Bill Text: NY S01852 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the consolidated assistance program for EMS departments which creates a sustainable state financing mechanism for emergency medical services.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S01852 Detail]

Download: New_York-2023-S01852-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1852

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to  establishing  the
          consolidated  assistance  program  for EMS departments which creates a
          sustainable state financing mechanism for emergency medical services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  3018 to read as follows:
     3    § 3018. Consolidated assistance program for EMS departments. 1.    For
     4  the  purposes  of  this section, the term "funding level" shall mean the
     5  average amount of funding received over the previous two  years,  calcu-
     6  lated  for  each  emergency  medical service department or contract with
     7  other municipal departments, volunteer departments, including  volunteer
     8  ambulances which are based in volunteer fire departments, or non-profits
     9  for  the  provision of emergency medical services within their jurisdic-
    10  tion.
    11    2. Notwithstanding any other provisions of this chapter or  any  other
    12  law,  and  subject  to  an appropriation made therefor and in accordance
    13  with the provisions of this section and with the rules  and  regulations
    14  promulgated  by  the  commissioner  in connection therewith, the consol-
    15  idated assistance program for emergency medical service  departments  is
    16  hereby  established for the purpose of making payments to municipalities
    17  which operate emergency medical service departments,  or  contract  with
    18  other  municipal departments, volunteer departments, including volunteer
    19  ambulances which are based in volunteer fire departments, or non-profits
    20  for the provision of emergency medical services within  their  jurisdic-
    21  tion  and which do not contract, directly or indirectly, with for-profit
    22  entities for emergency medical services.  The commissioner shall promul-
    23  gate all necessary rules and regulations to carry  out  the  program  so
    24  that  an  equitable  distribution  of  aid shall be made to such munici-
    25  palities.
    26    3. On or before the twenty-fifth day of  April,  June,  September  and
    27  November,  there  shall  be  distributed  and  paid to municipalities an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-01-3
        S. 1852                             2

     1  amount equal to the moneys appropriated for the purposes of this section
     2  divided by the number of payment dates in that state fiscal  year.  Such
     3  amounts shall be distributed and paid pursuant to this section.
     4    4.  Amounts  shall  be distributed to municipalities under the consol-
     5  idated assistance program for EMS departments in relative  shares  based
     6  on  rules  and regulations promulgated by the commissioner, in consulta-
     7  tion with the New York state emergency medical services  council,  which
     8  shall consider for each municipality:
     9    (a)  its  population and population density, prioritizing less densely
    10  populated areas where financial strain for providing service  is  great-
    11  est;
    12    (b) emergency medical services call volume and call type;
    13    (c)  the percentage of its annual budget which goes to providing emer-
    14  gency medical services; and
    15    (d) any other factor the commissioner, in consultation  with  the  New
    16  York state emergency medical services council, deems relevant.
    17    5. On the first day of the third month following the end of its fiscal
    18  year, each municipality which has received five thousand dollars or more
    19  in total funds paid pursuant to this section during the preceding fiscal
    20  year  shall  certify  to  the  commissioner, pursuant to rules and regu-
    21  lations promulgated by the commissioner in relation  thereto,  that  the
    22  expenditure  by  such municipality in such fiscal year of nonstate funds
    23  raised by the municipality for the operation of or contracting for emer-
    24  gency medical services was not reduced below the level of the average of
    25  the previous two years.  Provided,  however,  that  in  calculating  the
    26  expenditures  and  revenues  of  the municipality to determine the local
    27  maintenance of effort for  the  fiscal  year  being  certified  and  the
    28  expenditure  level  of  the  average  of the previous two years, munici-
    29  palities shall not be required to include the  amount  of  revenues  and
    30  expenditures  for  operation  of  or  contracting  for emergency medical
    31  services necessitated by any unforeseen event for which the municipality
    32  was officially declared a disaster  area.  Where  a  reduction  in  such
    33  spending  or  non-use  has occurred, the distributions above the funding
    34  level to such municipality in the then-current state fiscal  year  shall
    35  be  reduced  by  an amount equivalent to the amount of such reduction or
    36  non-use, except that no reduction to the funding level  shall  be  taken
    37  for  an amount caused by any unforeseen event for which the municipality
    38  was officially declared a disaster area. Municipalities not required  to
    39  certify under this section may continue such non-certifying status, with
    40  the  approval  of the commissioner, if the apportionment to such munici-
    41  pality is increased to more than five thousand  dollars  but  less  than
    42  seven  thousand  dollars  in  any local fiscal year. For the purposes of
    43  this section, a municipality shall mean a county, city, town or  village
    44  or two or more such jurisdictions acting jointly.
    45    6.  For  any  city, town, or village which consolidates or merges with
    46  another municipality, the resulting successor government shall file with
    47  the office of the state comptroller a certificate of  any  such  consol-
    48  idation,  merger  and  any accompanying dissolution. If the amount which
    49  would otherwise be apportioned to the individual governments exceeds the
    50  amount which is payable to the successor  government  pursuant  to  this
    51  section, such successor government shall receive no less in consolidated
    52  assistance  program for EMS department apportionments than the predeces-
    53  sor governments would have received in the aggregate had the  merger  or
    54  consolidation not occurred.
    55    § 2. This act shall take effect immediately.