§ 391. Admission of out of county patients. 1. Exclusive of the city
of New York, and exclusive of counties served by state tuberculosis
hospitals, any person in a county not having a county hospital for the
care and treatment of persons suffering from tuberculosis may apply in
person to the clerk of the board of supervisors of such county or to the
state commissioner of health for admission to a tuberculosis hospital,
providing that such person submit with such application a statement
signed by a reputable physician that such physician has, within the ten
days preceding the date of such application, examined such person and
that, in his opinion, such person is suffering from tuberculosis or is
suspected of having tuberculosis and is in need of care and treatment
therefor. Upon receipt of such application, the clerk of the board of
supervisors or the state commissioner of health, as the case may be,
shall forward the same to the superintendent of any state, county or
city hospital for the care and treatment of tuberculosis.

2. Whenever the superintendent of such a hospital shall receive an
application for the admission of a patient in accordance with the
provisions of subdivision one of this section, if it appear from such
application that the person therein referred to is suffering from
tuberculosis or is suspected of having tuberculosis and is in need of
care and treatment therefor, the superintendent shall notify said person
to appear in person at the hospital, provided there be a vacancy in such
hospital and there be no pending application from a patient living in
the county in which the hospital is located. If, upon personal
examination of the patient, the superintendent is satisfied that such
patient is in need of care and treatment for tuberculosis, he shall
admit him to the hospital. Every patient so admitted shall be a charge
against the county in which he was living immediately prior to such
admission. 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
maintenance therein and any cost of transportation to or from the
hospital, except that 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 shall 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; and the bill therefor shall be audited and paid by the board
of supervisors of the said county. However, if such patient has local
residence, as defined in the public health law, in some county other
than the one in which he was living immediately prior to such admission
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 in this event any
amounts for the cost of such care and treatment which shall have been
paid by the county from which he was admitted shall be charged back and
reimbursed to such county by the aforesaid other county or the city of
New York in which the patient has local residence. Any patient admitted
to a hospital in accordance with the provisions of subdivision one of
this section may pay for his care and treatment in whole or in part if
he volunteers to do so.