§ 2500-d. New York state poison control network. 1. For the purposes
of reducing the incidence, severity and expenditures for accidental,
homicidal, suicidal or environmental poisoning; educating the public
concerning the prevention and treatment of hazardous exposures; and
organizing poison control activities on a regional basis in order to
avoid duplication and waste, the commissioner shall designate facilities
within the state as regional poison control centers.

2. The commissioner shall consider the following criteria in
designating regional poison control centers: compliance or expected
compliance with state poison control standards; location in relation to
the geographical distribution of persons to be served; the need for
expanded poison control services in the area to be served by the
provider; whether the facility is presently providing poison control
services; and the capacity of such providers to deliver and coordinate
poison prevention information and poison treatment to the general
public.

3. The commissioner shall establish minimum standards for designation
as a regional poison control center. Such standards shall include:

a. services to be provided which may include:

(i) dissemination of expert information and consultation services to
professional personnel on the diagnosis, treatment, and management of
any suspected or actual poisonings;

(ii) dissemination of information, emergency first aid, and referral
services to the general public;

(iii) coordination, assurance and monitoring of poison prevention and
medical management programs for the professional community and the
general public in the region it serves; and

(iv) collection of uniform data and research activity to enhance
poison control management;

b. staffing requirements including the number, qualifications and
training of personnel;

c. operational requirements including availability of and access to
services and informational resources, public and professional education,
and protocols;

d. comprehensive treatment capabilities and a categorized system of
treatment facilities for the region;

e. health professional outreach program; and

f. regional data collection system including a method of insuring the
confidentiality of such data as is otherwise required by law.

4. The department shall make an annual report to the legislature of
its findings and recommendations concerning the effectiveness, impact
and benefits derived from the programs as established pursuant to this
section. Such report shall be submitted on or before the first day of
February and shall contain evaluations of such programs.

5. The commissioner shall appoint a committee to advise the department
on matters pertaining to poison prevention and control. Membership on
such committee shall include directors of regional poison control
centers, consumers, industrial representatives, and representatives of
state and federal agencies involved in poison safety.

6. A general hospital which is designated as a regional poison control
center shall submit a budget indicating the costs of operating such
center. Costs determined by the commissioner to be necessary and
reasonable in order to comply with the requirements of this section
shall be reimbursable and shall be allocated to costs of general
hospital emergency services. Such reimbursable costs for a rate period
shall be considered in the calculation of rates of payment for emergency
services of a general hospital for such rate period in accordance with
subdivision two of section twenty-eight hundred seven of this chapter
without application of the maximum payment for the operating cost
component of rates of payment for emergency services. Notwithstanding
any inconsistent provision of law, reimbursable costs of a general
hospital of operating a regional poison control center determined
pursuant to this subdivision for annual rate periods beginning on or
after January first, nineteen hundred ninety-one through December
thirty-first, nineteen hundred ninety-six allocable to emergency
services provided to persons within such payor categories as specified
in paragraphs (a), (b) and (c) of subdivision one of section
twenty-eight hundred seven-c of this chapter for inpatient hospital
services, excluding governmental agencies, shall be included in the
determination of inpatient rates of payment for such payors, excluding
governmental agencies, and rates of payment determined in accordance
with section twenty-eight hundred seven-c of this chapter shall be
adjusted on a hospital-specific basis in accordance with rules and
regulations adopted by the state hospital review and planning council,
subject to the approval of the commissioner, to reflect such costs and
maximum inpatient charges of such general hospital computed in
accordance with such section shall be adjusted accordingly; and cost
based rates of payment for emergency services for such payors, other
than governmental agencies, shall be calculated excluding costs of
operating a regional poison control center.

7. Notwithstanding any inconsistent provision of law to the contrary,
the commissioner is authorized to make grants, within amounts available
therefor, to general hospitals designated as regional poison control
centers to assist such general hospitals to meet reasonable costs of
operation of the regional poison control center.