§ 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 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.

10. As set forth in section thirty-six hundred twenty-six of this
title, the creation and operation of the Erie County Medical Center
Corporation is in all respects for the benefit of the people of the
state of New York and of the county of Erie and is a state, county, and
public purpose. The exercise by such corporation of the functions,
powers, and duties provided in this title constitutes the performance of
an essential public and governmental function. The corporation has
advised that it intends to continue engaging in certain collaborative
activities with, and limited to, the other parties to the Great Lakes
Health, Inc. Restated Binding Agreement of 2012 and the University at
Buffalo of the State University of New York for the purpose of promoting
improved quality of and access to health care services and improved
clinical outcomes, consisting of: (a) development of a non-exclusive
joint health information technology platform; (b) joint marketing of
health care services; (c) joint purchasing of services, supplies and
equipment related to the provision of health care services; (d)
development of a joint set of clinical quality standards; (e)
coordination and integration of clinical services to reduce redundancy
and increase efficiency; (f) joint management of graduate medical
education and academic affiliations; and (g) joint discussions with
rural hospitals regarding the possibility of coordinating and
integrating clinical services. To promote improved quality of and access
to health care services and improved clinical outcomes, and consistent
with the corporation's furtherance of its health care purposes through
the exercise of the special powers exercised pursuant to this section
and the general powers exercised pursuant to this title, it is the
policy of the state to supplant competition for the purpose of
immunizing the planning and implementation of the enumerated activities
by the corporation in collaboration with any one of the aforementioned
entities from liability under the federal and state antitrust laws, to
the extent that such collaborative activities are reflected in
agreements executed by two or more of the aforementioned entities during
such time as the Great Lakes Health, Inc. Restated Binding Agreement of
2012 remains in effect; provided, however, that nothing in this
subdivision shall be construed to extend such declaration of policy to
any activities other than those specifically enumerated and described
herein, which remain subject to any and all applicable state and federal
antitrust laws.