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This entry was published on 2014-09-22
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SECTION 385
Establishment of county tuberculosis hospitals
County (CNT) CHAPTER 11, ARTICLE 7-A
§ 385. Establishment of county tuberculosis hospitals. 1. The board of
supervisors of every county in the state containing a population of
thirty-five thousand or more, as determined by the latest federal
census, shall establish, as hereinafter provided, a county hospital for
the care and treatment of persons suffering from the disease known as
tuberculosis, unless there already exists in such county a hospital or
institution provided by the county or other authority and caring for
persons suffering from tuberculosis, which is approved by the state
commissioner of health, or the board of supervisors of such county
except in a county wherein a site for such hospital has been approved by
the state commissioner of health prior to the taking effect of this
article, shall have entered into a contract prior to November first,
nineteen hundred twenty, for the care of its tuberculosis patients with
an adjoining county having such county hospital or with a private
sanatorium within its county or shall join prior to November first,
nineteen hundred twenty, with one or more other counties in the
establishment and maintenance of such county hospital as hereinafter
provided. Such county hospital, except a hospital established and
maintained by two or more counties, shall be available for patients on
or before the first day of July, nineteen hundred eighteen. All
expenditures incurred by the state commissioner of health for and in
connection with the location, construction and operation of such
hospital, shall be a charge upon the county, and provision shall be made
for the payment therefor by the board of supervisors of such county in
the same manner as in the case of other charges against the county. At
any time after such hospital has been in operation, the board of
supervisors in such county may appoint a board of managers for such
hospital, pursuant to the provisions of this article and thirty days
after the appointment of such board of managers by such board of
supervisors, such hospital shall be transferred to such board of
managers, and such board of managers shall thereafter possess and
exercise all the powers of the board of managers of a county hospital
for tuberculosis under this article, and the state commissioner of
health shall be relieved from any responsibility therefor except such
responsibility as he exercises in regard to all county tuberculosis
hospitals under the provisions of this article.

2. When deemed advisable by the board of supervisors and approved by
the state commissioner of health, any such county may maintain more than
one county hospital for the care and treatment of persons suffering from
tuberculosis. The board of supervisors of any other county shall have
power by a majority vote to establish a county hospital for the care and
treatment of persons suffering from the disease known as tuberculosis.

3. When the board of supervisors of any county shall have voted to
establish such hospital, the board of supervisors shall:

(a) Purchase or lease real property therefor, or acquire such real
property, and easements therein, by appropriate proceedings, in the
manner prescribed by the eminent domain procedure law, in any town, city
or village in the county.

(b) Erect all necessary buildings and alter any buildings, on the
property when acquired for the use of said hospital, provided that the
location of the buildings and the plans and such part of the
specifications as shall be required by the state commissioner of health
for such erection or alteration together with the initial equipment
shall first be approved by the state commissioner of health. Any
changes in such location or plans shall also be first approved by the
state commissioner of health and the state commissioner of health and
his duly authorized representatives shall have the power to inspect such
county hospitals during the course of their construction for the purpose
of seeing that such plans are complied with.

(c) Cause to be assessed, levied and collected such sums of money as
it shall deem necessary for suitable lands, buildings and improvements
for said hospital, and for the maintenance thereof, and for all other
necessary expenditures therefor; or may finance expenditures for the
erection of such hospital and for the purchase of a site therefor
pursuant to the provisions of the local finance law.

(d) Appoint a board of managers for said hospital as hereinafter
provided.

(e) Accept and hold in trust for the county, any grant or devise of
land, or any gift or bequest of money or other personal property, or any
donation to be applied, principal or income, or both, for the benefit of
said hospital, and apply the same in accordance with the terms of the
gift.

(f) Whenever it shall deem it in the public interest so to do, and
notwithstanding the provisions of any other general or special act,
change the location of such hospital and acquire a new site by purchase,
lease or condemnation, as provided in this section, and establish the
hospital thereon.