N.Y. Pub. Health Law § 2801

§ 2801. Definitions. The following words or phrases, as used in this\narticle, shall have the following meanings, unless the context otherwise\nrequires:\n 1. "Hospital" means a facility or institution engaged principally in\nproviding services by or under the supervision of a physician or, in the\ncase of a dental clinic or dental dispensary, of a dentist, or, in the\ncase of a midwifery birth center, of a midwife, for the prevention,\ndiagnosis or treatment of human disease, pain, injury, deformity or\nphysical condition, including, but not limited to, a general hospital,\npublic health center, diagnostic center, treatment center, dental\nclinic, dental dispensary, rehabilitation center other than a facility\nused solely for vocational rehabilitation, nursing home, tuberculosis\nhospital, chronic disease hospital, maternity hospital, midwifery birth\ncenter, lying-in-asylum, out-patient department, out-patient lodge,\ndispensary and a laboratory or central service facility serving one or\nmore such institutions, but the term hospital shall not include an\ninstitution, sanitarium or other facility engaged principally in\nproviding services for the prevention, diagnosis or treatment of mental\ndisability and which is subject to the powers of visitation,\nexamination, inspection and investigation of the department of mental\nhygiene except for those distinct parts of such a facility which provide\nhospital service. The provisions of this article shall not apply to a\nfacility or institution engaged principally in providing services by or\nunder the supervision of the bona fide members and adherents of a\nrecognized religious organization whose teachings include reliance on\nspiritual means through prayer alone for healing in the practice of the\nreligion of such organization and where services are provided in\naccordance with those teachings.\n 2. "Nursing home" means a facility providing therein nursing care to\nsick, invalid, infirm, disabled or convalescent persons in addition to\nlodging and board or health-related service, or any combination of the\nforegoing, and in addition thereto, providing nursing care and\nhealth-related service, or either of them, to persons who are not\noccupants of the facility.\n 3. "Residential health care facility" means a nursing home or a\nfacility providing health-related service.\n 4. (a) "Hospital service" means the preadmission, out-patient,\nin-patient and post discharge care provided in or by a hospital, and\nsuch other items or services as are necessary for such care, which are\nprovided by or under the supervision of a physician for the purpose of\nprevention, diagnosis or treatment of human disease, pain, injury,\ndisability, deformity or physical condition, including, but not limited\nto, nursing service, home-care nursing and other paramedical service,\nambulance service, service provided by an intern or resident in\ntraining, laboratory service, medical social service, drugs,\nbiologicals, supplies, appliances, equipment, bed and board.\n (b) "Health-related service" means service in a facility or facilities\nwhich provide or offer lodging, board and physical care including, but\nnot limited to, the recording of health information, dietary supervision\nand supervised hygienic services incident to such service.\n 5. "Construction" means the erection, building, or substantial\nacquisition, alteration, reconstruction, improvement, extension or\nmodification of a hospital, including its equipment; the inspection and\nsupervision thereof; and the studies, surveys, designs, plans, working\ndrawings, specifications, procedures and other actions necessary\nthereto.\n 6. "Council" and "public health council" mean the public health and\nhealth planning council.\n 7. "Government agency" means a department, board, bureau, division,\noffice, agency, public benefit or other corporation, or any other unit,\nhowever described, of the state or a political subdivision thereof.\n 8. "Caretaker" means a person appointed pursuant to the provisions of\nsection twenty-eight hundred six-b of this article, to act as a\nfiduciary responsible to the court which appoints him for the conserving\nand preserving of the rights and property of the operator of a\nresidential health care facility, while also preserving and providing\nfor the rights of the patients in such facility to care appropriate to\ntheir needs in a clean and wholesome environment in accordance with\napplicable federal and state laws and regulations.\n 9. "Out-patient lodge" means a facility affiliated with an institution\nproviding hospital service, which provides therein food and overnight\nlodging to the chronically ill undergoing out-patient treatment for\ncancer at such institution.\n 10. "General hospital" means a hospital engaged in providing medical\nor medical and surgical services primarily to in-patients by or under\nthe supervision of a physician on a twenty-four hour basis with\nprovisions for admission or treatment of persons in need of emergency\ncare and with an organized medical staff and nursing service, including\nfacilities providing services relating to particular diseases, injuries,\nconditions or deformities. The term general hospital shall not include a\nresidential health care facility, public health center, diagnostic\ncenter, treatment center, out-patient lodge, dispensary and laboratory\nor central service facility serving more than one institution.\n 11. "Midwifery birth center" means a hospital engaged principally in\nproviding prenatal and obstetric care, where such services are provided\nprincipally by midwives.\n