2023 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.