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.
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