Laws of New York (Last Updated: November 21, 2014) |
PBA Public Authorities |
Article 10-C. NEW YORK HEALTH CARE CORPORATIONS |
Title 6. ERIE COUNTY MEDICAL CENTER CORPORATION |
Section 3631. Special powers of the corporation
Latest version.
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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.