S7013-2011 Actions

• Jun 20, 2012: SUBSTITUTED BY A9943C
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1438
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 14, 2012: PRINT NUMBER 7013C
• Jun 14, 2012: AMEND (T) AND RECOMMIT TO HEALTH
• May 29, 2012: PRINT NUMBER 7013B
• May 29, 2012: AMEND (T) AND RECOMMIT TO HEALTH
• May 23, 2012: PRINT NUMBER 7013A
• May 23, 2012: AMEND (T) AND RECOMMIT TO HEALTH
• Apr 20, 2012: REFERRED TO HEALTH

S7013-2011 Votes

S7013-2011 Memo

BILL NUMBER:S7013

TITLE OF BILL:
An act
to amend the public health law, in relation to eliminating the
requirement to prove public need for the establishment and operation of
advanced life support services or municipal ambulance services by a
municipality or fire district

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
services or municipal ambulance service shall be deemed to have
permanently fulfilled all the requirements for a determination of
public need.

SUMMARY OF PROVISIONS:
Section 1- Amends subdivision 7 of section 3008 of the public health
law by extending the current two year presumption of need given to a
municipality's or fire district application for a certificate of need
if the appropriate conditions are met.

Section 2- Contains the effective date.

EXISTING LAW:
Currently, under section 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 currently find themselves at a distinct disadvantage
when applying for a certificate of need to continue the provision of
advanced life support first response services.
Since they are not applying to a regional council, which by statute is
made up of not less than two-thirds industry representatives, it is
difficult to prove that the current service is inadequate.

Given that many municipalities around the state have spent great time
and expense in training municipal employees in advanced life support
and have the appropriate equipment and staffing necessary to provide
the service, they should not be subject to the additional scrutiny of
the regional council.


For instance, last year the city of Utica's municipal ambulance
service resulted in $959,000 after all expenses were paid being
placed in the city's general fund. This revenue saved the city's
taxpayers a 5% tax increase. However, the city of Utica's application
for a permanent certificate was denied by its regional council and
its municipal ambulance is only operating pending the outcome of its
appeal currently in the New York State Appellate Division, 3rd
Department.

Moreover, the city of Glens Falls has operated its ambulance service
since 2009. In 2011 it applied to its regional council for permanent
operating authority. Its application was challenged by a private
ambulance service and is on administrative appeal. Through the
operation of its municipal ambulance service in 2011, $310,323 in
revenue was generated to decrease municipal taxes.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S7013-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7013
 I N  SENATE
 April 20, 2012
 
 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  eliminating  the
 requirement  to  prove public need for the establishment and operation
 of advanced life support services or municipal ambulance services by a
 municipality or fire district
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Subdivision 7 of section 3008 of the public health law, as
 added by chapter 510 of the laws of 1997, is amended to read as follows:

 7. [(a)] Notwithstanding any other provision of law and subject to the
 provisions of this article, any municipality within this state, or  fire
 district  acting  on behalf of any such 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 responder services or municipal ambulance
 services within the municipality, upon meeting or exceeding  all  stand
 ards set by the department for appropriate training, staffing and equip
 ment, and upon filing with the New York state emergency medical services
 council,  a  written  request  for such authorization. Upon such filing,
 such municipal advanced life support first responder service or  munici
 pal  ambulance  service  shall  be  deemed to have satisfied any and all
 requirements for determination of public need for the  establishment  of
 additional  emergency  medical  services pursuant to this article [for a
 period of two years following the date of such filing]. Nothing in  this
 article  shall  be deemed to exclude the municipal advanced life support
 first responder service or municipal ambulance service authorized to  be
 established  and  operated  pursuant to this article from complying with
 any other requirement or provision of this article or any other applica
 ble provision of law.
 [(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.]
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15463-01-2

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