NY Pub Auth L § 3406 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 2 - Nassau Health Care Corporation 3406 - Transfer of Property; Relationship With the County; Certain Gifts, Loans and Guarantees by the County.

§  3406.  Transfer  of property; relationship with the county; certain gifts, loans and guarantees by the county. 1. (a)  By  county  ordinance only,  the  county may contract, sell, convey, loan, license the use of, or lease to the  corporation  any  property  or  assets  (except  monies appropriated  by  the  county and payable to the corporation pursuant to subdivision  three  and  paragraph  (a)  of  subdivision  four  of  this section),  including  its interest in Healthfirst Inc., which are useful in connection with the exercise by the corporation of any of its  powers under  this  title in order to transfer the facilities and operations in whole or in part of any facility, operation or program of the county  of Nassau  providing  health care services, whether or not the provision of such facility, operation  or  program  by  the  county  is  specifically mandated  by  state  law,  to  the  corporation by agreement between the county and the corporation  and  any  subsequent  renewal  or  amendment thereof.  The  powers  conferred upon the county herein to sell, convey, loan, license the use of or lease property or assets of  the  county  to the  corporation  are  in  addition  to  any other powers granted to the county by law relating to the  sale,  conveyance,  alienation,  leasing, licensing or loaning of real or personal property and are not subject to any law to the extent inconsistent herewith.  (b)  Any such contract, sale, conveyance, loan, license or lease shall be upon such terms and conditions,  for  such  consideration  which  may include  cash,  services  or  any  combination  thereof which the county determines to be in the best interests of the citizens and taxpayers  of the county and for such term or terms of years, subject to the rights of the  holders  of any bonds, as the corporation and the county may agree. No real property  of  the  county  consisting  of  any  health  facility currently  operated  by  Nassau  county  shall  be  transferred  to  the corporation in fee, except under such restrictions regarding  rights  of first refusal, or other rights, to repurchase the property as the Nassau county  legislature  shall  approve  by  act.   Any such contract, sale, conveyance, lease, loan or license shall not be subject  to  referendum, permissive  or mandatory. In the event that the county contracts, sells, conveys, loans, licenses  or  leases  any  property  or  assets  to  the corporation,  the  county  may  contract  with the corporation to lease, borrow, license, operate, maintain, manage and provide services for such facilities upon such terms and conditions and for such term or terms  of years, subject to the rights of holders of bonds, as the corporation and the  county  may agree. The corporation, in furtherance of any purchase, conveyance or lease of any property or facility  from  the  county,  may assume  the  primary responsibility for the payment of the principal and interest on any bonds or notes issued by the county for such property or facility.  (c) Upon the terms and conditions and on the effective date set  forth in  the  agreement  between  the county and the corporation entered into pursuant to paragraph (a) of  subdivision  one  of  this  section,  such departments,   agencies,  facilities,  services  and  other  rights  and interest of the county pertaining to health care services as the  county or  corporation  may agree shall be transferred to the corporation. Upon any such transfer, the county is authorized to restructure or  eliminate all such departments, agencies or facilities.   2. The county may acquire by purchase, lease, or condemnation pursuant to  the  eminent  domain procedure law, real property in the name of the county for any corporate purpose of the corporation.   3. In addition to any other powers granted to it by law and consistent with the constitution and other provisions of law, the county may,  from time  to  time, appropriate sums of money to defray project costs or any other costs or expenses of the corporation including operating expenses.    Subject to the rights of bondholders, the county may determine if  the monies  so appropriated shall be subject to repayment by the corporation to the county and, in such event, the manner and time or times for  such repayment.   4. In addition to the authority granted elsewhere in this title and by other  applicable  laws, the corporation and the county may enter into a contract or contracts from time to time providing for one or more of the following:  (a) the payment  of  sums  appropriated  by  the  county  pursuant  to subdivision three of this section;  (b)  the  payment  of  sums  for  health care services provided by the corporation which could otherwise be provided directly  by  the  county, including services for uncompensated care;  (c)  services  to  be  provided  by  the county to or on behalf of the corporation;  (d) the transfer of employees of the  county  to  the  corporation  as provided in section thirty-four hundred three of this title;  (e)  indemnification  by  the  corporation  to  the  county for claims associated with establishment of and operation of  the  corporation  and its health facilities;  (f)  the sale, conveyance, loan, license or lease by the county to the corporation of any property (except monies appropriated  by  the  county and  payable  to  the  corporation  pursuant  to  subdivision  three and paragraph (a) of this subdivision) or facilities  which  are  useful  in connection  with  the  exercise  by the corporation of any of its powers under this title not transferred pursuant to the  authority  granted  in paragraph   (a)   of  subdivision  one  of  this  section,  which  sale, conveyance, loan, license or lease  shall  nevertheless  be  subject  to paragraph (b) of subdivision one of this section; and  (g)  such  other  matters  as  may  be  appropriate  to accomplish the purposes hereof.   