N.Y. County Law § 394: Discontinuance of hospital or county chest clinic services; procedure

§ 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.