2023 New York Laws › CNT - County › Article 7-A - County Tuberculosis Hospitals › 385 - Establishment of County Tuberculosis Hospitals.

§ 385. Establishment of county tuberculosis hospitals. 1. The board of
supervisors  of  every  county  in  the state containing a population of
thirty-five thousand or  more,  as  determined  by  the  latest  federal
census,  shall establish, as hereinafter provided, a county hospital for
the care and treatment of persons suffering from the  disease  known  as
tuberculosis,  unless  there already exists in such county a hospital or
institution provided by the county or other  authority  and  caring  for
persons  suffering  from  tuberculosis,  which  is approved by the state
commissioner of health, or the  board  of  supervisors  of  such  county
except in a county wherein a site for such hospital has been approved by
the  state  commissioner  of  health  prior to the taking effect of this
article, shall have entered into a contract  prior  to  November  first,
nineteen  hundred twenty, for the care of its tuberculosis patients with
an adjoining county having  such  county  hospital  or  with  a  private
sanatorium  within  its  county  or  shall join prior to November first,
nineteen hundred  twenty,  with  one  or  more  other  counties  in  the
establishment  and  maintenance  of  such county hospital as hereinafter
provided. Such  county  hospital,  except  a  hospital  established  and
maintained  by  two or more counties, shall be available for patients on
or before  the  first  day  of  July,  nineteen  hundred  eighteen.  All
expenditures  incurred  by  the  state commissioner of health for and in
connection  with  the  location,  construction  and  operation  of  such
hospital, shall be a charge upon the county, and provision shall be made
for  the  payment therefor by the board of supervisors of such county in
the same manner as in the case of other charges against the  county.  At
any  time  after  such  hospital  has  been  in  operation, the board of
supervisors in such county may appoint a  board  of  managers  for  such
hospital,  pursuant  to  the  provisions of this article and thirty days
after the appointment of  such  board  of  managers  by  such  board  of
supervisors,  such  hospital  shall  be  transferred  to  such  board of
managers, and such  board  of  managers  shall  thereafter  possess  and
exercise  all  the  powers of the board of managers of a county hospital
for tuberculosis under this  article,  and  the  state  commissioner  of
health  shall  be  relieved from any responsibility therefor except such
responsibility as he exercises in  regard  to  all  county  tuberculosis
hospitals under the provisions of this article.
2.  When  deemed advisable by the board of supervisors and approved by
the state commissioner of health, any such county may maintain more than
one county hospital for the care and treatment of persons suffering from
tuberculosis. The board of supervisors of any other  county  shall  have
power by a majority vote to establish a county hospital for the care and
treatment of persons suffering from the disease known as tuberculosis.
3.  When  the  board  of supervisors of any county shall have voted to
establish such hospital, the board of supervisors shall:
(a) Purchase or lease real property therefor,  or  acquire  such  real
property,  and  easements  therein,  by  appropriate proceedings, in the
manner prescribed by the eminent domain procedure law, in any town, city
or village in the county.
(b) Erect all necessary buildings and  alter  any  buildings,  on  the
property  when  acquired for the use of said hospital, provided that the
location  of  the  buildings  and  the  plans  and  such  part  of   the
specifications  as shall be required by the state commissioner of health
for such erection or alteration  together  with  the  initial  equipment
shall  first  be  approved  by  the  state commissioner of health.   Any
changes in such location or plans shall also be first  approved  by  the
state  commissioner  of  health and the state commissioner of health and
his duly authorized representatives shall have the power to inspect such

county hospitals during the course of their construction for the purpose
of seeing that such plans are complied with.
(c)  Cause  to be assessed, levied and collected such sums of money as
it shall deem necessary for suitable lands, buildings  and  improvements
for  said  hospital,  and for the maintenance thereof, and for all other
necessary expenditures therefor; or may  finance  expenditures  for  the
erection  of  such  hospital  and  for  the  purchase of a site therefor
pursuant to the provisions of the local finance law.
(d) Appoint a board of  managers  for  said  hospital  as  hereinafter
provided.
(e)  Accept  and  hold in trust for the county, any grant or devise of
land, or any gift or bequest of money or other personal property, or any
donation to be applied, principal or income, or both, for the benefit of
said hospital, and apply the same in accordance with the  terms  of  the
gift.
(f)  Whenever  it  shall  deem it in the public interest so to do, and
notwithstanding the provisions of any  other  general  or  special  act,
change the location of such hospital and acquire a new site by purchase,
lease  or  condemnation,  as provided in this section, and establish the
hospital thereon.