NY Pub Auth L § 3631 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 6 - Erie County Medical Center Corporation 3631 - Special Powers of the Corporation.

§  3631. Special powers of the corporation. In order to effectuate the purposes of  this  title,  the  corporation  shall  have  the  following additional  powers,  except  as limited by this title, the public health law, the mental hygiene law, the social services law, the education law, the civil practice law and  rules,  and  any  other  applicable  law  or regulation:   1.  To  operate,  manage, superintend, and control any health facility under its jurisdiction and to repair, maintain, and  otherwise  keep  up any  such  health  facility, and to establish, collect, and adjust fees, rentals, and other charges for the sale, lease, or sublease of any  such health facility or real property, subject to the terms and conditions of any contract, lease, sublease, or other agreement with the county;   2.  To provide health and medical services for the public, directly or by agreement or  lease  with  any  person,  firm,  partnership,  limited liability  company,  or  private  or  public  corporation or association through or in the health facilities of the corporation or otherwise, and to make internal policies governing admissions and  health  and  medical services;  and  to establish, collect, and adjust fees and other charges for the provision of such health and medical services;  and  to  provide and  maintain  training  programs for resident physicians, post-graduate clinical fellows, graduate students, other allied  health  professionals and  intern  medical  services;  and  to  sponsor  and conduct research, educational, and training programs;   3. To provide uncompensated care to persons in  need  of  health  care services without the ability to pay;   4.  To  provide,  maintain,  and  operate a medical transport service; provided, however, that nothing  in  this  section  shall  prohibit  the corporation from adopting a schedule of charges for medical transport;   5. To participate in managed care networks, fee-for-service, and other joint   and  cooperative  arrangements  for  the  provision  of  general comprehensive and specialty health care services,  directly  or  through contract with other service providers or entities;   6.   To   establish  subsidiary  corporations  or  other  entities  in accordance with subdivision nine of this section:  (a) to meet the demands of health care delivery changes; and  (b) to market, manufacture, or develop products or services  developed by the corporation's clinical and research activities;   7.  To  enter  into contracts, leases, subleases, and other agreements for the purpose of affiliating  with  a  medical  college  or  colleges, including  the  state  university  of  New York, in conjunction with the corporation's health facilities, which agreements may  provide  for  the management,   operation,   and   staffing   of  health  facilities,  the reconstruction,  renovation,  or  addition  to  health  facilities;  the provision  of  necessary  facilities,  utilities, and services; and such other conditions or features necessary and proper for such  purpose  and for the public health and general welfare;   8. To determine the conditions under which a physician may be extended the   privilege  of  practicing  within  a  health  facility  under  the jurisdiction of  the  corporation,  to  promulgate  reasonable  internal policies  for  the conduct of all persons, physicians, and allied health practitioners within such facility, and to appoint and grant  privileges to qualified and competent clinical practitioners; and   9.  (a) Except as provided in this subdivision or as expressly limited by any applicable state law or regulation, to exercise and  perform  all or  part  of  its  purposes,  powers,  duties,  functions, or activities through one or  more  subsidiary  corporations  or  companies  owned  or controlled  wholly  or in part by the corporation, which shall be formed pursuant to the business corporation law, the limited liability  company  law,  or the not-for-profit corporation law, in each case subject to all the limitations provided in this title.  (b)  Any  such  subsidiary  may  be  authorized to act as a general or limited partner in a partnership or as a member of a  limited  liability company  and  to  enter  into  an arrangement calling for an initial and subsequent payment by such subsidiary in consideration of an interest in revenues or other contractual rights.  (c) No subsidiary of the corporation shall own,  operate,  manage,  or control  the  existing  acute  inpatient  and  outpatient facilities and services in  operation  as  part  of  the  Erie  County  Medical  Center healthcare network on the effective date of this title.  (d)  An  entity  shall  be  deemed a subsidiary corporation or company whenever and so long as: (i) more than half of any voting shares of such subsidiary are owned or held by the corporation or (ii)  a  majority  of the  directors, trustees, or members of such subsidiary are designees of the corporation.   10. As set forth in section  thirty-six  hundred  twenty-six  of  this title,  the  creation  and  operation  of the Erie County Medical Center Corporation is in all respects for the benefit  of  the  people  of  the state  of New York and of the county of Erie and is a state, county, and public purpose. The exercise  by  such  corporation  of  the  functions, powers, and duties provided in this title constitutes the performance of an  essential  public  and  governmental  function.  The corporation has advised that it intends to continue engaging  in  certain  collaborative activities  with,  and  limited to, the other parties to the Great Lakes Health, Inc.  Restated Binding Agreement of 2012 and the  University  at Buffalo of the State University of New York for the purpose of promoting improved  quality  of  and  access  to health care services and improved clinical outcomes, consisting of: (a)  development  of  a  non-exclusive joint  health  information  technology  platform; (b) joint marketing of health care services; (c) joint purchasing  of  services,  supplies  and equipment  related  to  the  provision  of  health  care  services;  (d) development  of  a  joint  set  of  clinical  quality   standards;   (e) coordination  and  integration of clinical services to reduce redundancy and increase  efficiency;  (f)  joint  management  of  graduate  medical education  and  academic  affiliations;  and  (g) joint discussions with rural  hospitals  regarding  the   possibility   of   coordinating   and integrating clinical services. To promote improved quality of and access to  health  care services and improved clinical outcomes, and consistent with the corporation's furtherance of its health care  purposes  through the  exercise  of  the special powers exercised pursuant to this section and the general powers exercised pursuant  to  this  title,  it  is  the policy  of  the  state  to  supplant  competition  for  the  purpose  of immunizing the planning and implementation of the enumerated  activities by  the  corporation in collaboration with any one of the aforementioned entities from liability under the federal and state antitrust  laws,  to the   extent   that  such  collaborative  activities  are  reflected  in agreements executed by two or more of the aforementioned entities during such time as the Great Lakes Health, Inc. Restated Binding Agreement  of 2012  remains  in  effect;  provided,  however,  that  nothing  in  this subdivision shall be construed to extend such declaration of  policy  to any  activities  other  than those specifically enumerated and described herein, which remain subject to any and all applicable state and federal antitrust laws.