§ 2582. Children with physical disabilities; duty of the department. 1. The department shall on its own initiative provide, within the limits of the appropriations made therefor, such medical service for children with physical disabilities as in the judgment of the commissioner is needed.

Terms Used In N.Y. Public Health Law 2582

  • Children with physical disabilities: means any persons under twenty-one years of age who are disabled by reason of a defect or disability, whether congenital or acquired by accident, injury, or disease, or who are suffering from long-term disease, including, but without limiting the generality of the foregoing, chronic granulomatous, cystic fibrosis, epidermolysis bullosa, muscular dystrophy, nephrosis, rheumatic fever and rheumatic heart disease, blood dyscrasies, cancer, lymphatic diseases, including, but not limited to: insufficiency of lymphatic circulatory function (to include all forms of lymphedema, both primary and secondary); lipedema; complex vascular diseases of the lymphatic vasculature, including lymphangiomatosis, lymphangioleio-myomatosis, lymphangiectasias, lymphangiomas, cystic hygromas, Gorham's disease, lymphangiosarcoma, and complex vascular/lymphatic malformations and syndromes, brain injured, and chronic asthma, or from any disease or condition likely to result in a disability in the absence of treatment, provided, however, no child shall be deprived of a service under the provisions of this chapter solely because of the degree of developmental disability. See N.Y. Public Health Law 2581
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Medical service: means such diagnostic, therapeutic, and rehabilitative care by medical and paramedical personnel, including hospital and related care, and drugs, prostheses, appliances, equipment and devices as necessary. See N.Y. Public Health Law 2581

2. The commissioner of health of any county or part-county health district or, in a county lacking a county or part-county health district, the medical director of the program for children with physical disabilities, or the department of health of the city of New York, may issue authorizations for medical service for children with physical disabilities, and the expenses thereof, when approved by such health commissioner, department of health or medical director and duly audited, shall be a charge upon the county, or upon the city of New York if such be the case, wherein the children are domiciled at the time application is made for such medical service.

3. Such health commissioner, department of health or county medical director may determine and order that the person or persons charged with the liability under the laws to support such child shall pay a part or all of such expenses. A parent or other person who is ordered to contribute to the cost of medical service authorized by this section may petition the family court , pursuant to section two hundred thirty-two of the family court act, for review of the order. Whenever a parent or other person who is ordered to contribute to the cost of medical service authorized by this section fails to make such contribution, the health commissioner, department of health or medical director may apply to the family court, pursuant to section two hundred thirty-two of the family court act, for an order compelling such contribution. The amount authorized to be paid for medical service shall be in full payment thereof and shall be accepted by the person or corporation furnishing such service in full payment thereof when any payment is made under such authorization by the county or by the city of New York, and no such person or corporation shall ask or receive directly or indirectly any other or additional compensation.

4. When the commissioner of health of any county or part-county health district, or, in a county lacking a county or part-county health district, the medical director of the program for children with physical disabilities, or the department of health of the city of New York, shall issue authorizations for medical service for children with physical disabilities, the commissioner, if he approves such authorizations, shall certify to such effect, copies of which certification shall be filed with the clerk of the board of supervisors or other governing elective body of the county or chief fiscal officer of the city of New York and with the commissioner.

5. The medical service provided for in any authorization issued pursuant to subdivision two may be furnished and completed even though the person for whom such service is to be provided under such authorization shall have thereafter attained the age of twenty-one years; provided, however, that no such authorization shall provide for treatment beyond eighteen months from the date thereof.

6. The circumstance that a child is not eligible for medical assistance pursuant to the provisions of title eleven of Article 5 of the social services law shall not be a bar to the furnishing and completion of the medical assistance for children with physical disabilities authorized by this title.

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