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This entry was published on 2014-09-22
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SECTION 2582
Children with physical disabilities; duty of the department
Public Health (PBH) CHAPTER 45, ARTICLE 25, TITLE 5
§ 2582. Children with physical disabilities; duty of the department.
1. The department shall on its own initiative provide, within the limits
of the appropriations made therefor, such medical service for children
with physical disabilities as in the judgment of the commissioner is
needed.

2. The commissioner of health of any county or part-county health
district or, in a county lacking a county or part-county health
district, the medical director of the program for children with physical
disabilities, or the department of health of the city of New York, may
issue authorizations for medical service for children with physical
disabilities, and the expenses thereof, when approved by such health
commissioner, department of health or medical director and duly audited,
shall be a charge upon the county, or upon the city of New York if such
be the case, wherein the children are domiciled at the time application
is made for such medical service.

3. Such health commissioner, department of health or county medical
director may determine and order that the person or persons charged with
the liability under the laws to support such child shall pay a part or
all of such expenses. A parent or other person who is ordered to
contribute to the cost of medical service authorized by this section may
petition the family court , pursuant to section two hundred thirty-two
of the family court act, for review of the order. Whenever a parent or
other person who is ordered to contribute to the cost of medical service
authorized by this section fails to make such contribution, the health
commissioner, department of health or medical director may apply to the
family court, pursuant to section two hundred thirty-two of the family
court act, for an order compelling such contribution. The amount
authorized to be paid for medical service shall be in full payment
thereof and shall be accepted by the person or corporation furnishing
such service in full payment thereof when any payment is made under such
authorization by the county or by the city of New York, and no such
person or corporation shall ask or receive directly or indirectly any
other or additional compensation.

4. When the commissioner of health of any county or part-county health
district, or, in a county lacking a county or part-county health
district, the medical director of the program for children with physical
disabilities, or the department of health of the city of New York, shall
issue authorizations for medical service for children with physical
disabilities, the commissioner, if he approves such authorizations,
shall certify to such effect, copies of which certification shall be
filed with the clerk of the board of supervisors or other governing
elective body of the county or chief fiscal officer of the city of New
York and with the commissioner.

5. The medical service provided for in any authorization issued
pursuant to subdivision two may be furnished and completed even though
the person for whom such service is to be provided under such
authorization shall have thereafter attained the age of twenty-one
years; provided, however, that no such authorization shall provide for
treatment beyond eighteen months from the date thereof.

6. The circumstance that a child is not eligible for medical
assistance pursuant to the provisions of title eleven of article five of
the social services law shall not be a bar to the furnishing and
completion of the medical assistance for children with physical
disabilities authorized by this title.