NY State Senate Bill 2017-S760

Senate Bill S760

2017-2018 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 03, 2018	referred to health
Jan 04, 2017	referred to health

co-Sponsors

2017-S760 (ACTIVE) - Details

See Assembly Version of this Bill:: A1414
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
2015-2016: S3500, A1175
2019-2020: A573
2021-2022: A667

2017-S760 (ACTIVE) - Summary

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

2017-S760 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S760

 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 pal 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 :

2015-16: S.3500 Referred to Health; A.1175 Referred to Health
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.

2017-S760 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    760
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00387-01-7

 S. 760                              2
 
 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.
   §  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 S760

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Sponsored By

Betty Little