§ 5. General powers of the corporation. The corporation shall have the
following powers in addition to those specifically conferred elsewhere
in this act:

1. To sue and be sued;

2. To have a seal and to alter the same at its pleasure;

3. To adopt, alter, amend or repeal by-laws or rules or regulations
for the organization, management, and regulation of its affairs;

4. To borrow money and to issue negotiable notes, bonds or other
evidences of indebtedness and to provide for the rights of the holders
thereof in accordance with the provisions of this act; provided,
however, that the corporation shall not issue bonds, notes or other
evidences of indebtedness for the construction of a health facility
without the prior approval of the mayor and, in the case of major
construction, without first submitting to the mayor a written statement
of the chairman of the board stating that the corporation has consulted
with the New York State housing finance agency and the New York State
health and mental hygiene facilities improvement corporation with
respect to such major construction.

5. To make and to execute contracts and leases and all other
agreements or instruments necessary or convenient for the exercise of
its powers and the fulfillment of its corporate purposes;

6. To acquire, by purchase, gift, devise, lease or sublease, and to
accept jurisdiction over and to hold and own, and dispose of by sale,
lease or sublease, real or personal property, including but not limited
to a health facility, or any interest therein for its corporate
purposes; provided, however, that no health facility or other real
property acquired or constructed by the corporation shall be sold,
leased or otherwise transferred by the corporation without public
hearing by the corporation after twenty days public notice and without
the consent of the board of estimate of the city;

7. 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 and collect fees, rentals or
other charges, including reimbursement allowances, for the sale, lease
or sublease of any such health facility, subject to the terms and
conditions of any contract, lease, sublease or other agreement with the
city;

8. To provide health and medical services for the public directly or
by agreement or lease with any person, firm or private or public
corporation or association, through and in the health facilities of the
corporation and to make rules and regulations governing admissions and
health and medical services; and to establish and collect fees and other
charges, including reimbursement allowances, for the provision of such
health and medical services; and to provide and maintain continuous
resident physician and intern medical services; and to sponsor and
conduct research, educational and training programs;

9. To provide, maintain and operate an ambulance service to bring
patients to or remove them from any health facility of the corporation,
and to adopt a schedule of appropriate charges and to provide for the
collection thereof;

10. To determine, in accordance with standards established by the
administration, the conditions under which a physician may be extended
the privilege of practicing within a health facility under the
jurisdiction of the corporation, and to promulgate reasonable rules and
regulations for the conduct of all persons, physicians and nurses within
any such facility;

11. To employ officers, executives, management personnel, and such
other employees who formulate or participate in the formulation of the
plans, policies, aims, standards, or who administer, manage or operate
the corporation and its hospitals or health facilities, or who assist
and act in a confidential capacity to persons who are responsible for
the formulation, determination and effectuation of management policies
concerning personnel or labor relations, or who determine the number of,
and appointment and removal of, employees of the corporation, fix their
qualifications and prescribe their duties and other terms of employment.

All such personnel shall be excluded from collective bargaining
representation.

12. To employ such other employees as may be necessary and except as
otherwise provided herein to promulgate rules and regulations relating
to the creation of classes of positions, position classifications, title
structure, class specifications, examinations, appointments, promotions,
voluntary demotions, transfers, re-instatement, procedures relating to
abolition or reduction in positions, to determine the number of and to
appoint, remove and discipline employees, to prescribe their duties, fix
their qualifications, salaries, wages, fringe benefits, hours, work
schedules, assignments and re-assignments, leaves of absence, annual
leave, other time and leave rules and other terms of employment.

