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Assembly Bill A2185

2015-2016 Legislative Session

Relates to applications for determinations of public need

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2015-A2185 (ACTIVE) - Details

See Senate Version of this Bill:
S3354
Law Section:
Public Health Law
Laws Affected:
Amd ยง3008, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
S1315

2015-A2185 (ACTIVE) - Summary

Relates to applications for determinations of public need.

2015-A2185 (ACTIVE) - Bill Text download pdf 

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

                                  2185

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  applications  for
  determination of public need

  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] MUNICIPALITY WITHIN THIS STATE,
or fire district acting on  behalf  of  any  such  [city]  MUNICIPALITY,
[that]  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 council] for a determination of
need, and the application shall be submitted  to  and  approved  by  the
commissioner  unless  the commissioner finds that the municipal advanced
life support first responder service or municipal ambulance service  has
failed  to  meet the appropriate training, staffing and equipment stand-
ards AND/OR THE COMMISSIONER DETERMINES THAT THE MUNICIPAL ADVANCED LIFE
SUPPORT FIRST RESPONDER  SERVICE  OR  MUNICIPAL  AMBULANCE  SERVICE  HAS
CAUSED A DETRIMENTAL IMPACT ON SERVICES IN THE SURROUNDING REGION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06552-01-5

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