Assembly Bill A1091A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1091--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. KELLES, SANTABARBARA, SIMON, THIELE, LUPARDO,
   SEAWRIGHT, CLARK, LEVENBERG, GUNTHER, BORES, DARLING, BENDETT,  DeSTE-
   FANO,  McDONOUGH,  MILLER,  MCGOWAN, WOERNER, GONZALEZ-ROJAS, SHIMSKY,
   BUTTENSCHON, EACHUS, OTIS, BLUMENCRANZ, J. M. GIGLIO,  MAHER  --  read
   once  and referred 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 establishing the
   consolidated assistance program for EMS departments  which  creates  a
   sustainable state financing mechanism for emergency medical services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3019 to read as follows:
   §  3019.  CONSOLIDATED ASSISTANCE PROGRAM FOR EMS DEPARTMENTS. 1.  FOR
 THE PURPOSES OF THIS SECTION, THE TERM "FUNDING LEVEL"  SHALL  MEAN  THE
 AVERAGE  AMOUNT  OF FUNDING RECEIVED OVER THE PREVIOUS TWO YEARS, CALCU-
 LATED FOR EACH EMERGENCY MEDICAL SERVICE  DEPARTMENT  OR  CONTRACT  WITH
 OTHER  MUNICIPAL DEPARTMENTS, VOLUNTEER DEPARTMENTS, INCLUDING VOLUNTEER
 AMBULANCES WHICH ARE BASED IN VOLUNTEER FIRE DEPARTMENTS, OR  NON-PROFIT
 OR  FOR-PROFIT  ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
 WITHIN THEIR JURISDICTION.
   2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER OR  ANY  OTHER
 LAW,  AND  SUBJECT  TO  AN APPROPRIATION MADE THEREFOR AND IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION AND WITH THE RULES  AND  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONER  IN CONNECTION THEREWITH, THE CONSOL-
 IDATED ASSISTANCE PROGRAM FOR EMERGENCY MEDICAL SERVICE  DEPARTMENTS  IS
 HEREBY  ESTABLISHED FOR THE PURPOSE OF MAKING PAYMENTS TO MUNICIPALITIES
 WHICH OPERATE EMERGENCY MEDICAL SERVICE DEPARTMENTS,  OR  CONTRACT  WITH
 OTHER  MUNICIPAL DEPARTMENTS, VOLUNTEER DEPARTMENTS, INCLUDING VOLUNTEER
 AMBULANCES WHICH ARE BASED IN VOLUNTEER FIRE DEPARTMENTS, OR  NON-PROFIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03428-04-3
              

