Part 88 - Helen Hayes Hospital, New York State Veterans' Home and Roswell Park Memorial Institute

Effective Date: 
Friday, January 1, 1999
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 206(14), 2601, 2602 and art. 26-A

SubPart 88-1 - Helen Hayes Hospital

Effective Date: 
Monday, April 10, 1978
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ADMISSION OF PATIENTS

Section 88-1.1 - Eligibility for admission

ADMISSION OF PATIENTS

Section 88-1.1 Eligibility for admission.

The purpose of the hospital is to provide integrate and coordinated medical, social, psychological, vocational, and educational services for the comprehensive rehabilitation of persons who are or are likely to become handicapped or disabled. A person of any age is eligible for admission for inpatient or outpatient evaluation or care, provided that he appears to have reasonable potential for benefiting from the services of the hospital. Such determination shall be made by the director of the hospital. Patients whose sole or principal need is for domiciliary or custodial care shall not be eligible for admission. A person who does not reside in the State of New York or who was not present in the State when his handicap or disability originated may be admitted to the hospital provided that such admission is to a special demonstration or investigative unit funded in part for such purposes by the Federal government, another State or any other public or private agency not receiving New York financial assistance or is for investigation as part of a special research protocol as determined by the director.
 

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Section 88-1.2 - Priority of admissions

88-1.2 Priority of admission.

Preference in admission shall be given to those cases most in need of the type of service the institution can provide; otherwise, so far as practicable, patients shall be admitted within priority categories established by each disability center chief. Admissions of nonresidents shall be made so as not to deny or significantly postpone the admission or care at the hospital of residents of New York.
 

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Section 88-1.3 - Emergencies

88-1.3 Emergencies.

The director shall have the authority to waive any of the prescribed requirements for admission when in his judgment an emergency exists requiring immediate admission of a patient.
 

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Section 88-1.4 - Vacancies

88-1.4 Vacancies.

The director shall have authority to maintain such a number of vacancies as in his judgment will make adequate provision for immediate admission of possible emergency cases.
 

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Section 88-1.5 - Procedure for filing application

88-1.5 Procedure for filing application.

Prospective patients should be referred by a physician, hospital, clinic, or appropriate public agency, and pertinent professional information should be submitted for the guidance of the hospital staff in determining suitability for admission and subsequently in the evaluation and treatment of the patient. No specific form is required for this purpose. Referrals should be addressed to the director of the hospital, who will notify the referring source of action taken.
 

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Section 88-1.6 - Reports

88-1.6 Reports.

(a) The director shall submit to the State Commissioner of Health such narrative and statistical reports at such intervals as may from time to time be prescribed by the commissioner.

(b) The director shall send to district and local health departments, referring physicians and agencies, agencies and insurance companies providing financial sponsorship, and such other individuals and public, private, or voluntary agencies and organizations such professional reports as are in keeping with professional practices and ethics, legal requirements and limitations, and the needs of the individual patient.
 

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FISCAL RESPONSIBILITIES

Section 88-1.10 - Guarantee of expense

FISCAL RESPONSIBILITIES

88-1.10 Guarantee of expense.

Adequate guarantee of payment of the charges for hospitalization shall be required in each instance. This may consist of a statement of personal financial responsibility to be signed by the patient or a member of his family; or payment of charges incurred at the end of each treatment day in the care of outpatients; or financial coverage in appropriate form from another public agency, a recognized private or voluntary agency, or an insurance company.
 

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Section 88-1.11 - Expenses prior to admission

88-1.11 Expenses prior to admission.

Except when specifically authorized by the State Commissioner of Health or his authorized representative, expenses incurred prior to admission for the purpose of complying with requirements for admission, other than authorized expenses incurred by State employees in the line of duty, shall not be a charge upon the State.
 

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Section 88-1.12 - Charge for maintenance and treatment

88-1.12 Charge for maintenance and treatment.

The director shall, from time to time, determine what shall be the hourly, daily or weekly rate per patient for maintenance and treatment and, when such rate has been approved by the State Commissioner of Health, it shall be the basis of all charges for treatment, care and maintenance. In place of or in addition to the foregoing rates, the director may create special charge rates for persons admitted as part of a specific written research protocol.
 

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Section 88-1.13 - Payment of maintenance charges

88-1.13 Payment of maintenance charges.

The director shall render bills at suitable intervals and a final bill as soon as practicable on discharge of the patient, to the person or agency in each instance who guaranteed payment, or, if payment is to be made from public funds, to the proper fiscal officer of the agency or the county or municipality indicated.

