§ 390. Admission of county patients. 1. Any person in the county in
which the hospital is situated desiring treatment in such hospital, may
apply in person to the superintendent or to any reputable physician for
examination, and such physician, if he finds that said person is
suffering from tuberculosis in any form, may apply to the superintendent
of the hospital for his admission. Blank forms for such applications
shall be provided by the hospital, and shall be forwarded by the
superintendent thereof gratuitously to any reputable physician in the
county, upon request. So far as practicable applications for admission
to the hospital shall be made upon such forms. The superintendent of the
hospital, upon the receipt of such application, if it appears therefrom
that the patient is suffering from tuberculosis, and if there be a
vacancy in the said hospital, shall notify the person named in such
application to appear in person at the hospital. If, upon examination of
such patient, or of any patient applying in person for admission, the
superintendent is satisfied that such person is suffering from
tuberculosis, he shall admit him to the hospital as a patient. All such
applications shall be filed and recorded in a book kept for that purpose
in the order of their receipt. When said hospital is completed and ready
for the treatment of patients, or whenever thereafter there are
vacancies therein, admissions to said hospital shall be made in the
order in which the names of applicants shall appear upon the application
book to be kept as above provided, in so far as such applicants are
certified to by the superintendent to be suffering from tuberculosis. No
discrimination shall be made in the accommodation, care or treatment of
any patient because of the fact that the patient or his relatives
contribute to the cost of his care and treatment in whole or in part,
and no patient shall be permitted to pay for his care and treatment in
such hospital a greater sum than the average per diem per capita cost of
care and treatment therein and no officer or employee of such hospital
shall accept from any clinic or hospital patient any fee, payment or
gratuity whatsoever for his services.

2. Whenever a patient admitted to said hospital has local residence,
as defined in the public health law, in the county in which the hospital
is situated, he shall be a charge upon such county. If such patient
admitted to said hospital has local residence in some other county or in
the city of New York, he shall be a charge upon such other county or the
city of New York, as the case may be, and the superintendent shall send
a bill for such charge to the clerk of the board of supervisors of such
other county or to the comptroller of the city of New York. Such charge
shall be at a rate to be fixed by the board of managers, which shall not
exceed the per diem per capita cost of care and treatment in said
hospital, and if the county operating said hospital is currently
receiving state aid for the care and treatment of tuberculosis patients
pursuant to the public health law, such charge may be an amount for each
day of such patient's care equivalent to the balance of the total per
diem per capita cost of operating such hospital during the preceding
fiscal year, as computed and approved by the state commissioner of
health pursuant to subdivision three of section fifty-four of the public
health law. Such bill shall be audited and paid by the board of
supervisors of said county, except that a bill so submitted to the city
of New York shall be paid by such city after audit and upon warrant of
the comptroller of such city. Any patient admitted to said hospital may
pay for his care and treatment in whole or in part if he volunteers to
do so.