§ 3008 — Applications for determinations of public need

§ 3008. Applications for determinations of public need. 1. Every\napplication for a determination of public need shall be made in writing\nto the appropriate regional council, shall specify the primary territory\nwithin which the applicant requests to operate, be verified under oath,\nand shall be in such form and contain such information as required by\nthe rules and regulations promulgated pursuant to this article.\n 2. Notice of the application shall be forwarded by registered or\ncertified mail by the appropriate regional council to the chief\nexecutive officers of all general hospitals, ambulance services, and\nmunicipalities operating within the same county or counties where the\nservices seeks to operate. The notice shall provide opportunity for\ncomment.\n 3. Notice pursuant to this section shall be deemed filed with the\nambulance service and municipality upon being mailed by the appropriate\nregional or state council by registered or certified mail.\n 4. The appropriate regional council or the state council shall make\nits determination of public need within sixty days after receipt of the\napplication.\n 5. The applicant or any concerned party may appeal the determination\nof the appropriate regional council to the state council within thirty\ndays after the regional council makes its determination.\n 6. In the case of an application for certification under this article\nby a municipal ambulance service to serve the area within the\nmunicipality, and the municipal ambulance service meets appropriate\ntraining, staffing and equipment standards, there should be a\npresumption in favor of approving the application.\n 7. (a) Notwithstanding any other provision of law and subject to the\nprovisions of this article, any municipality within this state, or fire\ndistrict acting on behalf of any such municipality, and acting through\nits local legislative body, is hereby authorized and empowered to adopt\nand amend local laws, ordinances or resolutions to establish and operate\nadvanced life support first responder services or municipal ambulance\nservices within the municipality, upon meeting or exceeding all\nstandards set by the department for appropriate training, staffing and\nequipment, and upon filing with the New York state emergency medical\nservices council, a written request for such authorization. Upon such\nfiling, such municipal advanced life support first responder service or\nmunicipal ambulance service shall be deemed to have satisfied any and\nall requirements for determination of public need for the establishment\nof additional emergency medical services pursuant to this article for a\nperiod of two years following the date of such filing. Nothing in this\narticle shall be deemed to exclude the municipal advanced life support\nfirst responder service or municipal ambulance service authorized to be\nestablished and operated pursuant to this article from complying with\nany other requirement or provision of this article or any other\napplicable provision of law.\n (b) In the case of an application for certification pursuant to this\nsubdivision, for a municipal advanced life support or municipal\nambulance service, to serve the area within the municipality, where the\nproposed service meets or exceeds the appropriate training, staffing and\nequipment standards, there shall be a strong presumption in favor of\napproving the application. Notwithstanding any other provision of this\narticle, any city with a population of fourteen thousand seven hundred\nor sixty-two thousand two hundred thirty-five, according to the two\nthousand ten federal decennial census, or fire district acting on behalf\nof any such city, that applies for permanent certification pursuant to\nthis section at the conclusion of the two year period provided in this\nsubdivision, shall not be required to apply to its regional emergency\nmedical services council or the state emergency medical services council\nfor a determination of need, and the application shall be submitted to\nand approved by the commissioner unless the commissioner finds that the\nmunicipal advanced life support first responder service or municipal\nambulance service has failed to meet the appropriate training, staffing\nand equipment standards.\n