§ 4405. Health maintenance organizations; powers. The powers of health
maintenance organizations, in addition to any other powers conferred by
the laws under which such organization is constructed, shall include:

1. subject to the provisions of article twenty-eight of this chapter,
the purchase, lease, construction, renovation, operation, or maintenance
of hospitals, medical facilities, or both, and their ancillary
equipment, and such property as may reasonably be required for its
principal office or for such other purposes as may be necessary in the
transaction of the business of the organization;

2. the furnishing of comprehensive health care services on a prepaid
basis through hospitals and other health care providers which are under
contract with, otherwise associated with, or employed by the health
maintenance organization;

3. the marketing, enrollment and administration of a comprehensive
health services plan;

4. the contracting with an insurer licensed in this state;

5. the offering, in addition to health care services, of benefits
covering out-of-area or emergency services;

6. the provision of additional health services not included in the
comprehensive health services plan on a fee-for-service basis, the
provision of health services on a fee-for-service basis to persons who
are not members of the enrolled population;

7. the entering into contracts in furtherance of the purposes of this
article;

8. the acceptance from government agencies, private agencies,
corporations, associations, groups, individuals, or other persons,
payments covering all or part of the cost of health care services
provided to enrollees, in accordance with the provisions of the plan and
this chapter; and

9. the indemnification of enrollees for the services of health care
providers, other than primary care practitioners responsible for
supervising and coordinating the care of enrollees, not participating in
a plan to the extent authorized in section forty-four hundred six of
this article; and

10. notwithstanding any other provision of law, to advertise the
comprehensive health services which it renders and the plan relating to
the rendition of such services, provided, however, that all information
disseminated to the public shall be strictly factual in nature and
accurate in all respects and shall not in any way be misleading to the
public.