2012 New York Consolidated Laws
PBH - Public Health
Article 30 - (3000 - 3032) EMERGENCY MEDICAL SERVICES
3010 - Area of operation; transfers.

 
    §  3010.  Area  of  operation; transfers.   1. Every ambulance service
  certificate or statement of registration issued under this article shall
  specify the primary territory within which the ambulance  service  shall
  be  permitted  to  operate.  An ambulance service shall receive patients
  only within the primary territory specified  on  its  ambulance  service
  certificate  or  statement of registration, except: (a) when receiving a
  patient which it initially transported to a facility or location outside
  its primary territory; (b) as required for the fulfillment of  a  mutual
  aid  agreement  authorized  by  the  regional  council; (c) upon express
  approval of  the  department  and  the  appropriate  regional  emergency
  medical  services  council  for  a maximum of sixty days if necessary to
  meet an  emergency  need;  provided  that  in  order  to  continue  such
  operation  beyond  the  sixty  day  maximum  period necessary to meet an
  emergency need, the ambulance service must satisfy the  requirements  of
  this  article,  regarding determination of public need and specification
  of the  primary  territory  on  the  ambulance  service  certificate  or
  statement  of registration; or (d) an ambulance service or advanced life
  support first response service organization formed to serve the need for
  the provision of emergency  medical  services  in  accordance  with  the
  religious  convictions  of a religious denomination may serve such needs
  in an area adjacent to such primary territory and, while responding to a
  call for such service, the needs of other residents of such area at  the
  emergency  scene.  Any ambulance service seeking to operate in more than
  one region shall make application to each appropriate regional  council.
  Whenever an application is made simultaneously to more than one regional
  council,  the  applications  submitted to the regional councils shall be
  identical, or copies of each application shall be submitted to  all  the
  regional councils involved.
    2.  No  ambulance service certificate shall be transferable unless the
  regional council and the department reviews and approves the transfer as
  follows:
    a. Any change in the individual who  is  the  sole  proprietor  of  an
  ambulance  service  shall only be approved upon a determination that the
  proposed new operator is competent and fit to operate the service.
    b. Any change in a partnership which is  the  owner  of  an  ambulance
  service  shall  be  approved  based  upon  a  determination that the new
  partner or partners are competent and fit to operate  the  service.  The
  remaining  partners  shall  not  be  subject  to a character and fitness
  review.
    c. Any transfer, assignment or other disposition  of  ten  percent  or
  more  of the stock or voting rights thereunder of a corporation which is
  the owner of an ambulance service, or any transfer, assignment or  other
  disposition  of  the  stock  or  voting  rights  thereunder  of  such  a
  corporation which results in the ownership or control of ten percent  or
  more  of  the  stock or voting rights thereunder by any person, shall be
  approved  based  upon  a  determination  that  the  new  stockholder  or
  stockholder  proposing  to  obtain  ten  percent or more of the stock or
  voting rights thereunder of such corporation is  competent  and  fit  to
  operate  the service. The remaining stockholders shall not be subject to
  a character and fitness review.
    d. Any transfer of all  or  substantially  all  of  the  assets  of  a
  corporation  which  owns or operates a certified ambulance service shall
  be approved based upon a determination that the individual, partnership,
  or corporation proposing to obtain  all  or  substantially  all  of  the
  assets of the corporation is competent and fit to operate the service.
    e.  Any  transfer  affected  in the absence of the review and approval
  required by this section shall be null and void and the  certificate  of
  such ambulance service shall be subject to revocation or suspension.

    3.  Nothing  contained  in this section shall be construed to prohibit
  any voluntary ambulance service authorized by its governing authority to
  do so from transporting any sick or  injured  resident  of  its  primary
  territory  from  any  general  hospital  or  other  health care facility
  licensed  by  the  department,  whether  or not such general hospital or
  health care facility is within the service's primary territory,  to  any
  other   general  hospital  or  health  care  facility  licensed  by  the
  department for  further  care,  or  to  such  resident's  home.  Nothing
  contained in this section shall be construed to prohibit any proprietary
  ambulance  service  authorized  by  its  governing  body  to  do so from
  transporting any sick or injured patient from any  general  hospital  or
  other  health  care  facility  licensed by the department whether or not
  such general hospital or health care facility is  within  the  service's
  primary territory, to any other general hospital or health care facility
  licensed  by  the  department within the service's primary territory for
  further care, or to such patient's  home,  if  such  patient's  home  is
  within  its  primary  territory. Any ambulance service owned by or under
  contract to a general hospital licensed by the department may  transport
  any  specialty  patient  from  any other general hospital or health care
  facility  licensed  by  the  department  to  the  hospital  owning  such
  ambulance  service,  or  with  which  it  has  a contract. Categories of
  specialty patients shall be defined  by  rule  by  the  state  emergency
  medical services council, subject to the approval of the commissioner.
    4.  No ambulance service certificate of an ambulance service which has
  discontinued operations for a continuous period in excess of thirty days
  shall be transferable without the approval of the  appropriate  regional
  council.