2023 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.