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

2 Co-sponsors

• Joseph A. Griffo
• Roy J. McDonald

BILL NUMBER:S7013C

Title of bill

An act to amend the public health law, in relation to applications for determinations of public need for the establishment and operation of advanced life support services or municipal ambulance services in certain cities

Purpose

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

Summary of provisions

Section 1 amends paragraph (b) of subdivision 7 of section 3008 of the public health law to authorize any city with a population of 14,700 or 62,235 according to the 2010 federal decennial census or fire district acting on behalf of such city that applies for permanent certification pursuant to this section.

At the conclusion of the two year period, such district 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. Such application shall be submitted to and approved by the commissioner unless the commissioner finds that the municipal advance life support first responder service or municipal ambulance service has failed to meet the appropriate training, staffing and equipment standards.

Section 2 contains the effective date.

Justification

Municipalities currently find themselves at a distinct disadvantage when applying for a certificate of need to continue the provision of advanced life support first response services. Since they are not applying to a regional council, which by statute is made up of not less than two-thirds industry representatives, it is difficult to prove that the current service is inadequate.

Given that many municipalities around the state have spent great time and expense in training municipal employees in advanced life support and have the appropriate equipment and staffing necessary to provide the service, they should not be subject to the additional scrutiny of the regional council.

For instance, last year the city of Utica's municipal ambulance service resulted in $959,000 after all expenses were paid being placed in the city's general fund. This revenue saved the city's taxpayers a 5% tax increase. However, the city of Utica's application for a permanent certificate was denied by its regional council and its municipal ambulance is only operating pending the outcome of its appeal currently in the New York State Appellate Division, 3rd Department.

Moreover, the city of Glens Falls has operated its ambulance service since 2009. In 2011 it applied to its regional council for permanent

operating authority. Its application was challenged by a private ambulance service and is on administrative appeal. Through the operation of its municipal ambulance service in 2011, $310,323 in revenue was generated to decrease municipal taxes.

Legislative history

New Bill.

Fiscal implications

None.

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 under paragraph (a) of subdivision 7 of section 3008 of the public health law at the time this act becomes law, and to any application made by a municipality or fire district under such section that is pending any administrative or judicial appeal process at the time this act becomes a law.