New York Laws
Article 28 - Hospitals
2801-B - Improper Practices in Hospital Staff Appointments and Extension of Professional Privileges Prohibited.

ยง 2801-b. Improper practices in hospital staff appointments and
extension of professional privileges prohibited. 1. It shall be an
improper practice for the governing body of a hospital to refuse to act
upon an application for staff membership or professional privileges or
to deny or withhold from a physician, podiatrist, optometrist, dentist
or licensed midwife staff membership or professional privileges in a
hospital, or to exclude or expel a physician, podiatrist, optometrist,
dentist or licensed midwife from staff membership in a hospital or
curtail, terminate or diminish in any way a physician's, podiatrist's,
optometrist's, dentist's or licensed midwife's professional privileges
in a hospital, without stating the reasons therefor, or if the reasons
stated are unrelated to standards of patient care, patient welfare, the
objectives of the institution or the character or competency of the
applicant. It shall be an improper practice for a governing body of a
hospital to refuse to act upon an application or to deny or to withhold
staff membership or professional privileges to a podiatrist based solely
upon a practitioner's category of licensure.

2. Any person claiming to be aggrieved by an improper practice as
defined in this section may, by himself or his attorney, make, sign and
file with the public health council a verified complaint in writing
which shall state the name and address of the hospital whose governing
body is alleged to have committed the improper practice complained of
and which shall set forth the particulars thereof and contain such other
information as may be required by the council.

3. After the filing of any such complaint, the public health council
shall make a prompt investigation in connection therewith. In conducting
such investigation, the public health council is authorized to receive
reports from the governing body of the hospital and the complainant, as
the case may be, and the furnishing of such information to the public
health council, or by the council to the governing body or complainant,
shall not subject any person or hospital to any action for damages or
other relief. Such information when received by the public health
council, or its authorized representative, shall be kept confidential
and shall be used solely for the purposes of this section and the
improvement of the standards of patient care and patient welfare. The
records of such proceedings shall not be admissible as evidence in any
other action of any kind in any court or before any other tribunal,
board, agency, or person. If the council shall determine after such
investigation that cause exists for crediting the allegations of the
complaint, the council shall promptly so advise the governing body of
the hospital against which the complaint was made, and shall direct that
such governing body make a review of the actions of such body in denying
or withholding staff membership or professional privileges from the
complainant physician, podiatrist, optometrist, dentist or licensed
midwife or in excluding or expelling such physician, podiatrist,
optometrist, dentist or licensed midwife from staff membership or in
curtailing, terminating or in any way diminishing such physician's,
podiatrist's, optometrist's, dentist's or licensed midwife's
professional privileges in the hospital.

4. The provisions of this section shall not be deemed to impair or
affect any other right or remedy.

Structure New York Laws

New York Laws

PBH - Public Health

Article 28 - Hospitals

2800 - Declaration of Policy and Statement of Purpose.

2801 - Definitions.

2801-A - Establishment or Incorporation of Hospitals.

2801-B - Improper Practices in Hospital Staff Appointments and Extension of Professional Privileges Prohibited.

2801-C - Injunctions.

2801-D - Private Actions by Patients of Residential Health Care Facilities.

2801-E - Voluntary Residential Health Care Facility Rightsizing Demonstration Program.

2801-F - Residential Health Care Facility Quality Incentive Payment Program.

2801-G - Community Forum on Hospital Closure.

2801-H - Personal Caregiving Visitors for Nursing Home Residents During Public Health Emergencies.

2802 - Approval of Construction.

2802-A - Transitional Care Unit Demonstration Program.

2802-B - Health Equity Impact Assessments.

2803 - Commissioner and Council; Powers and Duties.

2803-A - Authority to Contract.

2803-B - Uniform Reports and Accounting Systems for Hospital Costs.

2803-C - Rights of Patients in Certain Medical Facilities.

2803-C-1 - Rights of Patients in Certain Medical Facilities; Long-Term Care Ombudsman Program.

2803-D - Reporting Abuses of Persons Receiving Care or Services in Residential Health Care Facilities.

2803-E - Residential Health Care Facilities; Return and Redistribution of Unused Medication.

