Assembly Bill A1747

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1747

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M. of A. GOTTFRIED, AUBRY, PAULIN, PEOPLES, TOWNS, BROD-
  SKY, MILLMAN, ROBINSON, ESPAILLAT, HOYT -- Multi-Sponsored by -- M. of
  A. BOYLAND, BRENNAN, CAHILL, CLARK, COOK, CYMBROWITZ, DIAZ,  DINOWITZ,
  EDDINGTON,  GANTT,  GLICK,  GREENE,  HEASTIE,  HOOPER, JACOBS, JAFFEE,
  JOHN, KELLNER, MAGEE, MARKEY, MAYERSOHN, McENENY, ORTIZ, PERRY,  PHEF-
  FER,  POWELL, J. RIVERA, SCARBOROUGH, SEMINERIO, WEISENBERG, WRIGHT --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to  including  health
  care  facilities  or  part of a facility operated or supervised by the
  department of correctional services or by local  correctional  facili-
  ties within the definition of hospital

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 2801 of the public health law,  as
separately  amended  by  chapters  297  and  416 of the laws of 1983, is
amended to read as follows:
  1. "Hospital" means a facility or institution engaged  principally  in
providing services by or under the supervision of a physician or, in the
case  of  a  dental  clinic  or dental dispensary, of a dentist, for the
prevention, diagnosis or  treatment  of  human  disease,  pain,  injury,
deformity or physical condition, including, but not limited to, a gener-
al  hospital, public health center, diagnostic center, treatment center,
dental clinic, dental dispensary, rehabilitation  center  other  than  a
facility used solely for vocational rehabilitation, nursing home, tuber-
culosis  hospital,  chronic disease hospital, maternity hospital, lying-
in-asylum, out-patient department, out-patient lodge, dispensary  and  a
laboratory  or  central service facility serving one or more such insti-
tutions, INCLUDING ANY SUCH FACILITY OR PART OF A FACILITY  OPERATED  OR
SUPERVISED  BY  THE  DEPARTMENT  OF  CORRECTIONAL SERVICES OR BY A LOCAL
CORRECTIONAL FACILITY AS DEFINED IN SUBDIVISION SIXTEEN OF  SECTION  TWO
OF THE CORRECTION LAW, but the term hospital shall not include an insti-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00357-01-9
              

A. 1747                             2

tution,  sanitarium  or  other facility engaged principally in providing
services for the prevention, diagnosis or treatment of mental disability
and  which  is  subject  to  the  powers  of  visitation,   examination,
inspection  and investigation of the department of mental hygiene except
for those distinct parts of  such  a  facility  which  provide  hospital
service. The provisions of this article shall not apply to a facility or
institution  engaged  principally  in providing services by or under the
supervision of the bona fide members and adherents of a recognized reli-
gious organization whose teachings include reliance on  spiritual  means
through prayer alone for healing in the practice of the religion of such
organization  and  where  services are provided in accordance with those
teachings.
  S 2. This act shall take effect one year after it shall have become  a
law.