New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 2 - Hospitals
Part 407 - Primary Care Hospitals-minimum Standards
Section 407.1 - Definitions

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Primary care hospital (PCH) shall mean a general hospital serving rural area which:

(1) complies with the provisions of this Part and the provisions of Part 405 of this Title to the extent required by this Part;

(2) provides all services required by section 407.3 of this Part in a manner that safely and effectively meets patient needs;

(3) may provide one or more additional optional services authorized by section 407.14 of this Part in accordance with patient needs, the hospital's ability to meet these needs safely and effectively and the commissioner's approval to provide such services;

(4) may participate in a rural health network as defined in subdivision (c) of this section;

(5) has a formal affiliation with a general hospital that complies with all provisions of Part 405 of this Title; and

(6) is located in a rural area, defined as any county with less than 200,000 persons or any town which has a population of less than 200 persons per square mile, or if approved by the commissioner, any town which has a population of less than 250 persons per square mile.

(b) Critical access hospital (CAH) shall mean a PCH serving a rural area which:

(1) is designated by the Federal government as a CAH pursuant to the requirements of 42 CFR section 485.606; and

(2) complies with provisions of this Part that relate to PCHs as well as those applying only to be CAHs.

(c) Rural health network shall mean an affiliation of health care providers serving a rural area, pursuant to a contract, joint or cooperative agreement, or organized pursuant to the not-for-profit corporation law and approved pursuant to subdivision 14 of section 2801-a of the Public Health Law, which provides or arranges for the provision of health care services pursuant to a network plan to residents of a rural area or the provision of administrative or management services among such health care providers.

(d) Network plan shall mean a written plan prepared by a rural health network or rural providers planning to form a rural health network, with the involvement of consumers, describing the steps to be taken by such network and its participating providers to respond to the health care needs of the rural area, improve access to and the quality of care for residents of the community, promote the coordination of resources among providers and reduce duplication of services while achieving cost and other operational efficiencies.

(e) Medical control shall have the meaning set forth in subdivision 15 of section 3001 of the Public Health Law and includes advice and direction provided by or under the direction of a physician to certified first responders, emergency medical technicians or advanced emergency medical technicians who are providing medical care at the scene of an emergency or in route to a health care facility. For the purposes of this Part, medical control shall also involve the implementation of network emergency medical service plans developed in conjunction with the Regional Emergency Medical Advisory Committee(s) (REMACs) responsible for the hospital's service area.

(f) Professional shall mean a person practicing medicine as defined in article 131 of title 8 of the State Education Law, and may also mean other licensed and currently registered health care practitioners appointed by the governing body, in accordance with State law. The governing body shall determine which categories of health care practitioners are eligible candidates for appointment to the medical staff. The eligible categories may include qualified staff such as registered physician's assistants, registered specialists' assistants, registered professional nurses - nurse practitioners or clinical nurse specialists.

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