NY Cty L § 394 (2021)
2021 New York Laws CNT - County Article 7-A - County Tuberculosis Hospitals 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.