New York Consolidated Laws

N.Y. Social Services Law § 367 (2026)

Authorization for hospital care

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 367.  Authorization for hospital care.  1.  Except as permitted by
the regulations of the department, so far as practicable, no patient
shall be admitted to a hospital as a public charge under this title or
this chapter without the prior authorization of the social services
official responsible for authorizing such care.  If a patient is
admitted without prior authorization of the appropriate social services
official and the hospital has reason to believe that the patient will be
unable to pay for his care, and is or may be eligible for care under
this title or this chapter, it may send a notice containing a report of
the facts of the case to such social services official who shall
promptly advise the patient or his representative of his right to apply
for medical assistance and, if eligible, to have the cost of his care
paid for under this chapter.  If the identity of the social services
official responsible for authorizing such care is not known by the
hospital, such notice shall be sent to the commissioner of the social
services district in which the hospital is located who shall make an
investigation to determine which social services district may be
responsible for authorizing such care and appropriately notify such
district, which shall advise such patient or his representative of his
right to apply, and if eligible to have the cost of his care paid for
under this chapter.  The cost of care of an eligible patient shall be a
charge against a social services district only when authorized by the
commissioner of social services of such district, which authorization
shall not be withheld from any patient eligible for such care pursuant
to this title and the regulations of the department.
  2.  Notwithstanding any inconsistent provision of law, the social
services official responsible for authorizing hospital or health related
services shall withhold payment for such services upon the certification
of the commissioner of health that payment for such care is unauthorized
under the medical assistance program.

Notes of Decisions

Cited in 6 cases, 1987–2017 · leading case: Green v. City of New York, 438 F. Supp. 2d 111 (E.D.N.Y 2006).

Sort: Relevance Newest Treatment

Green v. City of New York, 438 F. Supp. 2d 111 (E.D.N.Y 2006). · cites it 6× “, (4) the New York State Constitution, (4) N.Y. Social Services Law § 367 -a(2)(b), and (5) common law negligence.”

Fero v. Excellus Health Plain, Inc., 236 F. Supp. 3d 735 (W.D.N.Y. 2017). “2006) (“[Tjhere is no private right of action under N.Y. Social Services Law § 367 -a(2)(b).”); Abdale, 49 Misc.”

Greenstein, Ex Rel. Horowitz v. Bane, 833 F. Supp. 1054 (S.D.N.Y. 1993). · cites it 2× “N.Y. Social Services Law § 367 — a(6); see also, Sweeney v.”

Reynolds v. Giuliani, 35 F. Supp. 2d 331 (S.D.N.Y. 1999). “1993), the court approved the “likelihood of success” standard where plaintiffs attempted to enjoin the New York State Department of Social Services from implementing a 1992 amend *339 ment to N.Y. Social Services Law § 367 -a(6). See also Union Carbide Agric.”

Catanzano ex rel. Catanzano v. Wing, 103 F.3d 223 (2d Cir. 1996). · cites it 3× “N.Y. Social Services Law § 367 -j; N.Y.Comp.”

Goldman v. Ambro, 134 Misc. 2d 655 (1987). “v Cintron, 52 AD2d 404, 407 ; Shaw v Tait, 106 Misc 2d 292, 294 ; Social Services Law § 367). The court cannot conclude, however, that the Legislature intended to permit a patient or his representative *657 to seek the services of a medical specialist; impliedly agree to pay the…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.