N.Y.
County Law Section 394
Discontinuance of hospital or county chest clinic services
- procedure
1.
The board of supervisors of any county in which there is a county tuberculosis hospital or county chest clinic service established pursuant to the authorization in this article or any other general or special law shall continue the operations of such hospital or clinic service, except as hereinafter provided.2.
Notwithstanding the provisions of this article, or of any other general or special law, the board of supervisors of any county maintaining a county tuberculosis hospital or county chest clinic service may request the state commissioner of health to assume responsibility for the operation and maintenance of such hospital as a state tuberculosis hospital or state chest clinic service or to authorize the abolition of such county tuberculosis hospital or county chest clinic service. The state commissioner of health, upon receipt of such application, shall make such investigations as he may deem appropriate to protect the public health or other interests of the state. Following such investigation, he may certify in writing to the board of supervisors of such county that such county can be adequately served by a state tuberculosis hospital or a state chest clinic service and that in his opinion the continued operation of such county tuberculosis hospital or county chest clinic service is unnecessary. On receipt of any such certification the board of supervisors is hereby authorized to abolish such hospital or clinic service by resolution adopted by a majority vote of the members of such board. On the abolition of any such hospital or clinic service the board of supervisors may dispose of the property and equipment thereof or direct the same to such other public use as is deemed desirable within the limits prescribed by law. Such board may dispose of funds, or other property held in trust pursuant to paragraph e of subdivision three of section three hundred eighty-five as is permitted by law and the terms of any bequests relating thereto. The terms of office of the board of managers or other governing body and the superintendent or director thereof shall automatically terminate on the abolition of any such hospital or chest clinic service. However, the state commissioner of health, following such investigation, may, with the approval of the governor, notify such county board of supervisors that, for the protection of the public health, such hospital or chest clinic service should be continued as a tuberculosis hospital or chest clinic service under state ownership and operation to serve, in addition to such county, such other counties as may require tuberculosis hospital or chest clinic service.3.
When the state commissioner of health determines that the interest of the public health would be furthered by the continuance of the service of such county tuberculosis hospital or county chest clinic service under state ownership, operation and administration, said county shall be required to submit, within a period of thirty days after notice to that effect, a description of all lands then owned by the county for such tuberculosis hospital or chest clinic service and any and all certificates or abstracts of title thereon, together with a description of the buildings and an inventory of all equipment, fixtures, supplies, furnishings, medical and household supplies, automotive equipment, and any other materials or property owned or possessed by the county for the maintenance, operation or use of such hospital or chest clinic service, and upon notice and on a date designated by the state commissioner of health, said county shall transfer to the state, without cost, the title to all of the property and appurtenances constituting such county tuberculosis hospital or county chest clinic service, including all lands, buildings, equipment, fixtures, supplies, furnishings, medical and household supplies, automotive equipment, and any other materials or property assigned to or for the maintenance, operation or use of such hospital or chest clinic service, as included in the inventory hereinbefore mentioned.4.
No outstanding bonded or other indebtedness shall be assumed by the state in the event of such transfer of title as aforesaid.5.
In the event that at any time subsequent to the taking of title by the state, the state commissioner of health determines that it is no longer economical or advisable for the state to continue the operation of such hospital or chest clinic service then, upon the discontinuance of such hospital or chest clinic service by the state, the title to the land and buildings pertaining thereto shall, without obligation on the part of such county, revert to and be revested in such county.
Source:
Section 394 — Discontinuance of hospital or county chest clinic services; procedure, https://www.nysenate.gov/legislation/laws/CNT/394 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