2803-E*2 - Reporting Incidents of Possible Professional Misconduct.

2803-F - Respite Projects.

2803-G - Board of Visitors in County Owned Residential Health Care Facility.

2803-H - Health Related Facility; Pet Therapy Programs.

2803-I - General Hospital Inpatient Discharge Review Program.

2803-J - Information for Maternity Patients.

2803-J*2 - Nursing Home Nurse Aide Registry.

2803-K - In-Patient Nasogastric Feeding Procedures.

2803-L - Community Service Plans.

2803-M - Discharge of Hospital Patients to Adult Homes.

2803-N - Hospital Care for Maternity Patients.

2803-O - Hospital Care for Mastectomy, Lumpectomy, and Lymph Node Dissection Patients.

2803-P - Disclosure of Information Concerning Family Violence.

2803-Q - Family Councils in Residential Health Care Facilities.

2803-R - Dissemination of Information About the Abandoned Infant Protection Act.

2803-S - Access to Product Recall Information.

2803-T - Preadmission Information.

2803-U - Hospital Substance Use Disorder Policies and Procedures.

2803-V - Lymphedema Information Distribution.

2803-V*2 - Standing Orders for New Born Care in a Hospital.

2803-W - Independent Quality Monitors for Residential Health Care Facilities.

2803-W*2 - Disclosure of Information Concerning Pregnancy Complications.

2803-X - Requirements Related to Nursing Homes and Related Assets and Operations.

2803-Y - Provision of Residency Agreement.

2803-Z - Transfer, Discharge and Voluntary Discharge Requirements for Residential Health Care Facilities.

2803-Z*2 - Antimicrobial Resistance Prevention and Education.

2803-AA - Sickle Cell Disease Information Distribution.

2803-AA*2 - Nursing Home Infection Control Competency Audit.

2804 - Units for Hospital and Health-Related Affairs.

2804-A - State Task Force on Clinical Practice Guidelines and Medical Technology Assessment.

2805 - Approval of Hospitals; Operating Certificates.

2805-A - Disclosure of Financial Transactions.

2805-B - Admission of Patients and Emergency Treatment of Nonadmitted Patients.

2805-C - .

2805-D - Limitation of Medical, Dental or Podiatric Malpractice Action Based on Lack of Informed Consent.

2805-E - Reports of Residential Health Care Facilities.

2805-F - Money Deposited or Advanced for Admittance to Nursing Homes; Waiver Void; Administration Expenses.

2805-G - Maintenance of Records.

2805-H - Immunizations.

2805-I - Treatment of Sexual Offense Victims and Maintenance of Evidence in a Sexual Offense.

2805-J - Medical, Dental and Podiatric Malpractice Prevention Program.

2805-K - Investigations Prior to Granting or Renewing Privileges.

2805-L - Adverse Event Reporting.

2805-M - Confidentiality.

2805-N - Child Abuse Prevention.

2805-O - Identification of Veterans and Their Spouses by Nursing Homes, Residential Health Care Facilities, and Adult Care Facilities.

2805-P - Emergency Treatment of Rape Survivors.

2805-Q - Hospital Visitation by Domestic Partner.

2805-R - Patients Unable to Verbally Communicate.

2805-S - Circulating Nurse Required.

2805-T - Clinical Staffing Committees and Disclosure of Nursing Quality Indicators.

2805-U - Credentialing and Privileging of Health Care Practioners Providing Telemedicine Services.

2805-V - Observation Services.

2805-W - Patient Notice of Observation Services.

2805-X - Hospital-Home Care-Physician Collaboration Program.

2805-Y - Indentification and Assessment of Human Trafficking Victims.

2805-Z - Hospital Domestic Violence Policies and Procedures.

2806 - Hospital Operating Certificates; Suspension or Revocation.

2806-A - Temporary Operator.

2815 - Health Facility Restructuring Program.

2815-A - Community Health Care Revolving Capital Fund.

2816 - Statewide Planning and Research Cooperative System.

2806-B - Residential Health Care Facilities; Revocation of Operating Certificate.

2807 - Hospital Reimbursement Provisions; Generally.

