S T A T E O F N E W Y O R K
________________________________________________________________________
810
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GOTTFRIED, AUBRY, PAULIN, PEOPLES-STOKES, TOWNS,
MILLMAN, ROBINSON, HOYT, COLTON -- Multi-Sponsored by -- M. of A.
BOYLAND, BRENNAN, CAHILL, CLARK, COOK, CYMBROWITZ, DINOWITZ, GANTT,
GLICK, HEASTIE, HOOPER, JACOBS, JAFFEE, KELLNER, MAGEE, MARKEY, MAYER-
SOHN, McENENY, ORTIZ, PERRY, PHEFFER, J. RIVERA, SCARBOROUGH, SCHIMEL,
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02355-01-1
A. 810 2
OF THE CORRECTION LAW, but the term hospital shall not include an insti-
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.