Bill Text: NY S03354 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to applications for determinations of public need.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HEALTH [S03354 Detail]
Download: New_York-2015-S03354-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3354
2015-2016 Regular Sessions
I N S E N A T E
February 5, 2015
___________
Introduced by Sen. LITTLE -- 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 applications for
determination of public need
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 7 of section 3008 of the
2 public health law, as amended by chapter 464 of the laws of 2012, is
3 amended to read as follows:
4 (b) [In the case of an application for certification pursuant to this
5 subdivision, for a municipal advanced life support or municipal ambu-
6 lance service, to serve the area within the municipality, where the
7 proposed service meets or exceeds the appropriate training, staffing and
8 equipment standards, there shall be a strong presumption in favor of
9 approving the application.] Notwithstanding any other provision of this
10 article, any [city with a population of fourteen thousand seven hundred
11 or sixty-two thousand two hundred thirty-five, according to the two
12 thousand ten federal decennial census] MUNICIPALITY WITHIN THIS STATE,
13 or fire district acting on behalf of any such [city] MUNICIPALITY,
14 [that] WHICH applies for permanent certification pursuant to this
15 [section] SUBDIVISION at the conclusion of the two year period [provided
16 in] CONTAINED IN PARAGRAPH (A) OF this subdivision, shall not be
17 required to apply to its regional emergency medical services council [or
18 the state emergency medical services council] for a determination of
19 need, and the application shall be submitted to and approved by the
20 commissioner unless the commissioner finds that the municipal advanced
21 life support first responder service or municipal ambulance service has
22 failed to meet the appropriate training, staffing and equipment stand-
23 ards AND/OR THE COMMISSIONER DETERMINES THAT THE MUNICIPAL ADVANCED LIFE
24 SUPPORT FIRST RESPONDER SERVICE OR MUNICIPAL AMBULANCE SERVICE HAS
25 CAUSED A DETRIMENTAL IMPACT ON SERVICES IN THE SURROUNDING REGION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06552-01-5
S. 3354 2
1 S 2. This act shall take effect immediately and shall apply to any
2 municipality or fire district that has a temporary determination of
3 public need and to any application made by a municipality or fire
4 district that is currently in the administrative appellate process or on
5 appeal before any court of competent jurisdiction.