2807-A - General Hospital Nineteen Hundred Eighty-Six and Nineteen Hundred Eighty-Seven Inpatient Rates and Charges.

2807-AA - Nurse Loan Repayment Program.

2807-B - Outstanding Payments and Reports Due Under Subdivision Eighteen of Section Twenty-Eight Hundred Seven-C, Sections Twenty-Eight Hundred Seven-D,twenty

2807-C - General Hospital Inpatient Reimbursement for Annual Rate Periods Beginning on or After January First, Nineteen Hundred Eighty-Eight.

2807-D - Hospital Assessments.

2807-DD - Temporary Nursing Home Stability Contributions.

2807-D-1 - Hospital Quality Contributions.

2807-E - Uniform Bills.

2807-F - Health Maintenance Organization Payment Factor.

2807-I - Service and Quality Improvement Grants.

2807-J - Patient Services Payments.

2807-K - General Hospital Indigent Care Pool.

2807-L - Health Care Initiatives Pool Distributions.

2807-M - Distribution of the Professional Education Pools.

2807-N - Palliative Care Education and Training.

2807-O - Early Intervention Services Pool.

2807-P - Comprehensive Diagnostic and Treatment Centers Indigent Care Program.

2807-R - Funding for Expansion of Cancer Services.

2807-S - Professional Education Pool Funding.

2807-T - Assessments on Covered Lives.

2807-U - Transfers for Tax Credits.

2807-V - Tobacco Control and Insurance Initiatives Pool Distributions.

2807-W - High Need Indigent Care Adjustment Pool.

2807-X - Grants for Long Term Care Demonstration Projects.

2807-Y - Pool Administration.

2807-Z - Review of Eligible Federally Qualified Health Center Capital Projects.

2808 - Residential Health Care Facilities; Rates of Payment.

2808-A - Liability of Certain Persons.

2808-B - Certification of Financial Statements and Financial Information.

2808-C - Reimbursement of General Hospital Inpatient Services.

2808-D - Nursing Home Quality Improvement Demonstration Program.

2808-E - Residential Health Care for Children With Medical Fragility in Transition to Young Adults and Young Adults With Medical Fragility Demonstration Program.

2808-E*2 - Nursing Home Ratings.

2809 - Residential Health Care Facilities; Powers to Require Security.

2810 - Residential Health Care Facilities; Receivership.

2811 - Discounts and Splitting Fees With Medical Referral Services; Prohibited.

2812 - Construction.

2813 - Separability.

2814 - Health Networks, Global Budgeting, and Health Care Demonstrations.

2816-A - Cardiac Services Information.

2817 - Community Health Centers Capital Program.

2818 - Health Care Efficiency and Affordability Law of New Yorkers (Heal Ny) Capital Grant Program.

2819 - Hospital Acquired Infection Reporting.

2820 - Home Based Primary Care for the Elderly Demonstration Project.

2821 - State Electronic Health Records (Ehr) Loan Program.

2822 - Residential Care Off-Site Facility Demonstration Project.

2823 - Supportive Housing Development Program.

2824 - Central Service Technicians.

2824*2 - Surgical Technology and Surgical Technologists.

2825 - Capital Restructuring Financing Program.

2825-A - Health Care Facility Transformation: Kings County Project.

2825-B - Oneida County Health Care Facility Transformation Program:oneida County Project.

2825-C - Essential Health Care Provider Support Program.

2825-D - Health Care Facility Tranformation Program: Statewide.

2825-E - Health Care Facility Tranformation Program: Statewide Ii.

2825-F - Health Care Facility Tranformation Program: Statewide Iii.

2825-G - Health Care Facility Transformation Program: Statewide Iv.

2825-H - Health Care Facility Transformation Program: Statewide V.

2826 - Temporary Adjustment to Reimbursement Rates.

2827 - Plant-Based Food Options.

2828 - Residential Health Care Facilities; Minimum Direct Resident Care Spending.

2828*2 - Essential Support Persons Allowed for Individuals With Disabilities During a State of Emergency.

2829 - Nursing Homes; Disclosure Requirements.

2830 - Surgical Smoke Evacuation.

2830*2 - Regulation of the Billing of Facility Fees.