NY State Senate Bill 2015-S3500

Senate Bill S3500

2015-2016 Legislative Session

Relates to the provision of municipal advanced life support first responder service or municipal ambulance service

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Feb 10, 2015	referred to health

co-Sponsors

2015-S3500 (ACTIVE) - Details

See Assembly Version of this Bill:: A1175
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3008, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6515, A9852
2017-2018: S760, A1414
2019-2020: A573
2021-2022: A667

2015-S3500 (ACTIVE) - Summary

Relates to the provision of municipal advanced life support first responder service or municipal ambulance service.

2015-S3500 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3500

TITLE OF BILL:  An act to amend the public health law, in relation to
the provision of municipal advanced life support first responder
service or municipal ambulance service

PURPOSE:  This bill provides that a municipality or a fire district
acting on behalf of a municipality, and acting through its local
legislative body, is hereby authorized and empowered to adopt and
amend local laws, ordinances, or resolutions to establish and operate
advanced life support first response services or municipal ambulance
services within the municipality or fire district when they meet or
exceed all standards set by the department for appropriate training,
staffing, and equipment and upon filing with the New York State
Emergency Medical Services Council, a written request for such
authorization. Upon filing, the municipal advanced life support first
responder service or municipal ambulance service shall be deemed to
have fulfilled all the requirements for a determination of public need
for two years. At the conclusion of the two-year period this bill
would require the Commissioner of Health to approve a subsequent
application for permanent operating authority unless the municipality
or fire district failed to meet the appropriate standards set by the
department and/or has caused an impact on services in the surrounding
region.

SUMMARY OF PROVISIONS:  Subdivision 7 (b) of Section 3008 of the

Public Health Law is amended by removing the requirement that a
municipality or fire district apply to their requisite regional
emergency medical services council for permanent operating authority
at the conclusion of their initial two-year period and instead
requires the Commissioner of Health to approve a subsequent
application for permanent operating authority unless the municipality
or fire district has failed to meet all standards set by the
department for appropriate training, staffing and equipment.

EXISTING LAW:  Currently, under § 3008 of the Public Health Law,
municipalities, or fire districts acting on behalf of a municipality
are granted a two-year presumption of need. Upon two years of
operation and the expiration of the presumption, an application must
be filed with a regional council for a determination of public need
prior to the continued operation of a municipal advanced life support
first response service or municipal ambulance service.

JUSTIFICATION:  Municipalities that provide advanced life support
first response services or municipal ambulance services have shown
that their services reduce costs, increase efficiency, and generate
revenue.

LEGISLATIVE HISTORY:  2013-14: S. 6515 Referred to Health; A. 9852
Referred to Health

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS:  Cost savings to local governments and
potential generation of revenue to offset first responder services. In
addition, localities currently operating advanced life support first


response services or municipal ambulance services have used such
service to offset large municipal tax increases under the new tax cap.

EFFECTIVE DATE:  This act shall take effect immediately and shall
apply to any municipality or fire district that has a temporary
determination of public need, any application made by a municipality
or fire district for a permanent operating certificate that is
currently in the administrative appellate process or on appeal before
any Court of competent jurisdiction.

2015-S3500 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3500

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 10, 2015
                               ___________

Introduced  by  Sens. LITTLE, HASSELL-THOMPSON, LIBOUS -- 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 the provision of
  municipal advanced life support first responder service  or  municipal
  ambulance service

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision  7  of  section  3008  of  the
public  health  law,  as  amended by chapter 464 of the laws of 2012, is
amended to read as follows:
  (b) [In the case of an application for certification pursuant to  this
subdivision,  for  a  municipal advanced life support or municipal ambu-
lance service, to serve the area  within  the  municipality,  where  the
proposed service meets or exceeds the appropriate training, staffing and
equipment  standards,  there  shall  be a strong presumption in favor of
approving the application.] Notwithstanding any other provision of  this
article,  any [city with a population of fourteen thousand seven hundred
or sixty-two thousand two hundred  thirty-five,  according  to  the  two
thousand ten federal decennial census, or fire district acting on behalf
of any such city, that] MUNICIPALITY WITHIN THIS STATE, OR FIRE DISTRICT
ACTING  ON  BEHALF OF ANY SUCH MUNICIPALITY, WHICH applies for permanent
certification pursuant to this [section] SUBDIVISION at  the  conclusion
of  the two year period [provided in] CONTAINED IN PARAGRAPH (A) OF this
subdivision, shall not be required to apply to  its  regional  emergency
medical  services council [or the state emergency medical services coun-
cil] for a determination of need, and the application shall be submitted
to and SUCH APPLICATION FOR A MUNICIPAL ADVANCED LIFE SUPPORT OR MUNICI-
PAL AMBULANCE SERVICE TO SERVE THE AREA WITHIN THE   MUNICIPALITY  SHALL
BE  approved by the commissioner unless the [commissioner finds that the
municipal advanced life support first  responder  service  or  municipal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02783-01-5

S. 3500                             2

ambulance  service  has]  PROVISION  OF SERVICES HAVE failed to meet the
appropriate  training,  staffing  and  equipment  standards  AND/OR  THE
COMMISSIONER  DETERMINES  THAT THE MUNICIPAL ADVANCED LIFE SUPPORT FIRST
RESPONDER SERVICE OR MUNICIPAL AMBULANCE SERVICE HAS CAUSED AN IMPACT ON
SERVICES IN THE SURROUNDING REGION.
  S  2.  This  act  shall take effect immediately and shall apply to any
municipality or fire district that  has  a  temporary  determination  of
public  need,  any  application  made by a municipality or fire district
that is currently in the administrative appellate process or  on  appeal
before any court of competent jurisdiction.

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Senate Bill S3500

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Sponsored By

Betty Little