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This entry was published on 2014-09-22
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SECTION 394
Discontinuance of hospital or county chest clinic services; procedure
County (CNT) CHAPTER 11, ARTICLE 7-A
§ 394. Discontinuance of hospital or county chest clinic services;
procedure. 1. The board of supervisors of any county in which there is a
county tuberculosis hospital or county chest clinic service established
pursuant to the authorization in this article or any other general or
special law shall continue the operations of such hospital or clinic
service, except as hereinafter provided.

2. Notwithstanding the provisions of this article, or of any other
general or special law, the board of supervisors of any county
maintaining a county tuberculosis hospital or county chest clinic
service may request the state commissioner of health to assume
responsibility for the operation and maintenance of such hospital as a
state tuberculosis hospital or state chest clinic service or to
authorize the abolition of such county tuberculosis hospital or county
chest clinic service. The state commissioner of health, upon receipt of
such application, shall make such investigations as he may deem
appropriate to protect the public health or other interests of the
state. Following such investigation, he may certify in writing to the
board of supervisors of such county that such county can be adequately
served by a state tuberculosis hospital or a state chest clinic service
and that in his opinion the continued operation of such county
tuberculosis hospital or county chest clinic service is unnecessary. On
receipt of any such certification the board of supervisors is hereby
authorized to abolish such hospital or clinic service by resolution
adopted by a majority vote of the members of such board. On the
abolition of any such hospital or clinic service the board of
supervisors may dispose of the property and equipment thereof or direct
the same to such other public use as is deemed desirable within the
limits prescribed by law. Such board may dispose of funds, or other
property held in trust pursuant to paragraph e of subdivision three of
section three hundred eighty-five as is permitted by law and the terms
of any bequests relating thereto. The terms of office of the board of
managers or other governing body and the superintendent or director
thereof shall automatically terminate on the abolition of any such
hospital or chest clinic service. However, the state commissioner of
health, following such investigation, may, with the approval of the
governor, notify such county board of supervisors that, for the
protection of the public health, such hospital or chest clinic service
should be continued as a tuberculosis hospital or chest clinic service
under state ownership and operation to serve, in addition to such
county, such other counties as may require tuberculosis hospital or
chest clinic service.

3. When the state commissioner of health determines that the interest
of the public health would be furthered by the continuance of the
service of such county tuberculosis hospital or county chest clinic
service under state ownership, operation and administration, said county
shall be required to submit, within a period of thirty days after notice
to that effect, a description of all lands then owned by the county for
such tuberculosis hospital or chest clinic service and any and all
certificates or abstracts of title thereon, together with a description
of the buildings and an inventory of all equipment, fixtures, supplies,
furnishings, medical and household supplies, automotive equipment, and
any other materials or property owned or possessed by the county for the
maintenance, operation or use of such hospital or chest clinic service,
and upon notice and on a date designated by the state commissioner of
health, said county shall transfer to the state, without cost, the title
to all of the property and appurtenances constituting such county
tuberculosis hospital or county chest clinic service, including all
lands, buildings, equipment, fixtures, supplies, furnishings, medical
and household supplies, automotive equipment, and any other materials or
property assigned to or for the maintenance, operation or use of such
hospital or chest clinic service, as included in the inventory
hereinbefore mentioned.

4. No outstanding bonded or other indebtedness shall be assumed by the
state in the event of such transfer of title as aforesaid.

5. In the event that at any time subsequent to the taking of title by
the state, the state commissioner of health determines that it is no
longer economical or advisable for the state to continue the operation
of such hospital or chest clinic service then, upon the discontinuance
of such hospital or chest clinic service by the state, the title to the
land and buildings pertaining thereto shall, without obligation on the
part of such county, revert to and be revested in such county.