This bill has been amended

Bill S7013-2011

Eliminates requirement to prove public need for establishment and operation of advanced life support or municipal ambulance services by a municipality or fire district

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

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  • Apr 20, 2012: REFERRED TO HEALTH

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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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7013 IN 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.

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