Legislation
SECTION 3555
Special powers of the corporation
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 10-C, TITLE 4
§ 3555. Special powers of the corporation. In order to effectuate the
purposes of this title, the corporation shall have the following
additional powers:
1. to contract with the state to operate, manage, superintend and
control the Roswell Park Cancer Institute; and to establish, collect and
adjust fees, rentals, and other charges for the lease or sublease of
such health facility, subject to the terms and conditions of any
contract, lease, sublease or other agreement with the state;
2. 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 or in the facilities of the
corporation or in other health care facilities and to make internal
policies governing admissions and health and medical services;
3. to provide and maintain training programs for resident physicians,
post-graduate clinical fellows, graduate students and other allied
health professionals;
4. to sponsor and conduct research, educational and training programs;
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 including employees or
entities of the state;
6. to establish subsidiary corporations or other entities in
accordance with subdivision ten 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 affiliate with a medical college or colleges;
8. to contract to use employees, agents, consultants and facilities of
the state, paying the state its agreed proportion of the compensation or
costs pursuant to an agreement with the state;
9. 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 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;
10. except as provided in this subdivision or as expressly limited by
any applicable state law or regulation, and in support of the powers
granted by subdivisions five and six of this section, to form and to
participate in the formation of one or more corporations, and to
exercise and perform such purposes, powers, duties, functions or
activities through one or more subsidiary corporations or other entities
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, the not-for-profit corporation law, or the partnership law;
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 enter into an arrangement calling for an initial and subsequent
payment or payments or contributions to capital by such subsidiary in
consideration of an interest in revenues or other contractual rights. An
entity shall be deemed a subsidiary corporation whenever and so long as
(a) more than half of any voting shares or other membership interest of
such subsidiary are owned or held by the corporation or (b) a majority
of the directors, trustees or members of such subsidiary are designees
of the corporation;
11. to take all necessary and appropriate steps and arrangements to
develop a plan and, on or before January first, two thousand fourteen,
seek the necessary approvals to execute such plan which may include but
are not limited to entering into arrangements, mergers or other
affiliations with one or more health care, academic or other entities
for the purposes of protecting and promoting the health of the patients
served by its health facilities, advancing the corporation's mission of
conducting innovative research into the causes and treatment of cancer,
securing its financial viability and achieving operational and fiscal
independence from the state, and to the extent possible, contributing to
the economic revitalization of the region; provided that the
commissioner of health shall monitor such steps and arrangements and
participate with the corporation in establishment of goals and
benchmarks for the achievement of such independence, and the corporation
shall make requests for assistance and approvals needed to execute such
steps and arrangements.
12. No subsidiary of the corporation shall own, operate, manage or
control the existing research, education, acute inpatient or outpatient
facilities and services now operated by the Roswell Park Cancer
Institute.
purposes of this title, the corporation shall have the following
additional powers:
1. to contract with the state to operate, manage, superintend and
control the Roswell Park Cancer Institute; and to establish, collect and
adjust fees, rentals, and other charges for the lease or sublease of
such health facility, subject to the terms and conditions of any
contract, lease, sublease or other agreement with the state;
2. 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 or in the facilities of the
corporation or in other health care facilities and to make internal
policies governing admissions and health and medical services;
3. to provide and maintain training programs for resident physicians,
post-graduate clinical fellows, graduate students and other allied
health professionals;
4. to sponsor and conduct research, educational and training programs;
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 including employees or
entities of the state;
6. to establish subsidiary corporations or other entities in
accordance with subdivision ten 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 affiliate with a medical college or colleges;
8. to contract to use employees, agents, consultants and facilities of
the state, paying the state its agreed proportion of the compensation or
costs pursuant to an agreement with the state;
9. 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 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;
10. except as provided in this subdivision or as expressly limited by
any applicable state law or regulation, and in support of the powers
granted by subdivisions five and six of this section, to form and to
participate in the formation of one or more corporations, and to
exercise and perform such purposes, powers, duties, functions or
activities through one or more subsidiary corporations or other entities
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, the not-for-profit corporation law, or the partnership law;
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 enter into an arrangement calling for an initial and subsequent
payment or payments or contributions to capital by such subsidiary in
consideration of an interest in revenues or other contractual rights. An
entity shall be deemed a subsidiary corporation whenever and so long as
(a) more than half of any voting shares or other membership interest of
such subsidiary are owned or held by the corporation or (b) a majority
of the directors, trustees or members of such subsidiary are designees
of the corporation;
11. to take all necessary and appropriate steps and arrangements to
develop a plan and, on or before January first, two thousand fourteen,
seek the necessary approvals to execute such plan which may include but
are not limited to entering into arrangements, mergers or other
affiliations with one or more health care, academic or other entities
for the purposes of protecting and promoting the health of the patients
served by its health facilities, advancing the corporation's mission of
conducting innovative research into the causes and treatment of cancer,
securing its financial viability and achieving operational and fiscal
independence from the state, and to the extent possible, contributing to
the economic revitalization of the region; provided that the
commissioner of health shall monitor such steps and arrangements and
participate with the corporation in establishment of goals and
benchmarks for the achievement of such independence, and the corporation
shall make requests for assistance and approvals needed to execute such
steps and arrangements.
12. No subsidiary of the corporation shall own, operate, manage or
control the existing research, education, acute inpatient or outpatient
facilities and services now operated by the Roswell Park Cancer
Institute.