Bill S6515A-2013

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

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

Details

Actions

  • Jun 5, 2014: PRINT NUMBER 6515A
  • Jun 5, 2014: AMEND AND RECOMMIT TO HEALTH
  • Jan 31, 2014: REFERRED TO HEALTH

Memo

BILL NUMBER:S6515A

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: New Bill

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6515--A IN SENATE January 31, 2014 ___________
Introduced by Sens. LITTLE, HASSELL-THOMPSON, LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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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