§ 2202. Tuberculosis; care and treatment. 1. (a) Notwithstanding any
inconsistent provision of this chapter or of any other general, special
or local law or city charter, when a person suffering from tuberculosis
or suspected of having tuberculosis is in need of care and treatment
therefor from a hospital, as defined in article twenty-eight of this
chapter, or a certified home health agency which provides such care and
treatment, the county or the city of New York, as the case may be, in
which such person resides or is found shall provide or secure such care
and treatment.

(b) The legislative body of each county and the corresponding
authority of the city of New York shall designate the commissioner of
health of any county or part-county health district or the city of New
York or, in a county lacking a county or part-county health district,
the county health director, or appropriate health officer, as the case
may be, to be responsible for providing or securing such care and
treatment.

(c) The cost to the hospital or other provider as established in
accordance with the provisions of section twenty-eight hundred seven of
this chapter relating to rates of payment of such care and treatment
shall be a charge against the county or the city of New York, as the
case may be, in which such person has local residence, except that third
party coverage or indemnification shall first be applied against the
total cost to the hospital or other provider as established in
accordance with the provisions of section twenty-eight hundred seven of
this chapter relating to rates of payment of the individual's care and
treatment as hereinafter provided.

(d) The care and treatment of state charges, as defined in this
article, shall be subject to the rules of the commissioner who may
designate any local public official to act for him in emergency cases
involving such state charges.

(e) Diagnoses, tests, studies or analyses for the discovery of
tuberculosis and care and treatment by a hospital, as defined in article
twenty-eight of this chapter, or by a certified home health agency which
are provided by the state or by any county or city shall be available
without cost or charge to the persons receiving such examinations, care
or treatment, except that the third party coverage or indemnification
shall first be applied against the total cost to the hospital or other
provider as established in accordance with the provisions of section
twenty-eight hundred seven of this chapter relating to rates of payment
of the individual's care and treatment as hereinafter provided.

2. Any person who volunteers to assume and pay for the cost of such
hospital care and treatment or for the cost of such diagnosis, test,
study or analysis shall be permitted to do so; but no state, county,
city or other public official shall request or require payment or make,
or cause to be made, any inquiry or investigation for the purpose of
determining the ability of a person or of his legally responsible
relatives to pay for diagnoses, tests, studies or analyses for the
discovery of tuberculosis or for care and treatment provided by a
hospital, as defined by article twenty-eight of this chapter, or by a
certified home health agency except to determine if there is third party
coverage or indemnification to pay or indemnify all or part of such cost
to the hospital or other provider as established in accordance with the
provisions of section twenty-eight hundred seven of this chapter
relating to rates of payment.

3. Determinations and orders concerning liability to pay for care and
treatment and the provision of care and treatment to persons suffering
from tuberculosis or suspected of having tuberculosis by the state or by
any county or city shall be in accordance with the rules and regulations
of the commissioner and expenses incurred therefor shall be eligible for
state aid reimbursement pursuant to the provisions of title two of
article six of this chapter after applying against the total cost to the
hospital or other provider as established in accordance with the
provisions of section twenty-eight hundred seven of this chapter
relating to rates of payment of the individual's treatment the amounts
received from or payable by medicare, workers' compensation, medical
assistance in accordance with the social services law, or other third
party payers and indemnitors and less any payments made or assignable
under any federal law or laws heretofore enacted, provided, however,
that expenses incurred for inpatient hospital care shall be eligible for
reimbursement for a period not to exceed six weeks for any individual
patient during any calendar year, unless approved as necessary by the
commissioner for a longer period of time.

4. If upon a review of a claim submitted for the purposes of state aid
reimbursement, the county, or the part county health district, or the
city of New York, or the state determine that the person was in fact
eligible for third party coverage or indemnification at the time care
and treatment was provided and the hospital or certified home health
agency failed to make a good faith effort to determine third party
coverage or indemnification, the hospital or the certified home health
agency shall not receive state aid reimbursement for that claim from the
county or the city of New York. The commissioner shall promulgate rules
and regulations requiring recoupment or repayment from the hospital or
the certified home health agency if the hospital or the certified home
health agency has already received state aid reimbursement from the
county or the city of New York.