N.Y. Public Health Law § 3008: Applications for determinations of public need

§ 3008. Applications for determinations of public need. 1. Every

application for a determination of public need shall be made in writing

to the appropriate regional council, shall specify the primary territory

within which the applicant requests to operate, be verified under oath,

and shall be in such form and contain such information as required by

the rules and regulations promulgated pursuant to this article.

2. Notice of the application shall be forwarded by registered or

certified mail by the appropriate regional council to the chief

executive officers of all general hospitals, ambulance services, and

municipalities operating within the same county or counties where the

services seeks to operate. The notice shall provide opportunity for

comment.

3. Notice pursuant to this section shall be deemed filed with the

ambulance service and municipality upon being mailed by the appropriate

regional or state council by registered or certified mail.

4. The appropriate regional council or the state council shall make

its determination of public need within sixty days after receipt of the

application.

5. The applicant or any concerned party may appeal the determination

of the appropriate regional council to the state council within thirty

days after the regional council makes its determination.

6. In the case of an application for certification under this article

by a municipal ambulance service to serve the area within the

municipality, and the municipal ambulance service meets appropriate

training, staffing and equipment standards, there should be a

presumption in favor of approving the application.

7. (a) Notwithstanding any other provision of law and subject to the

provisions of this article, any municipality within this state, or fire

district acting on behalf of any such municipality, and acting through

its local legislative body, is hereby authorized and empowered to adopt

and amend local laws, ordinances or resolutions to establish and operate

advanced life support first responder services or municipal ambulance

services within the municipality, upon meeting or exceeding all

standards set by the department for appropriate training, staffing and

equipment, and upon filing with the New York state emergency medical

services council, a written request for such authorization. Upon such

filing, such municipal advanced life support first responder service or

municipal ambulance service shall be deemed to have satisfied any and

all requirements for determination of public need for the establishment

of additional emergency medical services pursuant to this article for a

period of two years following the date of such filing. Nothing in this

article shall be deemed to exclude the municipal advanced life support

first responder service or municipal ambulance service authorized to be

established and operated pursuant to this article from complying with

any other requirement or provision of this article or any other

applicable provision of law.

(b) In the case of an application for certification pursuant to this

subdivision, for a municipal advanced life support or municipal

ambulance service, to serve the area within the municipality, where the

proposed service meets or exceeds the appropriate training, staffing and

equipment standards, there shall be a strong presumption in favor of

approving the application. Notwithstanding any other provision of this

article, any city with a population of fourteen thousand seven hundred

or sixty-two thousand two hundred thirty-five, according to the two

thousand ten federal decennial census, or fire district acting on behalf

of any such city, that applies for permanent certification pursuant to

this section at the conclusion of the two year period provided in this

subdivision, 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, and the application shall be submitted to

and approved by the commissioner unless the commissioner finds that the

municipal advanced life support first responder service or municipal

ambulance service has failed to meet the appropriate training, staffing

and equipment standards.