§ 206-a. Discrimination in hospital staff appointments and privileges\nprohibited. 1. It shall be an unlawful discriminatory practice for the\ngoverning body of a hospital\n a. To deny to or to withhold from a physician, dentist or podiatrist\nstaff membership or professional privileges in a hospital because of his\nparticipation in any medical group practice, non-profit health insurance\nplan, or comprehensive health services plan offered by a health\nmaintenance organization authorized by the laws of the state; or\n b. To exclude or to expel a physician, dentist or podiatrist from\nstaff membership or to curtail, terminate or diminish in any way a\nphysician's, dentist's or podiatrist's professional privileges in a\nhospital because of his participation in any medical group practice,\nnon-profit health insurance plan, or comprehensive health services plan\noffered by a health maintenance organization authorized by the laws of\nthe state.\n 2. Any person claiming to be aggrieved by an unlawful discriminatory\npractice defined by this section may, by himself or his attorney, make,\nsign and file with the commissioner a verified complaint in writing\nwhich shall state the name and address of the hospital whose governing\nbody is alleged to have committed the unlawful discriminatory practice\ncomplained of and which shall set forth the particulars thereof and\ncontain such other information as may be required by the commissioner.\n 3. After the filing of any such complaint, the commissioner shall\ndesignate a deputy commissioner or other officer of the department to\nmake a prompt investigation in connection therewith; and if such\ndesignee shall determine after investigation that probable cause exists\nfor crediting the allegations of the complaint, he shall immediately\nendeavor to eliminate the unlawful discriminatory practice by\nconference, conciliation and persuasion.\n 4. In case of a failure so to eliminate such practice, or in advance\nthereof as in his judgment circumstances so warrant, the commissioner\nshall cause to be issued a written notice together with a copy of the\ncomplaint, as the same may have been amended, requiring each member of\nthe governing body of the hospital in question (or such member or\nmembers thereof as in his judgment are warranted), hereinafter sometimes\nreferred to as respondent, to answer charges of such complaint at a\nhearing before him (or before a deputy commissioner or other officer of\nthe department other than the designee who investigated the complaint),\nhereinafter referred to as hearing officer, at a time and place to be\nspecified in such notice.\n 5. The respondent may file a written verified answer to the complaint\nand appear at such hearing in person or otherwise with or without\ncounsel and submit testimony.\n 6. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non such respondent an order requiring such respondent to cease and\ndesist from such unlawful discriminatory practice.\n 7. If, upon all the evidence at the hearing, the hearing officer shall\nfind that a respondent has not engaged in any unlawful discriminatory\npractice defined in this section, the hearing officer shall state his\nfindings of fact and the commissioner shall issue and cause to be served\non the complainant an order dismissing the said complaint as to such\nrespondent.\n 8. The commissioner shall establish rules of practice to govern,\nexpedite and effectuate the foregoing procedure and the actions to be\ntaken thereunder.\n 9. Any complaint filed pursuant to this section must be so filed\nwithin ninety days after the alleged act of discrimination.\n 10. Any complainant, respondent or other person aggrieved by such\norder of the commissioner may obtain judici
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.