N.Y. Public Health Law § 3010: Area of operation; transfers

§ 3010. Area of operation; transfers. 1. Every ambulance service

certificate or statement of registration issued under this article shall

specify the primary territory within which the ambulance service shall

be permitted to operate. An ambulance service shall receive patients

only within the primary territory specified on its ambulance service

certificate or statement of registration, except: (a) when receiving a

patient which it initially transported to a facility or location outside

its primary territory; (b) as required for the fulfillment of a mutual

aid agreement authorized by the regional council; (c) upon express

approval of the department and the appropriate regional emergency

medical services council for a maximum of sixty days if necessary to

meet an emergency need; provided that in order to continue such

operation beyond the sixty day maximum period necessary to meet an

emergency need, the ambulance service must satisfy the requirements of

this article, regarding determination of public need and specification

of the primary territory on the ambulance service certificate or

statement of registration; or (d) an ambulance service or advanced life

support first response service organization formed to serve the need for

the provision of emergency medical services in accordance with the

religious convictions of a religious denomination may serve such needs

in an area adjacent to such primary territory and, while responding to a

call for such service, the needs of other residents of such area at the

emergency scene. Any ambulance service seeking to operate in more than

one region shall make application to each appropriate regional council.

Whenever an application is made simultaneously to more than one regional

council, the applications submitted to the regional councils shall be

identical, or copies of each application shall be submitted to all the

regional councils involved.

2. No ambulance service certificate shall be transferable unless the

regional council and the department reviews and approves the transfer as

follows:

a. Any change in the individual who is the sole proprietor of an

ambulance service shall only be approved upon a determination that the

proposed new operator is competent and fit to operate the service.

b. Any change in a partnership which is the owner of an ambulance

service shall be approved based upon a determination that the new

partner or partners are competent and fit to operate the service. The

remaining partners shall not be subject to a character and fitness

review.

c. Any transfer, assignment or other disposition of ten percent or

more of the stock or voting rights thereunder of a corporation which is

the owner of an ambulance service, or any transfer, assignment or other

disposition of the stock or voting rights thereunder of such a

corporation which results in the ownership or control of ten percent or

more of the stock or voting rights thereunder by any person, shall be

approved based upon a determination that the new stockholder or

stockholder proposing to obtain ten percent or more of the stock or

voting rights thereunder of such corporation is competent and fit to

operate the service. The remaining stockholders shall not be subject to

a character and fitness review.

d. Any transfer of all or substantially all of the assets of a

corporation which owns or operates a certified ambulance service shall

be approved based upon a determination that the individual, partnership,

or corporation proposing to obtain all or substantially all of the

assets of the corporation is competent and fit to operate the service.

e. Any transfer affected in the absence of the review and approval

required by this section shall be null and void and the certificate of

such ambulance service shall be subject to revocation or suspension.

3. Nothing contained in this section shall be construed to prohibit

any voluntary ambulance service authorized by its governing authority to

do so from transporting any sick or injured resident of its primary

territory from any general hospital or other health care facility

licensed by the department, whether or not such general hospital or

health care facility is within the service's primary territory, to any

other general hospital or health care facility licensed by the

department for further care, or to such resident's home. Nothing

contained in this section shall be construed to prohibit any proprietary

ambulance service authorized by its governing body to do so from

transporting any sick or injured patient from any general hospital or

other health care facility licensed by the department whether or not

such general hospital or health care facility is within the service's

primary territory, to any other general hospital or health care facility

licensed by the department within the service's primary territory for

further care, or to such patient's home, if such patient's home is

within its primary territory. Any ambulance service owned by or under

contract to a general hospital licensed by the department may transport

any specialty patient from any other general hospital or health care

facility licensed by the department to the hospital owning such

ambulance service, or with which it has a contract. Categories of

specialty patients shall be defined by rule by the state emergency

medical services council, subject to the approval of the commissioner.

4. No ambulance service certificate of an ambulance service which has

discontinued operations for a continuous period in excess of thirty days

shall be transferable without the approval of the appropriate regional

council.