New York Laws
Article 6 - Public Health and Safety
130 - Admission and Maintenance of Patients.

(a) Employment agreement shall mean the agreement between the hospital
and the salaried physicians and dentists as approved by the governing
body of the municipality operating such hospital.
(b) Private patient shall mean only such patient for whom the salaried
physician or dentist has rendered a service as now or hereafter so
described by the Social Security Administration for Title 18, Part B, of
the Federal Social Security Act of l965.
(c) Teaching hospital shall, for the purposes of this chapter, mean a
hospital having a contractual agreement with a medical school, as such
medical school is defined in section sixty-five hundred one of the
education law, for the training of medical students.

5. Notwithstanding the provisions of subdivision two of this section,
whenever a contract shall be in effect with any medical expense
indemnity corporation governed by the provisions of article forty-three
of the insurance law or any other authorized insurer for the rendering
of medical care by a duly licensed physician or dentist to the
subscribers of such corporation or authorized insurer, the rendering of
medical care by a salaried physician or dentist, other than an interne
or resident, employed by any such public general teaching hospital, to
such subscribers insofar as payment for such medical care is concerned
shall be subject to the provisions of such contract and the terms of the
employment agreement, provided such salaried physician or dentist
treated such individual as his private patient and personally performed
the services involved, and in such case the provisions of subdivision
two, to the extent inconsistent therewith shall be inapplicable.
6. Notwithstanding the provisions of subdivision two of this section,
whenever any person eligible for benefit payments for services of a
physician or dentist under Title 18, Part B, of the Federal Social
Security Act of l965 shall have received medical care as a private
patient of a salaried physician or dentist other than an interne or
resident, employed by any such public general teaching hospital, the
rendering of and payment for such medical care shall be subject to the
provisions of such title and the terms of the employment agreement and
in such case the provisions of subdivision two, to the extent
inconsistent therewith, shall be inapplicable.
7. Notwithstanding the provisions of subdivision two of this section,
whenever any person eligible for benefit payments for services of a
physician or dentist under Title 19 of the Federal Social Security Act
of l965 and article five of the social services law shall have received
medical care as a private patient of a salaried physician or dentist
other than an interne or resident, employed by any such public general
teaching hospital the rendering of any payment for such medical care
shall be subject to the provisions of such title and article five of the
social services law and the terms of the employment agreement and in
such case the provisions of subdivision two of this section, to the
extent inconsistent therewith, shall be inapplicable.
8. Notwithstanding the provisions of subdivision two of this section,
whenever any person not covered by the provisions of subdivisions five,
six and seven of this section shall have received medical care as a
private patient of a salaried physician or dentist other than an interne
or resident, employed by any such public general teaching hospital, such
salaried physician or dentist shall be entitled to receive the usual and
customary fee for the services rendered as established pursuant to Title
18, Part B of the Federal Social Security Act of l965, provided the
superintendent of such hospital finds that such patient is able to pay
for said medical care in accordance with the terms of the employment
agreement, and in such case the provisions of subdivision two of this
section, to the extent inconsistent therewith, shall be inapplicable.
9. Notwithstanding the provisions of subdivisions one through eight,
inclusive, of this section, any public general hospital may enter into a
clinical practice plan approved by the state commissioner of health.
Such hospital may propose a clinical practice plan approved by the
governing body of the municipality operating such hospital to the state
commissioner of health. Such plan shall specify the method to be used to
assure that physician and dentist employees of the hospital verify that
duplicate payments for services cannot be received and that any fee
payments to be made by or on behalf of patients meet the applicable
requirements of titles eighteen and nineteen of the Federal Social
Security Act of nineteen hundred sixty-five, as amended, and the rules

and regulations promulgated thereunder, and any pertinent requirements
of any corporation governed by the provisions of article forty-three of
the insurance law and any other third party payors. Prior to approval of
such clinical practice plan, the state commissioner of health shall
determine that the plan meets such requirements, includes provisions
that assure compliance with subdivision two of section twenty-eight
hundred five of the public health law and provides for such other
records, reports and audits as the state commissioner of health may
determine to be necessary. No public general hospital may implement such
plan without the prior written approval of the state commissioner of
health. Such approval may be revoked, suspended or limited on proof
that: (a) the hospital or any of the professional employees have failed
to comply with the provisions of the approved clinical practice plan; or
(b) the hospital or any of the professional employees have failed to
provide the state commissioner of health with the data necessary to
evaluate the operation of the clinical practice plan; or (c) the
approved clinical practice plan has not met the requirements of this
subdivision. No revocation, suspension or limitation of such plan may be
made without providing an opportunity for a formal hearing conducted in
accordance with section twelve-a of the public health law.

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