DISCHARGE OF PATIENTS

88-1.20 Discharges. Patients shall be discharged when they shall have achieved maximum benefits from the services of the hospital, short of domiciliary or custodial care, as determined by the director. Patients desiring to leave before achieving maximum benefits shall sign or have signed by their legal guardians a statement releasing the hospital, the New York State Department of Health, and the State of New York from any liability which might result from such discharge. Patients may be discharged for noncompliance with hospital rules, misbehavior, or noncooperation, as determined by the director.
 

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DISCHARGE OF PATIENTS

Section 88-1.20 - Discharges

88-1.20 Discharges.

Patients shall be discharged when they shall have achieved maximum benefits from the services of the hospital, short of domiciliary or custodial care, as determined by the director. Patients desiring to leave before achieving maximum benefits shall sign of have signed by their legal guardians a statement releasing the hospital, the New York State Department of Health, and the State of New York from any liability which might result from such discharge. Patients may be discharged for noncompliance with hospital rules, misbehavior, or noncooperation, as determined by the director.
 

Effective Date: 
Monday, April 10, 1978
Doc Status: 
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Section 88-1.21 - Supervision after discharge

88-1.21 Supervision after discharge.

The final report on each patient shall make recommendations for further services and supervision which may be required after discharge. Within practical and ethical limitations, the district and local health departments and the hospital will jointly or separately provide such services when necessary, reporting to each other at intervals the progress and condition of the patient.
 

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SubPart 88-2 - New York State Veterans' Homes

Effective Date: 
Wednesday, September 22, 2004
Doc Status: 
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Statutory Authority: 
Public Health Law, art. 26-A

Section 88-2.1 - Applicability

Section 88-2.1 Applicability.

The State homes for veterans and their dependents shall be subject to the rules of this Subpart.

Effective Date: 
Wednesday, September 22, 2004
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Section 88-2.2 - Application for admission

88-2.2 Application for admission.

(a) Applications for admission to New York State veterans homes shall be made on forms provided by the department, and such applications shall be presented to the board of visitors and accepted, rejected or otherwise acted upon by them according to this Subpart and the provisions of the Public Health Law.

(b) Each applicant for admission shall furnish a certification of all property of which he or she is possessed and of all sources of income. Following admission, each resident shall be required to furnish further certification as to such facts annually.

(c) Each application for admission shall be accompanied by a report of a recent medical examination and by the certification of a physician designated or approved by the department that the applicant requires either skilled nursing care or health-related care. The medical report shall be reviewed by the medical staff to determine, on the basis of such report, whether the applicant's physical condition appears to be such that he or she requires care in the skilled nursing facility or the health-related facility, as the case may be.

(d) Preference in admissions to those otherwise qualified shall be given to those in the greatest need for the services available at the facility within the preferences established by article 26-A of the Public Health Law; otherwise, so far as practicable, applicants shall be admitted in the order determined by the date of the application.

(e) Residents may be discharged from the facility when the resident's need for care has ended and the Director of the Home can find a setting for the resident where his or her health care and other needs can be met. A resident admitted prior to October 1, 1989 may remain even though his or her condition improves and he or she no longer requires skilled nursing or health-related facility care.

Effective Date: 
Wednesday, September 22, 2004
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Section 88-2.3 - Emergencies

88-2.3 Emergencies.

Any of the prescribed requirements for admission may be waived on behalf of an applicant ostensibly qualified for admission in an emergency requiring the immediate admission of the applicant.
 

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Section 88-2.4 - Claims for cost of care and maintenance

88-2.4 Claims for cost of care and maintenance.

(a) Each resident shall be expected to pay each month from his or her assets, resources or income such amounts on account of the care and maintenance provided by the facility as the State Department of Health shall find to be reasonable. Payments may be paid directly by the resident, or by an agent of the resident, to the home or, if the resident chooses and so authorizes, his entire assets and income may be placed in a joint account with the treasurer of the home for withdrawal by him of the established maintenance charge from the account each month.

(b) Each applicant shall agree, when his or her available resources are insufficient to pay the entire cost of care or maintenance on a current basis, to apply for medical assistance under the New York State Medicaid Program through the New York State Veterans' Home.

(c) Each applicant shall make arrangements satisfactory to the State Department of Health for funeral expenses.
 

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Section 88-2.5 - Reports

88-2.5 Reports.

The director shall submit to the commissioner such narrative and statistical reports at such intervals as may be prescribed by the commissioner.
 

