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This entry was published on 2021-08-13
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SECTION 2200
Tuberculosis; definitions and explanation of terms
Public Health (PBH) CHAPTER 45, ARTICLE 22, TITLE 1
§ 2200. Tuberculosis; definitions and explanation of terms. 1. (a)
State residence. Under the conditions hereinafter specified, any person
who has resided in the state of New York continuously for at least one
year immediately preceding the date of admission to a hospital for the
care and treatment of tuberculosis shall be deemed to have state
residence.

(b) State residence so acquired shall continue until such person shall
have removed from the state and remained therefrom for one year;
provided, however, that no person shall lose state residence by absence
from the state while serving in the armed forces of the United States or
in the United States merchant marine, or while attached to and serving
with the armed forces of the United States and, provided, further, that
no member of the family of any such person shall lose state residence by
absence from the state while living with or near such person during the
period of such service and on account thereof.

2. Local residence. Under the conditions hereinafter specified, any
person with state residence as herein defined who has also resided
within a county of the state or in the city of New York continuously for
at least six months preceding the date of admission to a hospital for
the care and treatment of tuberculosis shall be deemed to have local
residence in such county or in the city of New York, as the case may be.

3. Qualification on residence. The continuous residence required to
acquire either state residence or local residence shall not include any
period during which the person was (a) a patient in a hospital, or (b)
an incarcerated individual of any public institution, incorporated
private institution, or private tuberculosis home, cottage or hospital,
or (c) residing on any military reservation. If, however, the periods of
residence immediately prior and subsequent to the periods specified in
(a), (b), or (c) shall together equal the required period of residence,
such person shall be deemed to have the required continuous residence.

4. State charge. State charge shall mean any person suffering from
tuberculosis or suspected of having tuberculosis and in need of
tuberculosis hospital care and treatment therefor who is:

(a) without state residence;

(b) with state residence but without local residence;

(c) an Indian or member of his family residing upon any Indian
reservation in the state.

5. Local charge. Local charge shall mean any person suffering from
tuberculosis or suspected of having tuberculosis and in need of
tuberculosis hospital care and treatment therefor who has acquired local
residence, as defined in this article.