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  companylaw,  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.