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This entry was published on 2014-09-22
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SECTION 352
County or part-county health commissioners; powers and duties
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 3
§ 352. County or part-county health commissioners; powers and duties.
1. Every county health commissioner shall devote his entire time to the
duties of his office except that in a county operating as a county
health district, the boundaries of which are co-terminous with the
county, he may, with the approval of the commissioner, be appointed
superintendent of the county general hospital and further excepted, that
in a county or part-county health district, he may, with the approval of
the commissioner, be appointed medical consultant to any county or other
local governmental agency within the county or part-county health
district.

2. The county health commissioner shall, within his district, exercise
general supervision and control of the medical treatment of patients in
the institutions, public health centers and clinics operated by the
health district and possess all the powers conferred upon and perform
all the duties required of local health officers.

3. (a) The county health commissioner, within his district and with
the approval of the county board of health, or the county manager or
county executive in those counties having an optional or alternative
form of county government, and with the approval of the state
commissioner of health, 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 financial services;

(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 financial services; 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 county commissioner, manager or executive, as the case may
be, 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 county 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.

4. The county or part-county health commissioner within his district
and with the approval of the county or part-county board of health, or
the county manager or county executive in those counties having an
optional or alternate form of county government and with the approval of
the state commissioner of health 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 health district and for nursing and
paramedical services (excluding physicians' services) rendered to people
sick at home. Fees so collected shall be paid to the fiscal officer of
the county in the manner provided by law.

5. The county or part-county health commissioner 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 county or part-county
board of health, or the county manager or county executive in those
counties having an optional or alternate form of county government, when
it is deemed to be in the best interests of the county.

6. The county or part-county health commissioner, the public health
director, the New York city commissioner of health or the county manager
or county executive in those counties having an optional or alternate
form of county government, may contract with a private collection agency
for the collection of overdue claims and obligations with respect to
fees charged for physician, dentist, nursing, paramedical, therapist,
laboratory and home health services and medical supplies and equipment
or other health-related services provided by, on behalf of, or at the
request of the county or part-county health district or health
department.