391 - Admission of out of county patients.

§  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.