§ 2583. Children with physical disabilities; rules and regulations; limitations. 1. Such service shall be provided in accordance with rules and regulations established by the commissioner. The commissioner's rules and regulations may relate to:

Terms Used In N.Y. Public Health Law 2583

  • 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
  • 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

(a) the defects, disabilities, diseases and conditions eligible under the program and the type and extent of care that may be offered.

(b) qualifications of professional personnel, both medical and paramedical.

(c) standards of institutional care, whether in general hospitals, special hospitals, long-term care facilities, or such other special facilities, whether inpatient or outpatient, as may be needed to obtain the services required.

(d) limitations on the amount of professional fees, and on rates in general hospitals, special hospitals, long-term care facilities and special facilities for which reimbursement may be made under this article.

(e) standards and procedures for administration of programs for children with physical disabilities.

2. Sections two thousand five hundred eighty to two thousand five hundred eighty-three, inclusive, and section six hundred sixty, of this chapter, shall not apply to:

(a) children requiring permanent custodial care.

(b) children institutionalized in mental, correctional or penal institutions of the state of New York.

(c) children who, in the judgment of the commissioner, may not be expected to benefit from medical service.

(d) children whose parents or guardians object to medical services because of exclusive dependence for healing on the practice of religious tenets of any church.