NY Pub Auth L § 3401 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 2 - Nassau Health Care Corporation 3401 - Legislative Findings and Purpose.

§ 3401. Legislative findings and purpose. The legislature hereby finds   and declares as follows:1.  The  needs  of  the  residents of the state of New York and of the   county of Nassau can best be served  by  a  public  benefit  corporation   having  the  legal,  financial  and  managerial flexibility to take full   advantage of opportunities and  challenges  presented  by  the  evolving   health  care  environment  and to take whatever actions are necessary to   enable the corporation's continuation as a  system  which  provides  the   finest possible quality of health care consistent with costs.2.  In  order  to  accomplish  the purposes recited in this section to   provide health care services and health facilities for  the  benefit  of   the  residents  of  the  state  of  New  York  and the county of Nassau,   including to persons in need of health care services without the ability   to pay as required by law, a public benefit corporation to be  known  as   the  Nassau  Health  Care  Corporation  shall be created to provide such   services and facilities and to otherwise carry out such  purposes;  that   the  creation  and  operation  of the Nassau health care corporation, as   hereinafter provided, is in all respects for the benefit of  the  people   of  the  state  of New York and of the county of Nassau, and is a state,   county and public purpose; and that the exercise by such corporation  of   the functions, powers and duties as hereinafter provided constitutes the   performance of an essential public and governmental function.3.  As a free-standing public health care provider, the corporation is   at a competitive disadvantage in the current and  emerging  health  care   environment,  yet  it cannot become part of a larger system of corporate   entities while maintaining its public status. Significant investments in   the public assets of the corporation and its  efforts  to  provide  high   quality  health  care  services to medically underserved populations are   jeopardized by the corporation's inability to compete on its own and  by   potential  limits  on  its  ability to collaborate with other public and   private providers, entities and individuals. The state  finds  that  the   benefits of collaboration by the corporation outweigh any adverse impact   on  competition. The benefits of the corporation's collaborative efforts   include preserving and expanding needed  health  care  services  in  its   primary  service area; consolidating unneeded or duplicative health care   services; enhancing the quality of, and expanding access to, health care   delivered to  medically  underserved  populations;  lowering  costs  and   improving  the  efficiency  of the health care services it delivers; and   achieving improved reimbursement from non-governmental payors. Based  on   the  findings  contained in this section, the state hereby affirmatively   expresses a policy to allow the corporation to engage  in  collaborative   activities  consistent  with  its  health care purposes, notwithstanding   that those collaborations may have the effect of displacing  competition   in  the  provision  of  hospital, physician or other health care-related   services. With respect to the collaborative activities  contemplated  in   this  section and in subdivision ten of section thirty-four hundred five   of this title, the corporation and the public or  private  entities  and   individuals with which it collaborates shall be immunized from liability   under the federal and state antitrust laws.