§ 378. Certain cities; contracts and fees for health services. (a) In
cities having a population of less than one hundred and seventy-five
thousand and in those cities which have by special law established a
department of health, the commissioner of health or health officer, with
the consent and approval of the mayor and the board of estimate and
apportionment or other board having similar power in such cities and the
common council or similar legislative authority in cities having no such
boards, may enter into contracts

(1) with corporations duly licensed in the state of New York to
transact the business of accident and health insurance to provide to
sick and disabled persons insured by them such home care, including
nursing and other paramedical services (excluding physicians' services)
as may be needed by them;

(2) with hospital service corporations organized and operating in
accordance with article forty-three of the insurance law to provide to
their subscribers nursing service and such other paramedical services as
would have been available in a hospital (excluding physicians' services)
at rates which shall prior to payment be approved as to reasonableness
by the superintendent of financial services;

(3) with any municipal corporation or local, state or federal agency
to provide such home care, including nursing and other paramedical
services (excluding physicians' services) as may be needed by sick and
disabled persons;

(4) with medical expense indemnity corporations organized and
operating in accordance with article forty-three of the insurance law to
provide their subscribers with such home care, including nursing and
other paramedical services, as may be needed by them at rates which
shall prior to payment be approved as to reasonableness by the
superintendent of financial services; and

(5) with any non-profit corporation, agency or association established
for the purpose of improvement of health services, or for the purpose of
providing home care for sick and disabled persons, including nursing and
other paramedical services (excluding physicians' services) as may be
needed by such persons.

(6) with any dentist, physician or group of physicians, without public
bidding, for the rental or use of a portion of a clinic or public health
center and its equipment and furnishings provided, however, that any
such dentist, physician or group of physicians shall render such care
and treatment as shall be necessary or possible under the circumstances
to any person found eligible for emergency treatment including those
found in an unconscious, seriously ill or wounded condition and to any
person eligible for medical assistance pursuant to section three hundred
sixty-six of the social services law.

(b) Such commissioner of health or health officer shall establish the
fees to be charged for such services to be rendered pursuant to such
contracts, collect such fees and pay the same over to the fiscal officer
of the city in the manner provided by law. No contract made in
accordance with the provisions of subdivision (a) of this section shall
require payment for such services to an insured or subscriber at a rate
in excess of the charge for the same service, if any, provided to a
person afflicted with a similar disease or condition who is neither
insured nor a subscriber.

(c) The commissioner of health or health officer with the consent and
approval of the mayor and the board of estimates and apportionment or
other board having similar power in such cities and the common council
or similar legislative authority in cities having no such boards may
establish and collect fees from a patient or a person or private or
public agency responsible for his care for services rendered to patients
in the institutions, public health centers and clinics operated by the
city and for nursing and other paramedical services (excluding
physicians' services) rendered to people sick at home. Fees so collected
shall be paid to the fiscal officer of the city in the manner provided
by law.

(d) The commissioner of health or health officer may in his
discretion, in proper cases, where substantial justice will best be
served thereby, waive the collection of all, or any portion of, such
fees or compromise any portion of such fees. Such waiver or compromise
shall be made only upon prior approval of the mayor and the board of
estimate and apportionment or other board having similar power in such
cities and the common council or similar legislative authority in cities
having no such boards, when it is deemed to be in the best interests of
the city.