NY Pub Health L § 3008 (2021)
2021 New York Laws PBH - Public Health Article 30 - Emergency Medical Services 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.