NY Pub Auth L § 3405 (2021)
2021 New York Laws PBA - Public Authorities Article 10-C - New York Health Care Corporations Title 2 - Nassau Health Care Corporation 3405 - Special Powers of the Corporation.

§  3405. Special powers of the corporation. In order to effectuate the purposes of  this  title,  the  corporation  shall  have  the  following additional  powers,  subject  to  this title, the civil practice law and rules, the public  health  law,  the  mental  hygiene  law,  the  social services  law,  the  education  law  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 and collect fees, rentals, and other charges for the  sale,  lease  or  sublease  of  any  such  health facility,  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  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 and collect fees and other charges for the provision  of  such  health  and  medical services;  and  to  provide  and  maintain resident physician and intern medical services; and to sponsor and conduct research,  educational  and training programs;   3. To enter into contracts, leases, subleases and other agreements for the purpose of affiliating with a medical college or related educational agency  or  institution  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;   4. 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, and to promulgate  reasonable  internal policies  for  the  conduct of all persons, physicians and nurses within such facility; and   5.  (a)  Except  as  otherwise  provided  in  any  applicable  law  or regulation, to exercise and perform all or part of its purposes, powers, duties,  functions or activities through one or more subsidiary entities 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 article.  (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  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) An entity shall be deemed a subsidiary 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.  (d)  The corporation may transfer to any subsidiary entity any monies, real or personal or mixed property in order to carry out the purposes of this title, subject to the rights of the holders of  any  bonds  of  the corporation.  (e)  Any  subsidiary  which  provides  health care services previously provided by the  county  and  transferred  by  the  corporation  to  the subsidiary  shall comply with and be subject to subdivision nine of this  section  and  subdivisions  seven  through  ten  inclusive  of   section thirty-four  hundred  two, sections thirty-four hundred ten, thirty-four hundred sixteen, thirty-four hundred seventeen and  thirty-four  hundred eighteen  of  this title as applicable. The transfer of any monies, real or personal or mixed property to a subsidiary shall be governed  by  any restrictions or limitations as the county may establish in the agreement between  the  county and the corporation as described in subdivision two of section thirty-four hundred six of this title.  (f) Any material change in the operation of  a  health  facility  that occurs  pursuant  to a transfer or agreement between the corporation and any of its subsidiaries shall require the board of such  corporation  or subsidiary  to  provide  written notice of such transfer or agreement to the county executive and majority leader  and  minority  leader  of  the county legislature within seven days of such transfer.   6.  To  contract with the county for related public health services to be determined by the county and the corporation.   7. To negotiate and make any  payments  in  lieu  of  taxes  with  any political subdivision where the corporation holds real estate.   8. To contract with the county to provide, in whole or in part, health care  services,  and  to  operate  facilities and programs which provide health care services.   9. To provide uncompensated care to persons in  need  of  health  care services without the ability to pay.   10.  (a) In carrying out its health care purposes through the exercise of the special powers exercised pursuant to this section and the general powers exercised pursuant to section thirty-four hundred  four  of  this title,   the  corporation  is  authorized  to  engage  in  arrangements, contracts, information sharing and other collaborative  activities  with public   or   private  entities  and  individuals  irrespective  of  the competitive consequences of these activities  and  notwithstanding  that these  activities  may  have the effect of displacing competition in the provision of hospital, physician, or other health care-related services. These collaborative activities may  include  without  limitation:  joint ventures;  joint  negotiations  with  physicians,  hospitals and payors, whether such negotiations result in  separate  or  combined  agreements; leases; and/or agreements which involve delivery system network creation and  operation,  provided  that,  the  corporation  shall exercise state oversight by determining whether particular collaborations  with  public or  private  entities and individuals further the interests of the state as set forth in this subdivision and in  subdivision  three  of  section thirty-four   hundred   one   of   this   title.  In  undertaking  these collaborative activities, 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.  (b) Notwithstanding the provisions of this  section,  the  corporation and  its  collaborators  shall  remain  subject  to generally applicable provisions of the public  health  law  and  regulations  thereunder.  In addition,  the  corporation  shall  file an annual report with the state department of health, as  additional  state  oversight,  concerning  the impact  of  the  collaborations  authorized  under  this  section on the advantages and disadvantages identified by the department of  health  in its   request   for   applications   for  HEAL  NY  Phase  21,  entitled "Restructuring Initiatives in Medicaid  Redesign,"  and  concerning  the impact  on reimbursement to the corporation's facilities by managed care organizations with respect to commercial  plan  members,  including  the extent  to  which rates have been negotiated that more fairly compensate the corporation's facilities for  the  cost  of  providing  services  to commercial  enrollees,  without  cross-subsidy  from  medicaid  or other  governmental programs. In response to  the  report,  the  department  of health shall have sixty days after the report has been filed to request, in  writing, that the corporation make changes to its policies to ensure that  the  collaborations  authorized  under  this  section  further the interests of the state.