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Section 88-2.6 - Limitations of care and discharges

88-2.6 Limitations of care and discharges.

(a) The care of any individual shall be limited to the services available at the facility, except as otherwise permitted by section 88-2.2 of this Subpart.

(b) If any veteran requires care for an acute illness and is entitled to care in a veterans' hospital, he or she may utilize the resources of such a veterans' hospital, where feasible and practical, provided such care is available and he or she can be admitted.

(c) Individuals may be discharged to responsible relatives or to any facilities of the Federal government, the State or its subdivisions, when the facility is inadequate to provide the proper care required by a mental or physical condition of the individual.

(d) Individuals may be discharged when they shall have achieved maximum benefits from the services of the facility as determined by the director. Individuals desiring to leave before achieving maximum benefits shall sign a statement releasing the facility, the New York State Department of Health and the State of New York from any liability which might result from such discharge. Patients may be discharged for noncompliance with facility rules, misbehavior or noncooperation, as determined by the director.
 

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SubPart 88-3 - Roswell Park Memorial Institute

Effective Date: 
Friday, November 5, 1982
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 201(1)(k), 241(2)

ADMISSION OF PATIENTS

Section 88-3.1 - Eligibility for admission

ADMISSION OF PATIENTS

Section 88-3.1 Eligibility for admission.

Patients may be admitted to either in-patient or out-patient services irrespective of residence or ability to pay. All admissions should be by referral of the attending physician and shall be consistent with the research interests of the institute; i.e., investigations of the cause, mortality, treatment, prevention and cure of cancer and allied diseases. In the event that limitations on the patient care resources of the institute require restrictions on the admission of patients, preference shall be given to residents of New York State.
 

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Section 88-3.2 - Emergencies

88-3.2 Emergencies.

The director shall have the authority to waive any of the prescribed requirements for admission when in his judgment an emergency exists requiring immediate admission of a patient.
 

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Section 88-3.3 - Vacancies

88-3.3 Vacancies.

The director shall have authority to maintain such a number of vacancies as in his judgment will make adequate provisions for immediate admission of possible emergency cases.
 

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Section 88-3.4 - Procedure for filing application

88-3.4 Procedure for filing application.

Pertinent professional information about prospective patients should be provided by a physician, hospital, clinic, or appropriate public agency. This information should be submitted for the guidance of the hospital staff in determining suitability for admission and subsequently in the evaluation and treatment of the patient. No specific form is required for this purpose. Referrals should be addressed to the director of the hospital, who will notify the referring source, of action taken.
 

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Section 88-3.5 - Reports

88-3.5 Reports.

(a) The director shall submit to the Commissioner of Health such narrative and statistical reports at such intervals as may from time to time be prescribed by the commissioner.

(b) The director shall send to district and local health departments, referring physicians and agencies, and insurance companies providing financial sponsorship, and such other individuals and public, private, or voluntary agencies and organizations such professional reports as are in keeping with professional practices and ethics, legal requirements and limitations, and the need of the individual patient.
 

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Complete

FISCAL RESPONSIBILITIES

Section 88-3.10 - Guarantee of expense

FISCAL RESPONSIBILITIES

88-3.10 Guarantee of expense.

Adequate guarantee of payment of the charges for hospitalization is required in each instance. This may consist of a statement of personal financial responsibility to be signed by the patient or a member of his family; or payment of charges incurred at the end of each treatment day in the case of out-patients; or financial coverage in appropriate form from another public agency, a recognized private or voluntary agency, or an insurance company.
 

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Section 88-3.11 - Expenses prior to admission

88-3.11 Expenses prior to admission.

Except when specifically authorized by the Commissioner of Health or his authorized representative, expenses incurred prior to admission for the purpose of complying with requirements for admission, other than authorized expenses incurred by State employees in the line of duty, shall not be a charge upon the State.
 

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Section 88-3.12 - Charge for treatment

88-3.12 Charge for treatment.

The director shall, from time to time, determine the actual and necessary costs of treatment and shall file such reports relating thereto as may be required by the Commissioner of Health or any provisions of law. It is the policy of the institute to require full payment of the cost of care as determined by the director or as provided by agreements with third-party payors providing coverage to patients undergoing either in-patient or out-patient services. The director shall have the authority to waive part or all of the such charges, according to policies in effect at that time which were promulgated by the director and approved by the Commissioner of Health in the event that:

(a) The patient is determined to be unable to pay charges at the established rates by reason of insufficient resources. A schedule for determining ability to pay shall be maintained at the institute and shall be subject to public inspection. Such schedule shall be revised from time to time with the approval of the Commissioner of Health.

