New York Laws
Title 5 - Clinical Laboratory and Blood Banking Services
576 - Duties and Powers of the Department.

(b) In determining the fee charges to be assessed, the department
shall, on or before May first of each year, compute the costs for the
preceding state fiscal year which were expended to operate and
administer the duties of the department pursuant to this title. The
department shall, at such time or times and pursuant to such procedure
as it shall determine by regulation, bill and collect from each clinical
laboratory and blood bank an amount computed by multiplying such total
computed operating expenses of the department by a fraction the
numerator of which is the gross annual receipts of such clinical
laboratory or blood bank during such twelve month period preceding the
date of computation as the department shall designate by regulation, and
the denominator of which is the total gross annual receipts of all
clinical laboratories or blood banks operating in the state during such
period.
(c) Each such clinical laboratory and blood bank shall submit to the
department, in such form and at such times as the department may
require, a report containing information regarding its gross annual
receipts for all activities performed pursuant to a permit issued by the
department in accordance with the provisions of section five hundred
seventy-five of this title. The department may require additional
information and audit and review such information to verify its
accuracy.
(d) Partial payments equal to one-quarter of the total amount billed,
may be made on or before June thirtieth, September thirtieth, December
thirty-first and March tenth of the fiscal year to which the billing
relates.
(e) On or before September fifteenth of each year, the department
shall reconcile its costs and expenses for the reference system for the
preceding state fiscal year and shall, on or before October fifteenth
send to each clinical laboratory and blood bank, a statement setting
forth the amount due and payable by, or the amount computed to the
credit of, such clinical laboratory or blood bank, computed on the basis
of the above stated formula, except that for the purposes of such
computation the fraction shall be multiplied against the total
recomputed expenses of the department for such fiscal year. Any amount
due shall be payable not later than thirty days following the date of
such statement. Any credit shall be applied against any succeeding
payment due.
(f) The commissioner may waive all or any part of such fee charges for
clinical laboratories or blood banks operated by local governments and
for nonprofit clinical laboratories or blood banks performing
examinations and analyses or providing services under contract with the
state or its local governments.
(g) Subject to the approval of the director of the budget, the
commissioner shall charge adequate and reasonable fees for the periodic
inspection of out-of-state clinical laboratories and blood banks, not
exceeding the estimated additional costs incurred for out-of-state
inspections under this title.
5. The department, within the amounts appropriated, may employ
inspectors, investigators, assistants and other employees or may
contract with the city of New York to carry out the provisions of this
title, set the compensation of such employees, within limits provided by
law, and prescribe the duties of such employees.
6. The commissioner may appoint one or more advisory committees of
persons expert in the major categories of clinical laboratory procedures
to advise the commissioner in connection with the qualifications of

technical personnel employed and the use of appropriate procedures. Each
such advisory committee shall include at least one designee of the
commissioner of the department of health of the city of New York.
7. The department may adopt rules or regulations applicable only to or
in the city of New York which are designed to address special needs or
circumstances existing in such city. The department shall consider the
recommendations of the city of New York, or the department or board of
health of such city, concerning the adoption or amendment of any such
rules or regulations.
8. The department may enter into agreements with the secretary of
health and human services as authorized by the federal clinical
laboratory improvement act of nineteen hundred eighty-eight and title
XVIII of the social security act to perform such acts as may be
necessary to assure conformance with such laws by laboratories operating
in the state.