Section 602. Municipal public health services plan

1. Every municipality
  shall  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 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, 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
  abating public health nuisances.
    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.