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This entry was published on 2019-10-04
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SECTION 2801
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2801. Definitions. The following words or phrases, as used in this
article, shall have the following meanings, unless the context otherwise
requires:

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, or, in the
case of a midwifery birth center, of a midwife, for the prevention,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including, but not limited to, a general 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, tuberculosis
hospital, chronic disease hospital, maternity hospital, midwifery birth
center, lying-in-asylum, out-patient department, out-patient lodge,
dispensary and a laboratory or central service facility serving one or
more such institutions, but the term hospital shall not include an
institution, 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 religious 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. No provision of this article or any
other provision of law shall be construed to: (a) limit the volume of
mental health, substance use disorder services or developmental
disability services that can be provided by a provider of primary care
services licensed under this article and authorized to provide
integrated services in accordance with regulations issued by the
commissioner in consultation with the commissioner of the office of
mental health, the commissioner of the office of alcoholism and
substance abuse services and the commissioner of the office for people
with developmental disabilities, including regulations issued pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two thousand
twelve; (b) require a provider licensed pursuant to article thirty-one
of the mental hygiene law or certified pursuant to article sixteen or
article thirty-two of the mental hygiene law to obtain an operating
certificate from the department if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner in consultation with the commissioner of the office of
mental health, the commissioner of the office of alcoholism and
substance abuse services and the commissioner of the office for people
with developmental disabilities, including regulations issued pursuant
to subdivision seven of section three hundred sixty-five-l of the social
services law or part L of chapter fifty-six of the laws of two thousand
twelve.

2. "Nursing home" means a facility providing therein nursing care to
sick, invalid, infirm, disabled or convalescent persons in addition to
lodging and board or health-related service, or any combination of the
foregoing, and in addition thereto, providing nursing care and
health-related service, or either of them, to persons who are not
occupants of the facility.

3. "Residential health care facility" means a nursing home or a
facility providing health-related service.

4. (a) "Hospital service" means the preadmission, out-patient,
in-patient and post discharge care provided in or by a hospital, and
such other items or services as are necessary for such care, which are
provided by or under the supervision of a physician for the purpose of
prevention, diagnosis or treatment of human disease, pain, injury,
disability, deformity or physical condition, including, but not limited
to, nursing service, home-care nursing and other paramedical service,
ambulance service, service provided by an intern or resident in
training, laboratory service, medical social service, drugs,
biologicals, supplies, appliances, equipment, bed and board.

(b) "Health-related service" means service in a facility or facilities
which provide or offer lodging, board and physical care including, but
not limited to, the recording of health information, dietary supervision
and supervised hygienic services incident to such service.

5. "Construction" means the erection, building, or substantial
acquisition, alteration, reconstruction, improvement, extension or
modification of a hospital, including its equipment; the inspection and
supervision thereof; and the studies, surveys, designs, plans, working
drawings, specifications, procedures and other actions necessary
thereto.

6. "Council" and "public health council" mean the public health and
health planning council.

7. "Government agency" means a department, board, bureau, division,
office, agency, public benefit or other corporation, or any other unit,
however described, of the state or a political subdivision thereof.

8. "Caretaker" means a person appointed pursuant to the provisions of
section twenty-eight hundred six-b of this article, to act as a
fiduciary responsible to the court which appoints him for the conserving
and preserving of the rights and property of the operator of a
residential health care facility, while also preserving and providing
for the rights of the patients in such facility to care appropriate to
their needs in a clean and wholesome environment in accordance with
applicable federal and state laws and regulations.

9. "Out-patient lodge" means a facility affiliated with an institution
providing hospital service, which provides therein food and overnight
lodging to the chronically ill undergoing out-patient treatment for
cancer at such institution.

10. "General hospital" means a hospital engaged in providing medical
or medical and surgical services primarily to in-patients by or under
the supervision of a physician on a twenty-four hour basis with
provisions for admission or treatment of persons in need of emergency
care and with an organized medical staff and nursing service, including
facilities providing services relating to particular diseases, injuries,
conditions or deformities. The term general hospital shall not include a
residential health care facility, public health center, diagnostic
center, treatment center, out-patient lodge, dispensary and laboratory
or central service facility serving more than one institution.

11. "Midwifery birth center" means a hospital engaged principally in
providing prenatal and obstetric care, where such services are provided
principally by midwives.