
  in  excess  of  the  charge  for the same service, if any, provided to a
  person afflicted with a similar disease  or  condition  who  is  neither
  insured nor a subscriber.
    (c)  The commissioner of health or health officer with the consent and
  approval of the mayor and the board of estimates  and  apportionment  or
  other  board  having similar power in such cities and the common council
  or similar legislative authority in cities having  no  such  boards  may
  establish  and  collect  fees  from  a patient or a person or private or
  public agency responsible for his care for services rendered to patients

  in the institutions, public health centers and clinics operated  by  the
  city   and   for  nursing  and  other  paramedical  services  (excluding
  physicians' services) rendered to people sick at home. Fees so collected
  shall  be  paid to the fiscal officer of the city in the manner provided
  by law.
    (d)  The  commissioner  of  health  or  health  officer  may  in   his
  discretion,  in  proper  cases,  where  substantial justice will best be
  served thereby, waive the collection of all, or  any  portion  of,  such
  fees  or  compromise any portion of such fees. Such waiver or compromise
  shall be made only upon prior approval of the mayor  and  the  board  of
  estimate  and  apportionment or other board having similar power in such
  cities and the common council or similar legislative authority in cities
  having no such boards, when it is deemed to be in the best interests  of
  the city.