Bill Text: NY S08189 | 2021-2022 | General Assembly | Amended

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Bill Title: Establishes the consolidated assistance program for EMS departments which creates a sustainable state financing mechanism for emergency medical services.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-03-23 - PRINT NUMBER 8189B [S08189 Detail]

Download: New_York-2021-S08189-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8189--B

                    IN SENATE

                                    February 1, 2022
                                       ___________

        Introduced by Sens. HINCHEY, HARCKHAM, MANNION -- read twice and ordered
          printed,  and  when printed to be committed to the Committee on Health
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted  to  said  committee  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to amend the public health law, in relation to establishing the
          consolidated assistance program for EMS departments  which  creates  a
          sustainable state financing mechanism for emergency medical services

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  3018 to read as follows:
     3    §  3018.  Consolidated assistance program for EMS departments. 1.  For
     4  the purposes of this section, the term "funding level"  shall  mean  the
     5  average  amount  of funding received over the previous two years, calcu-
     6  lated for each emergency medical service  department  or  contract  with
     7  other  municipal departments, volunteer departments, including volunteer
     8  ambulances which are based in volunteer fire departments, or non-profits
     9  for the provision of emergency medical services within  their  jurisdic-
    10  tion.
    11    2.  Notwithstanding  any other provisions of this chapter or any other
    12  law, and subject to an appropriation made  therefor  and  in  accordance
    13  with  the  provisions of this section and with the rules and regulations
    14  promulgated by the commissioner in  connection  therewith,  the  consol-
    15  idated  assistance  program for emergency medical service departments is
    16  hereby established for the purpose of making payments to  municipalities
    17  which  operate  emergency  medical service departments, or contract with
    18  other municipal departments, volunteer departments, including  volunteer
    19  ambulances which are based in volunteer fire departments, or non-profits
    20  for  the  provision of emergency medical services within their jurisdic-
    21  tion and which do not contract, directly or indirectly, with  for-profit
    22  entities for emergency medical services.  The commissioner shall promul-
    23  gate  all  necessary  rules  and regulations to carry out the program so

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14331-05-2
        S. 8189--B                          2

     1  that an equitable distribution of aid shall  be  made  to  such  munici-
     2  palities.
     3    3.  On  or  before  the twenty-fifth day of April, June, September and
     4  November, there shall be  distributed  and  paid  to  municipalities  an
     5  amount equal to the moneys appropriated for the purposes of this section
     6  divided  by  the number of payment dates in that state fiscal year. Such
     7  amounts shall be distributed and paid pursuant to this section.
     8    4. Amounts shall be distributed to municipalities  under  the  consol-
     9  idated  assistance  program for EMS departments in relative shares based
    10  on rules and regulations promulgated by the commissioner,  in  consulta-
    11  tion  with  the New York state emergency medical services council, which
    12  shall consider for each municipality:
    13    (a) its population and population density, prioritizing  less  densely
    14  populated  areas  where financial strain for providing service is great-
    15  est;
    16    (b) emergency medical services call volume and call type;
    17    (c) the percentage of its annual budget which goes to providing  emer-
    18  gency medical services; and
    19    (d)  any  other  factor the commissioner, in consultation with the New
    20  York state emergency medical services council, deems relevant.
    21    5. On the first day of the third month following the end of its fiscal
    22  year, each municipality which has received five thousand dollars or more
    23  in total funds paid pursuant to this section during the preceding fiscal
    24  year shall certify to the commissioner,  pursuant  to  rules  and  regu-
    25  lations  promulgated  by  the commissioner in relation thereto, that the
    26  expenditure by such municipality in such fiscal year of  nonstate  funds
    27  raised by the municipality for the operation of or contracting for emer-
    28  gency medical services was not reduced below the level of the average of
    29  the  previous  two  years.  Provided,  however,  that in calculating the
    30  expenditures and revenues of the municipality  to  determine  the  local
    31  maintenance  of  effort  for  the  fiscal  year  being certified and the
    32  expenditure level of the average of  the  previous  two  years,  munici-
    33  palities  shall  not  be  required to include the amount of revenues and
    34  expenditures for operation  of  or  contracting  for  emergency  medical
    35  services necessitated by any unforeseen event for which the municipality
    36  was  officially  declared  a  disaster  area.  Where a reduction in such
    37  spending or non-use has occurred, the distributions  above  the  funding
    38  level  to  such municipality in the then-current state fiscal year shall
    39  be reduced by an amount equivalent to the amount of  such  reduction  or
    40  non-use,  except  that  no reduction to the funding level shall be taken
    41  for an amount caused by any unforeseen event for which the  municipality
    42  was  officially declared a disaster area. Municipalities not required to
    43  certify under this section may continue such non-certifying status, with
    44  the approval of the commissioner, if the apportionment to  such  munici-
    45  pality  is  increased  to  more than five thousand dollars but less than
    46  seven thousand dollars in any local fiscal year.  For  the  purposes  of
    47  this  section, a municipality shall mean a county, city, town or village
    48  or two or more such jurisdictions acting jointly.
    49    6. For any city, town, or village which consolidates  or  merges  with
    50  another municipality, the resulting successor government shall file with
    51  the  office  of  the state comptroller a certificate of any such consol-
    52  idation, merger and any accompanying dissolution. If  the  amount  which
    53  would otherwise be apportioned to the individual governments exceeds the
    54  amount  which  is  payable  to the successor government pursuant to this
    55  section, such successor government shall receive no less in consolidated
    56  assistance program for EMS department apportionments than the  predeces-
        S. 8189--B                          3

     1  sor  governments  would have received in the aggregate had the merger or
     2  consolidation not occurred.
     3    § 2. This act shall take effect immediately.