Section 1763. General powers and duties of authority  


Latest version.
  • The members of the
      authority shall have the power to:
        1. Elect from among its members annually a chairman, vice-chairman  to
      serve    in   the   absence   of   the   chairman,   a   secretary   and
      assistant-secretary to serve in the absence of the secretary. The  first
      election  shall  be held at the time of the first meeting of the members
      of the authority.
        2.  Provide  for  the  management  of  the  hospital,  including   the
      appointment  of  an  administrator  or superintendent or other executive
      officer of the authority in charge of the hospital, or  other  specially
      qualified  personnel,  who shall serve at the pleasure of the board, and
      enter  into  contracts  at  its  option  providing  such  personnel  and
      services.
        3.  To  make  effective  the  organization  of  the  district  and the
      operations of the authority, prepare an agreement for execution  by  the
      governing boards of the participating municipalities, and the authority,
      fixing and determining by formula or otherwise the amounts to be paid by
      each  participating  municipality to the authority for hospital service.
      The amounts to be paid may be based upon the ratio which  the  equalized
      assessed  valuation  of  each  municipality bears to the total equalized
      assessed valuation of all of the participating  municipalities  for  the
      year  in which the initial organization meeting is held, except that the
      city of Salamanca may  bear  a  greater  proportion  and  the  remaining
      municipalities  a  lesser  proportion  if  fixed in said agreement. Such
      agreement shall be subject to the approval of  the  governing  board  of
      each  participating  municipality  and the authority, and may be amended
      from time to time as may be necessary by such governing boards  and  the
      authority.  The  agreement  may also contain other matters pertaining to
      the organization and operation of the district, but not contradictory to
      the terms of this statute.  To  enter  into  agreements  and  amendments
      thereto  with  the  municipalities  to  provide  hospital,  medical  and
      surgical care and treatment on behalf of such municipalities, fixing the
      terms  and  conditions  upon  which  the  same  shall  be  provided  and
      containing  provisions  relating  to any other matters pertaining to the
      operation of the hospital and the facilities  thereof  not  inconsistent
      with the provisions of this act.
        4.  Erect  a new hospital and other necessary buildings and, from time
      to time, an additional medical building, receive the title by deed  from
      the  city of Salamanca to the existing Salamanca city hospital now being
      operated by the Salamanca hospital  district,  and  make  all  necessary
      improvements  and repairs and alter such existing property. In the event
      that a new hospital is erected, occupied  and  operated,  the  authority
      shall  thereafter convey to the city of Salamanca without consideration,
      the Salamanca City Hospital property which it has received from the city
      of Salamanca. The conveyance from the city of Salamanca to the Salamanca
      hospital district shall contain a provision for such re-conveyance  upon
      the building of a new hospital.
        5.  Receive  and  take over and assume title to the Salamanca hospital
      district "as is" including its equipment, books  of  account,  revenues,
      charges,  interest  in bank deposits and special funds, memorials, trust
      funds, and all other assets and liabilities.
        6. Determine the number and  employ  all  persons  necessary  for  the
      proper  operation and management of the district hospital. All personnel
      shall be subject to the  civil  service  law,  except  those  performing
      management  or  other  services  under  contract, and shall be under the
      jurisdiction of the municipal civil service commission of  the  city  of
      Salamanca which shall certify all civil service payrolls.
    