 A. 1091--A                          2
 
 OR  FOR-PROFIT  ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES
 WITHIN THEIR JURISDICTION FOR EMERGENCY MEDICAL SERVICES.   THE  COMMIS-
 SIONER SHALL PROMULGATE ALL NECESSARY RULES AND REGULATIONS TO CARRY OUT
 THE  PROGRAM  SO  THAT AN EQUITABLE DISTRIBUTION OF AID SHALL BE MADE TO
 SUCH MUNICIPALITIES.
   3. ON OR BEFORE THE TWENTY-FIFTH DAY OF  APRIL,  JUNE,  SEPTEMBER  AND
 NOVEMBER,  THERE  SHALL  BE  DISTRIBUTED  AND  PAID TO MUNICIPALITIES AN
 AMOUNT EQUAL TO THE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS SECTION
 DIVIDED BY THE NUMBER OF PAYMENT DATES IN THAT STATE FISCAL  YEAR.  SUCH
 AMOUNTS SHALL BE DISTRIBUTED AND PAID PURSUANT TO THIS SECTION.
   4.  AMOUNTS  SHALL  BE DISTRIBUTED TO MUNICIPALITIES UNDER THE CONSOL-
 IDATED ASSISTANCE PROGRAM FOR EMS DEPARTMENTS IN RELATIVE  SHARES  BASED
 ON  RULES  AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IN CONSULTA-
 TION WITH THE NEW YORK STATE EMERGENCY MEDICAL SERVICES  COUNCIL,  WHICH
 SHALL CONSIDER FOR EACH MUNICIPALITY:
   (A)  ITS  POPULATION AND POPULATION DENSITY, PRIORITIZING LESS DENSELY
 POPULATED AREAS WHERE FINANCIAL STRAIN FOR PROVIDING SERVICE  IS  GREAT-
 EST;
   (B) EMERGENCY MEDICAL SERVICES CALL VOLUME AND CALL TYPE;
   (C)  THE PERCENTAGE OF ITS ANNUAL BUDGET WHICH GOES TO PROVIDING EMER-
 GENCY MEDICAL SERVICES; AND
   (D) ANY OTHER FACTOR THE COMMISSIONER, IN CONSULTATION  WITH  THE  NEW
 YORK STATE EMERGENCY MEDICAL SERVICES COUNCIL, DEEMS RELEVANT.
   5. ON THE FIRST DAY OF THE THIRD MONTH FOLLOWING THE END OF ITS FISCAL
 YEAR, EACH MUNICIPALITY WHICH HAS RECEIVED FIVE THOUSAND DOLLARS OR MORE
 IN TOTAL FUNDS PAID PURSUANT TO THIS SECTION DURING THE PRECEDING FISCAL
 YEAR  SHALL  CERTIFY  TO  THE  COMMISSIONER, PURSUANT TO RULES AND REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER IN RELATION  THERETO,  THAT  THE
 EXPENDITURE  BY  SUCH MUNICIPALITY IN SUCH FISCAL YEAR OF NONSTATE FUNDS
 RAISED BY THE MUNICIPALITY FOR THE OPERATION OF OR CONTRACTING FOR EMER-
 GENCY MEDICAL SERVICES WAS NOT REDUCED BELOW THE LEVEL OF THE AVERAGE OF
 THE PREVIOUS TWO YEARS.  PROVIDED,  HOWEVER,  THAT  IN  CALCULATING  THE
 EXPENDITURES  AND  REVENUES  OF  THE MUNICIPALITY TO DETERMINE THE LOCAL
 MAINTENANCE OF EFFORT FOR  THE  FISCAL  YEAR  BEING  CERTIFIED  AND  THE
 EXPENDITURE  LEVEL  OF  THE  AVERAGE  OF THE PREVIOUS TWO YEARS, MUNICI-
 PALITIES SHALL NOT BE REQUIRED TO INCLUDE THE  AMOUNT  OF  REVENUES  AND
 EXPENDITURES  FOR  OPERATION  OF  OR  CONTRACTING  FOR EMERGENCY MEDICAL
 SERVICES NECESSITATED BY ANY UNFORESEEN EVENT FOR WHICH THE MUNICIPALITY
 WAS OFFICIALLY DECLARED A DISASTER  AREA.  WHERE  A  REDUCTION  IN  SUCH
 SPENDING  OR  NON-USE  HAS OCCURRED, THE DISTRIBUTIONS ABOVE THE FUNDING
 LEVEL TO SUCH MUNICIPALITY IN THE THEN-CURRENT STATE FISCAL  YEAR  SHALL
 BE  REDUCED  BY  AN AMOUNT EQUIVALENT TO THE AMOUNT OF SUCH REDUCTION OR
 NON-USE, EXCEPT THAT NO REDUCTION TO THE FUNDING LEVEL  SHALL  BE  TAKEN
 FOR  AN AMOUNT CAUSED BY ANY UNFORESEEN EVENT FOR WHICH THE MUNICIPALITY
 WAS OFFICIALLY DECLARED A DISASTER AREA. MUNICIPALITIES NOT REQUIRED  TO
 CERTIFY UNDER THIS SECTION MAY CONTINUE SUCH NON-CERTIFYING STATUS, WITH
 THE  APPROVAL  OF THE COMMISSIONER, IF THE APPORTIONMENT TO SUCH MUNICI-
 PALITY IS INCREASED TO MORE THAN FIVE THOUSAND  DOLLARS  BUT  LESS  THAN
 SEVEN  THOUSAND  DOLLARS  IN  ANY LOCAL FISCAL YEAR. FOR THE PURPOSES OF
 THIS SECTION, A MUNICIPALITY SHALL MEAN A COUNTY, CITY, TOWN OR  VILLAGE
 OR TWO OR MORE SUCH JURISDICTIONS ACTING JOINTLY.
   6.  FOR  ANY  CITY, TOWN, OR VILLAGE WHICH CONSOLIDATES OR MERGES WITH
 ANOTHER MUNICIPALITY, THE RESULTING SUCCESSOR GOVERNMENT SHALL FILE WITH
 THE OFFICE OF THE STATE COMPTROLLER A CERTIFICATE OF  ANY  SUCH  CONSOL-
 IDATION,  MERGER  AND  ANY ACCOMPANYING DISSOLUTION. IF THE AMOUNT WHICH
 WOULD OTHERWISE BE APPORTIONED TO THE INDIVIDUAL GOVERNMENTS EXCEEDS THE
 A. 1091--A                          3

 AMOUNT WHICH IS PAYABLE TO THE SUCCESSOR  GOVERNMENT  PURSUANT  TO  THIS
 SECTION, SUCH SUCCESSOR GOVERNMENT SHALL RECEIVE NO LESS IN CONSOLIDATED
 ASSISTANCE  PROGRAM FOR EMS DEPARTMENT APPORTIONMENTS THAN THE PREDECES-
 SOR  GOVERNMENTS  WOULD HAVE RECEIVED IN THE AGGREGATE HAD THE MERGER OR
 CONSOLIDATION NOT OCCURRED.
   § 2. This act shall take effect immediately.