Header:
NEW YORK CONSOLIDATED LAW SERVICE
PUBLIC HEALTH LAW
ARTICLE 6. STATE AID TO CITIES AND COUNTIES
TITLE I. STATE AID FOR BASIC SERVICES
Date:
08/31/2009
Document:
ยง 602. Municipal public health services plan
1. Every municipality shall [fig 1] every four years, on such dates as may be fixed by the commissioner, submit to the commissioner for his or her approval a public health services plan.
2. The plan shall include at least the following:
(a) an estimate and description of the immediate and long term needs for public health services in the municipality, particularly those services that are needed to promote public health and prevent illness;
(b) a statement and description of the public health objectives which the municipality intends to achieve, including how the public health services funded by this title will maintain and improve the health status of its residents, maintain and improve the accessibility and quality of health care, and assist in containing the costs of the health care system;
(c) a description of the programs for achieving those goals;
(d) a projected [fig 1] four-year plan of expenditures necessary to implement the programs;
(e) a general description of the availability of health services;
(f) the number of staff people required to provide the services as funded by this title;
(g) a fee and revenue plan pursuant to subdivision one of section six hundred six of this title;
(h) evidence that the governing body of the municipality has adopted the plan as the basis for the municipality's public health activities;
(i) such other information as the commissioner may require pursuant to rules and regulations that he may adopt.
3. The commissioner shall review each health services plan submitted to him and, on the basis of such review, issue a notice of intent to disapprove the plan or approve the plan, with or without conditions, within ninety days of his receipt of the plan. In determining whether to approve or disapprove a plan, the commissioner shall consider the following:
(a) The extent to which the plan, once implemented, will satisfy standards which the commissioner has promulgated through rules and regulations after consulting with the public health council and county health commissioners, boards and public health directors. Such standards shall be for services funded under this title and shall include but not be limited to the effects such services shall have on mortality and morbidity and the reduction of potential public health hazards. The commissioner shall not have the power to prescribe the number of persons to be employed in any municipality.
(b) The extent to which services in the plan will promote the public health, which, as defined herein, shall be enhancing or sustaining the public health, protecting the public from the threats of disease and illness, or preventing premature death, and which assist in containing the costs of the health care system. Services that promote the public health are the following:
(1) family health, which shall include activities designed to reduce perinatal, infant and maternal mortality and morbidity and to promote the health of infants, children, adolescents, and people of childbearing age. Such activities shall include family centered perinatal care and other services appropriate to promote the birth of a healthy baby to a healthy mother, and services to prevent and detect health problems in infants, young children, and school age children.
(2) disease control, which shall include activities to control and mitigate the extent of non-infectious diseases, particularly those of a chronic, degenerative nature, and infectious diseases. Such activities shall include surveillance and epidemiological programs, and programs to detect diseases in their early stages. Specific activities shall include immunizations against infectious diseases [fig 1] , prevention and treatment of sexually transmissible diseases, and arthropod vector-borne disease prevention.
(3) health education and guidance, which shall include the use of information and education to modify or strengthen practices that will promote the public health and prevent illness. Such activities shall encourage people to assume personal responsibility for maintaining and improving their own health; increase their capacity to utilize appropriate health services; help them better control an illness they may have; and, provide information to stimulate community action on social and physical environmental factors that impact on health. Special emphasis shall be given to providing health education and guidance to individuals at the same time as they are receiving a health service.
(4) community health assessment, which shall include an analysis of community vital statistics and mortality and morbidity indices to detect the source of illnesses and diseases, particularly those of a carcinogenic and mutagenic nature, in order to prevent in an efficient manner as many persons as possible from contracting such illnesses and diseases and to assist in addressing other problems adversely affecting the public health. Such analysis shall also include data relating to toxic sites and occupational illnesses.
(5) environmental health, which shall include activities that promote health and prevent illness by ensuring sanitary conditions in water supplies, food service establishments, and other permit sites, and by [fig 1] assuring the abatement of public health nuisances by responsible parties.
The commissioner shall promulgate rules and regulations that define the specific activities within each of the five categories. The commissioner prior to promulgation of rules and regulations defining the nature of the specific activities, shall consult with the public health council and county health commissioners, boards and public health directors. The list of specific activities may be altered by the commissioner as necessary and after his consultation with the council, commissioners, boards and public health directors named herein.
(c) The extent to which the municipality shall provide effective administrative support and guidance to implement the plan.
(d) The extent to which there will be coordination among public health service programs.
(e) The extent to which the plan is consistent with the state health plan, the statewide plans, and program goals adopted by the commissioner.
(f) The particular capabilities of the municipality submitting the plan taking into account available state and local resources.
4. The commissioner shall notify such municipality, in writing, of the approval of the municipal public health services plan and the fee and revenue plan required pursuant to section six hundred six of this chapter or, if the plans or any parts thereof appear deficient, he shall advise them in writing of the deficiencies. The municipality shall have an opportunity, within thirty days of the notice, in consultation with the department, to resolve the deficiencies. Upon failure to resolve the deficiencies, the commissioner shall notify the municipality in writing of his intent to disapprove the plans or any portion thereof. The notice of intent shall state the specific portions of the plans that are not approved, the reasons for the determination which must include, when appropriate, an explanation of how the plans or portions thereof would not have satisfied the standards promulgated pursuant to paragraph (a) of subdivision three of this section. Any municipality which has received a notice of intent to disapprove shall have the right to a hearing pursuant to section twelve-a of this chapter. Following a hearing, the commissioner shall issue a decision approving or disapproving the plans or any portion thereof. If the plans or any portions thereof are disapproved, the municipality may, within thirty days of the commissioner's decision, submit a revised plan in conformance with the commissioner's decision. A decision disapproving either plan or any portions thereof shall be reviewable pursuant to article seventy-eight of the civil practice law and rules notwithstanding the submission of a revised plan by the municipality.
5. The approved public health services plans and the fee and revenue plans may be amended at any time with the commissioner's approval in accordance with regulations which the commissioner may adopt.
6. The commissioner may approve a public health services plan in which the municipality actually provides fewer services than those set forth in paragraph (b) of subdivision three of this section as long as the plan identifies the availability of other services, who will provide them, and the manner in which they will be provided and financed.
|