2006 New York Code - Discontinuance Of Hospital Or County Chest Clinic Services; Procedure.

 
    §  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.