13. To prepare, or cause to be prepared, plans, specifications,
designs and estimates of costs for the construction and equipment of
health facilities; provided, however, that such plans, specifications,
designs and estimates of cost shall, to the extent required by law, be
subject to the approval of the council prior to the implementation
thereof;

14. To construct and equip, or by contract cause to be constructed and
equipped, health facilities, subject to the approval of the council;

15. To apply for and/or to receive and accept any gifts or grants of
money, property or services or other aid, including any reimbursement
allowance, offered or made available to it by any person, government or
agency whatever, for use by the corporation in carrying out its
corporate purposes and in the exercise of its powers; and to negotiate
for the same upon such conditions as the corporation may determine to be
necessary, convenient or desirable; and to comply, subject to the
provisions of this act, with the terms of any such gifts, grants or
other aid;

16. To invest any funds held in reserves or sinking funds, or any
funds not required for immediate use or disbursement, at the discretion
of the corporation, in obligations of the city, state or federal
government or obligations the principal and interest of which are
guaranteed by the city, state or federal government;

17. To procure insurance, or obtain indemnification, against any loss
in connection with the assets of the corporation or any liability in
connection with the activities of the corporation, such insurance or
indemnification to be procured or obtained in such amounts, and from
such sources, as the corporation deems to be appropriate;

18. To cooperate with any organization, public or private, including
the health and mental hygiene facilities improvement corporation as
established by an act entitled the health and mental hygiene facilities
improvement act, and the New York state housing finance agency, the
objects of which are similar to the purposes of the corporation;

19. To use agents, employees and facilities of the city, subject to
such limitations as may be prescribed by collective bargaining
agreement, and subject to the consent of the mayor;

20. (a) To exercise and perform all or part of its purposes, powers,
duties, functions or activities through one or more wholly-owned
subsidiary public benefit corporations subject to limitations provided
herein. The board of the corporation by resolution may direct any of the
directors, officers or employees of the corporation to organize any such
subsidiary corporation as a public benefit corporation by executing and
filing with the secretary of state a certificate of incorporation, which
may be amended from time to time by filing with the secretary of state,
and which shall set forth the name of such public benefit corporation,
its duration, the location of its principal offices and any or all of
the powers and purposes of such corporation, provided, however, that no
such subsidiary corporations shall be established for the purpose of
operating a health facility or the delivery of direct patient care
without the prior approval of the mayor and, except in the case of the
Harlem Hospital Center or the new Harlem Hospital Center, until at least
two years shall have elapsed from the effective date of this act.

(b) No subsidiary corporation shall have the power to engage in
collective bargaining or negotiate with any organization representing
any of its employees, or to enter into collective bargaining agreements
with any such organization. Each such subsidiary corporation shall
operate under personnel administration policies, practices, procedures
and programs, and terms and conditions of employment of the corporation,
including those agreed to in collective bargaining and determined by the
comptroller of the city pursuant to section two hundred twenty of the
labor law.

(c) Each such subsidiary corporation and any of its properties,
functions and activities shall have all of the privileges, immunities,
tax exemptions and other exemptions of the corporation and of the
corporation's properties, functions and activities except, however, no
such subsidiary corporation shall issue bonds and notes or form
subsidiary corporations. Each such subsidiary corporation shall be
subject to suit in accordance with the provisions of section twenty of
this act. Any state, city, commission, agency, officer, department,
division or person is authorized to cooperate with and enter into such
agreements with a subsidiary corporation subject to the provisions of
this act and to any agreement entered into pursuant thereto; provided,
however, that each such subsidiary corporation shall be subject to any
restrictions, approvals, and limitations to which the corporation may be
subject;

* 20-a. To establish employment goals in accordance with the program
established pursuant to section 3502 of the New York city charter,
including but not limited to employment goals established pursuant to
paragraph 7 of subdivision a and the corresponding best efforts
provisions set forth in subdivision d of such section; provided,
however, that where a provision of such section requires action by the
director of the office of community hiring and workforce development,
such action shall not be taken by the director of the office of
community hiring and workforce development but shall be taken by a duly
appointed designee of the corporation; and

* NB Effective May 15, 2024

* NB Repealed May 15, 2029

21. To do any and all things necessary, convenient or desirable to
carry out its corporate purposes, and for the exercise of the powers
given to it in this act.