§ 394 — Discontinuance of hospital or county chest clinic services; procedure

New York § 394

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

Text

§ 394. Discontinuance of hospital or county chest clinic services;\nprocedure. 1. The board of supervisors of any county in which there is a\ncounty tuberculosis hospital or county chest clinic service established\npursuant to the authorization in this article or any other general or\nspecial law shall continue the operations of such hospital or clinic\nservice, except as hereinafter provided.\n 2. Notwithstanding the provisions of this article, or of any other\ngeneral or special law, the board of supervisors of any county\nmaintaining a county tuberculosis hospital or county chest clinic\nservice may request the state commissioner of health to assume\nresponsibility for the operation and maintenance of such hospital as a\nstate tuberculosis hospital or state chest clinic service or to\nauthorize the abolition of such county tuberculosis hospital or county\nchest clinic service. The state commissioner of health, upon receipt of\nsuch application, shall make such investigations as he may deem\nappropriate to protect the public health or other interests of the\nstate. Following such investigation, he may certify in writing to the\nboard of supervisors of such county that such county can be adequately\nserved by a state tuberculosis hospital or a state chest clinic service\nand that in his opinion the continued operation of such county\ntuberculosis hospital or county chest clinic service is unnecessary. On\nreceipt of any such certification the board of supervisors is hereby\nauthorized to abolish such hospital or clinic service by resolution\nadopted by a majority vote of the members of such board. On the\nabolition of any such hospital or clinic service the board of\nsupervisors may dispose of the property and equipment thereof or direct\nthe same to such other public use as is deemed desirable within the\nlimits prescribed by law. Such board may dispose of funds, or other\nproperty held in trust pursuant to paragraph e of subdivision three of\nsection three hundred eighty-five as is permitted by law and the terms\nof any bequests relating thereto. The terms of office of the board of\nmanagers or other governing body and the superintendent or director\nthereof shall automatically terminate on the abolition of any such\nhospital or chest clinic service. However, the state commissioner of\nhealth, following such investigation, may, with the approval of the\ngovernor, notify such county board of supervisors that, for the\nprotection of the public health, such hospital or chest clinic service\nshould be continued as a tuberculosis hospital or chest clinic service\nunder state ownership and operation to serve, in addition to such\ncounty, such other counties as may require tuberculosis hospital or\nchest clinic service.\n 3. When the state commissioner of health determines that the interest\nof the public health would be furthered by the continuance of the\nservice of such county tuberculosis hospital or county chest clinic\nservice under state ownership, operation and administration, said county\nshall be required to submit, within a period of thirty days after notice\nto that effect, a description of all lands then owned by the county for\nsuch tuberculosis hospital or chest clinic service and any and all\ncertificates or abstracts of title thereon, together with a description\nof the buildings and an inventory of all equipment, fixtures, supplies,\nfurnishings, medical and household supplies, automotive equipment, and\nany other materials or property owned or possessed by the county for the\nmaintenance, operation or use of such hospital or chest clinic service,\nand upon notice and on a date designated by the state commissioner of\nhealth, said county shall transfer to the state, without cost, the title\nto all of the property and appurtenances constituting such county\ntuberculosis hospital or county chest clinic service, including all\nlands, buildings, equipment, fixtures, supplies, furnishings, medical\nand household supplies, automotive equipment, and any other materials or\nproperty assigned to or for the maintenance, operation or use of such\nhospital or chest clinic service, as included in the inventory\nhereinbefore mentioned.\n 4. No outstanding bonded or other indebtedness shall be assumed by the\nstate in the event of such transfer of title as aforesaid.\n 5. In the event that at any time subsequent to the taking of title by\nthe state, the state commissioner of health determines that it is no\nlonger economical or advisable for the state to continue the operation\nof such hospital or chest clinic service then, upon the discontinuance\nof such hospital or chest clinic service by the state, the title to the\nland and buildings pertaining thereto shall, without obligation on the\npart of such county, revert to and be revested in such county.\n