(b) The patient is admitted to treatment either as in-patient or out-patient under a research protocol duly approved by the director. Each patient so admitted to treatment will sign (or have signed on his behalf by a legally constituted authority) a statement of consent indicating that such patient or his or her authorized representative has been informed of the research protocol applicable and the extent to which the proposed therapeutic regimen is considered to be experimental and accepts the risks thereof.
 

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Section 88-3.13 - Payment of maintenance charges

88-3.13 Payment of maintenance charges.

The director shall render bills at suitable intervals and a final bill as soon as practicable on discharge of the patient, to the person or agency in each instance who guaranteed payment, or, if payment is to be made from public funds, to the proper fiscal officer of the agency or the county or municipality indicated.
 

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DISCHARGE OF PATIENTS

Section 88-3.20 - Discharges

DISCHARGE OF PATIENTS

88-3.20 Discharges.

Patients shall be discharged when they shall have achieved maximum benefits from the services of the hospital, as determined by the director. Patients desiring to leave before achieving maximum benefits shall sign or have signed by their legal representative a statement releasing the hospital, the New York State Department of Health, and the State of New York from any liability which might result from such discharge. Patients may be discharged for noncompliance with hospital rules, misbehavior, or noncooperation, as determined by the director. The final report on each patient shall make recommendations for further services and supervision which may be required after discharge.
 

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SubPart 88-4 - RESERVED

SubPart 88-5 - Purchasing and Contracting

Effective Date: 
Friday, March 21, 1997
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 409-c

Section 88-5.1 - Purpose

Section 88-5.1 Purpose.

Section 409-c(4)(b) of the Public Health Law permits the health care facilities within the Department of Health greater flexibility in purchasing and contracting.

Effective Date: 
Friday, November 30, 2001
Doc Status: 
Complete

Section 88-5.2 - Requirements

88.5.2 Requirements.

(a) For contracts for the purchase of services and commodities that exceed the discretionary buying thresholds and require a formal competitive process under the State Finance Law, and, under Public Health Law section 409-c(4)(b), do not require approval by the State Comptroller:

(1) The facility shall follow a formal competitive process, maintain a procurement record,
publish notices in the State's procurement opportunities newsletter and meet the requirements for the letting of contracts, in accordance with the State Finance Law, Economic Development Law and the State Procurement Council Procurement Guidelines.

(2) Every bid solicitation, including invitations for bid and requests for proposals, shall:

(i) prescribe the minimum specifications or requirements that must be met in order to be considered responsive, including the legal requirements in Appendix A of the State Procurement Council Procurement Guidelines;

(ii) describe other specifications or requirements that constitute the technical criteria for the procurement, including, as applicable, the general specifications in Appendix B of the State Procurement Council Procurement Guidelines;

(iii) describe and disclose the general manner in which the evaluation and selection shall be conducted;

(iv) provide that the facility may require clarification from offerers for purposes of assuring a full understanding of responsiveness to the solicitation requirements;

(v) provide that revisions may be permitted from all offerers determined to be susceptible of being selected for contract award, prior to award; and

(vi) provide that separable portions of offers may be rejected.

(3) For the purchase of services, every bid solicitation shall identify the relative importance and/or weight of cost and the overall technical criterion to be considered by the facility in its determination of best value.

(4) Further requirements regarding these procurements are as defined in the department's administrative policy and procedures manual.
(b) For single or sole source procurements for services or commodities or procurements made to meet emergencies arising from unforeseen causes, which, under the Public Health Law section 409-c(4)(b), do not require approval by the State Comptroller:

(1) The facility shall meet all applicable requirements for the letting of contracts and shall document in the procurement record the bases for a determination to purchase from a single source or sole source, or the nature of the emergency giving rise to the procurement.

(2) For single source procurements, the facility shall document in the procurement record the circumstances leading to the selection of the vendor, including the alternatives considered, the rationale for selecting the specific vendor and the basis upon which it determined the cost was reasonable.
(3) Further requirements regarding these procurements are as defined in the department's administrative policy and procedures manual.

Effective Date: 
Friday, November 30, 2001
Doc Status: 
Complete

SubChapter M - Practice of Radiologic Technology

SUBCHAPTER M - Practice of Radiologic Technology
Part
89 Practice of Radiologic Technology
 

Effective Date: 
Wednesday, February 25, 2009
Doc Status: 
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