2023 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.