Bill Text: NY A01091 | 2023-2024 | General Assembly | Amended

---

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

Spectrum: Slight Partisan Bill (Democrat 17-8)

Status: (Introduced) 2024-01-03 - referred to health [A01091 Detail]

Download: New_York-2023-A01091-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1091--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of  A. KELLES, SANTABARBARA, SIMON, THIELE, LUPARDO,
          SEAWRIGHT, CLARK, LEVENBERG, GUNTHER, BORES, DARLING, BENDETT,  DeSTE-
          FANO,  McDONOUGH,  MILLER,  MCGOWAN, WOERNER, GONZALEZ-ROJAS, SHIMSKY,
          BUTTENSCHON, EACHUS, OTIS, BLUMENCRANZ, J. M. GIGLIO,  MAHER  --  read
          once  and referred to the Committee on Health -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        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  3019 to read as follows:
     3    §  3019.  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-profit
     9  or  for-profit  entities for the provision of emergency medical services
    10  within their jurisdiction.
    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-profit

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03428-04-3
        A. 1091--A                          2

     1  or  for-profit  entities for the provision of emergency medical services
     2  within their jurisdiction for emergency medical services.   The  commis-
     3  sioner shall promulgate all necessary rules and regulations to carry out
     4  the  program  so  that an equitable distribution of aid shall be made to
     5  such municipalities.
     6    3. On or before the twenty-fifth day of  April,  June,  September  and
     7  November,  there  shall  be  distributed  and  paid to municipalities an
     8  amount equal to the moneys appropriated for the purposes of this section
     9  divided by the number of payment dates in that state fiscal  year.  Such
    10  amounts shall be distributed and paid pursuant to this section.
    11    4.  Amounts  shall  be distributed to municipalities under the consol-
    12  idated assistance program for EMS departments in relative  shares  based
    13  on  rules  and regulations promulgated by the commissioner, in consulta-
    14  tion with the New York state emergency medical services  council,  which
    15  shall consider for each municipality:
    16    (a)  its  population and population density, prioritizing less densely
    17  populated areas where financial strain for providing service  is  great-
    18  est;
    19    (b) emergency medical services call volume and call type;
    20    (c)  the percentage of its annual budget which goes to providing emer-
    21  gency medical services; and
    22    (d) any other factor the commissioner, in consultation  with  the  New
    23  York state emergency medical services council, deems relevant.
    24    5. On the first day of the third month following the end of its fiscal
    25  year, each municipality which has received five thousand dollars or more
    26  in total funds paid pursuant to this section during the preceding fiscal
    27  year  shall  certify  to  the  commissioner, pursuant to rules and regu-
    28  lations promulgated by the commissioner in relation  thereto,  that  the
    29  expenditure  by  such municipality in such fiscal year of nonstate funds
    30  raised by the municipality for the operation of or contracting for emer-
    31  gency medical services was not reduced below the level of the average of
    32  the previous two years.  Provided,  however,  that  in  calculating  the
    33  expenditures  and  revenues  of  the municipality to determine the local
    34  maintenance of effort for  the  fiscal  year  being  certified  and  the
    35  expenditure  level  of  the  average  of the previous two years, munici-
    36  palities shall not be required to include the  amount  of  revenues  and
    37  expenditures  for  operation  of  or  contracting  for emergency medical
    38  services necessitated by any unforeseen event for which the municipality
    39  was officially declared a disaster  area.  Where  a  reduction  in  such
    40  spending  or  non-use  has occurred, the distributions above the funding
    41  level to such municipality in the then-current state fiscal  year  shall
    42  be  reduced  by  an amount equivalent to the amount of such reduction or
    43  non-use, except that no reduction to the funding level  shall  be  taken
    44  for  an amount caused by any unforeseen event for which the municipality
    45  was officially declared a disaster area. Municipalities not required  to
    46  certify under this section may continue such non-certifying status, with
    47  the  approval  of the commissioner, if the apportionment to such munici-
    48  pality is increased to more than five thousand  dollars  but  less  than
    49  seven  thousand  dollars  in  any local fiscal year. For the purposes of
    50  this section, a municipality shall mean a county, city, town or  village
    51  or two or more such jurisdictions acting jointly.
    52    6.  For  any  city, town, or village which consolidates or merges with
    53  another municipality, the resulting successor government shall file with
    54  the office of the state comptroller a certificate of  any  such  consol-
    55  idation,  merger  and  any accompanying dissolution. If the amount which
    56  would otherwise be apportioned to the individual governments exceeds the
        A. 1091--A                          3

     1  amount which is payable to the successor  government  pursuant  to  this
     2  section, such successor government shall receive no less in consolidated
     3  assistance  program for EMS department apportionments than the predeces-
     4  sor  governments  would have received in the aggregate had the merger or
     5  consolidation not occurred.
     6    § 2. This act shall take effect immediately.