Section 3631. Special powers of the corporation  


Latest version.
  • 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.