        7.  Fix  the  salary and wage and hours and terms of employment of all
      officers and employees, including  maintenance  when  the  same  may  be
      deemed appropriate and necessary by the authority.
        8.  Provide for the medical care and treatment of all persons admitted
      to the hospital, and to make the rules and  regulations  governing  such
      admittances and treatment and care and to fix appropriate charges.
        9.  Provide  for  a medical staff for the treatment of patients and to
      make rules and regulations for such staff or  authorize  such  staff  to
      make such rules and regulations subject to approval of the authority.
        10.  Have  the  general superintendance, management and control of any
      hospital under its jurisdiction and of the grounds, buildings, officers,
      employees and patients thereof; and  of  all  matters  relating  to  the
      government,  discipline, contracts and fiscal concerns thereof; and make
      such rules and regulations and by-laws as may seem to them necessary for
      carrying into effect the purpose of such hospital.
        11. Provide the method and appoint the person or persons in charge, of
      purchasing all necessary  equipment,  furniture,  appliances,  fixtures,
      food,  services  and all other things needed for the proper operation of
      said hospital and for the care and treatment of patients and for the use
      of the officers and employees thereof.
        12. Maintain an effective inspection of said hospital, and keep itself
      informed of the affairs and management thereof.
        13. Hold at least one  meeting  each  month  of  the  members  of  the
      authority,   and  provide  for  regular  and  special  meetings  of  the
      authority. The annual meeting shall be held during the month of  January
      as determined by the authority.
        14.  Keep  in  a book provided for that purpose a proper record of its
      proceedings to be known as its minute book, which shall be open  at  all
      times to the inspection of its members. Such record of proceedings shall
      be   open   at   all   times  for  the  inspection  of  duly  authorized
      representatives of the state department of health  and  of  other  state
      departments or agencies authorized by law to inspect such records.
        15.  Approve all bills and accounts, including salaries and wages, and
      record the same in its minute book, and provide for their payment.
        16. Appoint a treasurer, or deputy treasurer to  act  in  his  or  her
      absence,  who shall keep a proper record as directed by the authority of
      the bills and accounts and pay the same as approved  by  the  authority,
      and  who  shall  make  such  reports as directed by the authority, which
      shall be at least once each month.
        17. Make an annual report of  the  operations  of  the  hospital,  the
      number  of  patients received, the annual income and operating expenses,
      the amount of bonds, notes and other  obligations  and  interest  to  be
      retired  and  paid, and other pertinent matters to, and of the amount of
      the annual contribution required of, the city of Salamanca  and  of  the
      participating  towns,  with  such reports to be directed to the mayor of
      said city and to the supervisor of said towns respectively.
        18. Provide for ambulance service to bring patients to or remove  them
      from  said  hospital,  either  by itself or by contract with the city of
      Salamanca, or another municipality in the district  or  with  a  private
      concern,  and to adopt a schedule of appropriate charges and provide for
      the collection of the same.  Any  such  contract  may  provide  for  the
      purchase  of  equipment,  hiring  and  payment  of  necessary employees,
      establishment of a schedule of  charges  and  collection  of  the  same,
      payment  by  the hospital of said collections or other costs to the city
      of Salamanca, or other municipality or private  concern,  supplying  the
      service, reimbursement to said supplier, and for coverage with insurance
      or  by  existing  provisions  of  law  of  all employees engaged in, and
      persons using such service, and other necessary matters.
    
        19. Institute actions at law and inequity for the collection of claims
      and obligations due to the hospital from any and all causes, or for  the
      enforcement  of  any  cause  of  action, and to prosecute, compromise or
      settle such claims, obligations and  causes  of  action,  or  to  defend
      against  causes  of  action,  and to retain counsel to act for it in any
      such litigation.
        20. To have a seal.
        21. To acquire, hold and dispose of personal property at its pleasure.
        22. To acquire in the name  of  the  authority,  by  purchase,  grant,
      lease,  gift  or  condemnation,  real  property  or  rights or easements
      necessary or convenient for its corporate purposes and to sell, exchange
      or otherwise dispose of any such property not needed for  its  corporate
      purposes.  The authority may exercise the power of condemnation pursuant
      to the provisions of the condemnation law.
        23. To accept gifts, devises, grants, or contributions from the United
      States, the state of New York,  or  any  agency  or  instrumentality  of
      either  of them, or any county or municipality or from a corporation, or
      any person, by conveyance, bequest  or  otherwise,  and  to  expend  the
      proceeds  for any purpose of the authority, and to enter into a contract
      with the United  States,  the  state  of  New  York,  or  an  agency  or
      instrumentality of either of them, or any participating municipality, to
      accept   gifts,   devises,   grants,  loans  or  contributions  for  the
      furtherance of any purpose of the authority, including the building  and
      equipment  of  a  new  hospital,  on such terms and conditions as may be
      agreed upon between the authority and any  such  legal  entity,  and  to
      invest  moneys  as  authorized  by  the general municipal law in capital
      reserve funds or otherwise.
        24. To designate the depositories of its money.
        25. To do all things necessary or convenient to carry out its purposes
      and exercise the powers expressly given in this title.
        26. Enter into a contract or contracts with the county of Cattaraugus,
      for the joint use of facilities and equipment in a new hospital.
        27. Perform all acts and do all things permitted and authorized by the
      public authorities law.
        28.  Plans  for  the  construction  of  a  new  hospital  or  for  the
      improvement,  repair or alteration of existing buildings of the district
      hospital shall be subject to the approval of  the  state  department  of
      health.
        29.  The hospital and its facilities shall be subject to inspection by
      duly authorized representatives of the state department of  health,  who
      shall  be  given access on demand to all records, reports, books, papers
      and accounts of the hospital.