Any such contract or contracts shall be authorized by  the  county  by resolution  or  ordinance  adopted  by the county legislature or in such other manner as permitted by the county government law of the county  of Nassau.    Such  contract  or  contracts  shall  include  such terms and conditions and have such term or terms of years, as the corporation  and the county may agree.   5.  (a)  The  county  of  Nassau  shall  have  the power and is hereby authorized, pursuant to section seven of article seventeen of the  state constitution,  to  lend  its  money  or  credit  to  or  in  aid  of the corporation or any subsidiary  thereof  for  the  purpose  of  providing health  related  facilities  or  hospital facilities for the prevention, diagnosis or treatment  of  human  disease,  pain,  injury,  disability, deformity  or  physical  condition,  and  for  facilities  incidental or appurtenant thereto as may be prescribed by law. The  county  is  hereby authorized  to prescribe such facilities by local law of the county. The corporation or any such subsidiary thereof, as a condition to  any  such loan  of  money  or credit, shall enter into a regulatory agreement with the county as to its charges, profits, dividends and disposition or  its property of franchises, which agreement shall be binding and enforceable by  the  county.    The county may elect in such regulatory agreement to refrain from exercising all or  any  portion  of  its  authority  to  so regulate such charges, profits, dividends and disposition of property or franchise to the extent such charges, profits, dividends and disposition of  property  or  franchise  are  regulated  by  the state or any agency thereof. The county shall authorize such regulatory agreement  by  local law.  (b)  In  pursuance  of  the authority granted herein, the county shall have the power and is hereby authorized from time to time to  issue  its bonds,  notes or other obligations in such principal amounts as it shall deem necessary, after taking into account  other  monies  which  may  be available  for  the  purposes  set  forth  herein.  Such bonds, notes or obligations shall be issued for the  purpose  of  making  loans  to  the corporation  or  any  subsidiary thereof, paying interest on such bonds, notes or  other  obligations,  and  paying  all  other  obligations  and expenditures incidental to and necessary or convenient for the making of such  loans.    Such  bonds,  notes  or  obligations  shall be issued in accordance with the applicable provisions of this chapter and the  local finance law and applicable local laws.  (c) Any guarantee by the county made pursuant to the authority granted in  this  section  shall be authorized by ordinance or ordinances of the county in the same manner as such ordinance  or  ordinances  authorizing the  issuance  of  bonds  of  the county for the purposes for which such guarantee is undertaken.  (d) The county shall also be authorized to enact  laws  governing  the conditions  under  which such loans, commitments and guarantees shall be made.   6. For purposes of subdivision four of paragraph a of section 25.00 of the local finance law, amounts to be derived by  the  county  of  Nassau from  the  corporation,  or any subsidiary thereof, shall be included in the term "other income".   7. (a) Notwithstanding the provisions of any other state or local  law to the contrary, including, but not limited to, sections six-n and six-j of   the  general  municipal  law,  with  the  approval  of  the  county legislature, amounts deposited for or on behalf of the health  care  and medical   facilities  or  operations  of  the  county  which  have  been transferred to the corporation pursuant to this section in the liability and casualty and workers' compensation reserve funds established by  the county  pursuant  to  said  sections  of  the general municipal law, and investment earnings thereon, may be withdrawn by the  county  from  such funds  and  transferred  to  the  corporation  and  shall be used by the corporation for the purposes for which such funds were established.  (b) No amounts shall be withdrawn and transferred to  the  corporation pursuant  to  this  subdivision unless prior thereto the corporation has agreed in writing to indemnify and hold harmless the county, and provide defense, for all claims, cases, proceedings, actions  or  other  matters against the county arising out of the properties, facilities, operations or  employees  of the corporation of the Nassau Health Care Corporation, whether commenced before or after the date of transfer of said  amounts, and to provide such other security for this obligation as the county may reasonably require.   8.  Notwithstanding  the  provisions  of any state or local law to the contrary, including but not limited to  section  six-l  of  the  general municipal  law, any monies derived by the county in consideration of the sale of its facilities or property to the corporation pursuant  to  this section may be used for any lawful purpose of the county.