§ 385 — Establishment of county tuberculosis hospitals

New York § 385

• Jurisdiction: New York
• Law CNT: County
• Art. 7-A: County Tuberculosis Hospitals

Text

§ 385. Establishment of county tuberculosis hospitals. 1. The board of\nsupervisors of every county in the state containing a population of\nthirty-five thousand or more, as determined by the latest federal\ncensus, shall establish, as hereinafter provided, a county hospital for\nthe care and treatment of persons suffering from the disease known as\ntuberculosis, unless there already exists in such county a hospital or\ninstitution provided by the county or other authority and caring for\npersons suffering from tuberculosis, which is approved by the state\ncommissioner of health, or the board of supervisors of such county\nexcept in a county wherein a site for such hospital has been approved by\nthe state commissioner of health prior to the taking effect of this\narticle, shall have entered into a contract prior to November first,\nnineteen hundred twenty, for the care of its tuberculosis patients with\nan adjoining county having such county hospital or with a private\nsanatorium within its county or shall join prior to November first,\nnineteen hundred twenty, with one or more other counties in the\nestablishment and maintenance of such county hospital as hereinafter\nprovided. Such county hospital, except a hospital established and\nmaintained by two or more counties, shall be available for patients on\nor before the first day of July, nineteen hundred eighteen. All\nexpenditures incurred by the state commissioner of health for and in\nconnection with the location, construction and operation of such\nhospital, shall be a charge upon the county, and provision shall be made\nfor the payment therefor by the board of supervisors of such county in\nthe same manner as in the case of other charges against the county. At\nany time after such hospital has been in operation, the board of\nsupervisors in such county may appoint a board of managers for such\nhospital, pursuant to the provisions of this article and thirty days\nafter the appointment of such board of managers by such board of\nsupervisors, such hospital shall be transferred to such board of\nmanagers, and such board of managers shall thereafter possess and\nexercise all the powers of the board of managers of a county hospital\nfor tuberculosis under this article, and the state commissioner of\nhealth shall be relieved from any responsibility therefor except such\nresponsibility as he exercises in regard to all county tuberculosis\nhospitals under the provisions of this article.\n 2. When deemed advisable by the board of supervisors and approved by\nthe state commissioner of health, any such county may maintain more than\none county hospital for the care and treatment of persons suffering from\ntuberculosis. The board of supervisors of any other county shall have\npower by a majority vote to establish a county hospital for the care and\ntreatment of persons suffering from the disease known as tuberculosis.\n 3. When the board of supervisors of any county shall have voted to\nestablish such hospital, the board of supervisors shall:\n (a) Purchase or lease real property therefor, or acquire such real\nproperty, and easements therein, by appropriate proceedings, in the\nmanner prescribed by the eminent domain procedure law, in any town, city\nor village in the county.\n (b) Erect all necessary buildings and alter any buildings, on the\nproperty when acquired for the use of said hospital, provided that the\nlocation of the buildings and the plans and such part of the\nspecifications as shall be required by the state commissioner of health\nfor such erection or alteration together with the initial equipment\nshall first be approved by the state commissioner of health. Any\nchanges in such location or plans shall also be first approved by the\nstate commissioner of health and the state commissioner of health and\nhis duly authorized representatives shall have the power to inspect such\ncounty hospitals during the course of their construction for the purpose\nof seeing that such plans are complied with.\n (c) Cause to be assessed, levied and collected such sums of money as\nit shall deem necessary for suitable lands, buildings and improvements\nfor said hospital, and for the maintenance thereof, and for all other\nnecessary expenditures therefor; or may finance expenditures for the\nerection of such hospital and for the purchase of a site therefor\npursuant to the provisions of the local finance law.\n (d) Appoint a board of managers for said hospital as hereinafter\nprovided.\n (e) Accept and hold in trust for the county, any grant or devise of\nland, or any gift or bequest of money or other personal property, or any\ndonation to be applied, principal or income, or both, for the benefit of\nsaid hospital, and apply the same in accordance with the terms of the\ngift.\n (f) Whenever it shall deem it in the public interest so to do, and\nnotwithstanding the provisions of any other general or special act,\nchange the location of such hospital and acquire a new site by purchase,\nlease or condemnation, as provided in this section, and establish the\nhospital thereon.\n