§ 3555 — Special powers of the corporation

New York § 3555

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 4: Roswell Park Cancer Institute Corporation Act
• Art. 10-C: New York Health Care Corporations

Text

§ 3555. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following\nadditional powers:\n 1. to contract with the state to operate, manage, superintend and\ncontrol the Roswell Park Cancer Institute; and to establish, collect and\nadjust fees, rentals, and other charges for the lease or sublease of\nsuch health facility, subject to the terms and conditions of any\ncontract, lease, sublease or other agreement with the state;\n 2. to provide health and medical services for the public directly or\nby agreement or lease with any person, firm or private or public\ncorporation or association through or in the facilities of the\ncorporation or in other health care facilities and to make internal\npolicies governing admissions and health and medical services;\n 3. to provide and maintain training programs for resident physicians,\npost-graduate clinical fellows, graduate students and other allied\nhealth professionals;\n 4. to sponsor and conduct research, educational and training programs;\n 5. to participate in managed care networks, fee-for-service, and other\njoint and cooperative arrangements for the provision of general\ncomprehensive and specialty health care services, directly or through\ncontract with other service providers or entities including employees or\nentities of the state;\n 6. to establish subsidiary corporations or other entities in\naccordance with subdivision ten of this section:\n (a) to meet the demands of health care delivery changes; and\n (b) to market, manufacture or develop products or services developed\nby the corporation's clinical and research activities;\n 7. to affiliate with a medical college or colleges;\n 8. to contract to use employees, agents, consultants and facilities of\nthe state, paying the state its agreed proportion of the compensation or\ncosts pursuant to an agreement with the state;\n 9. to determine the conditions under which a physician may be extended\nthe privilege of practicing within a health facility under the\njurisdiction of the corporation, to promulgate internal policies for the\nconduct of all persons, physicians and allied health practitioners\nwithin such facility, and to appoint and grant privileges to qualified\nand competent clinical practitioners;\n 10. except as provided in this subdivision or as expressly limited by\nany applicable state law or regulation, and in support of the powers\ngranted by subdivisions five and six of this section, to form and to\nparticipate in the formation of one or more corporations, and to\nexercise and perform such purposes, powers, duties, functions or\nactivities through one or more subsidiary corporations or other entities\nowned or controlled wholly or in part by the corporation, which shall be\nformed pursuant to the business corporation law, the limited liability\ncompany law, the not-for-profit corporation law, or the partnership law;\nany such subsidiary may be authorized to act as a general or limited\npartner in a partnership or as a member of a limited liability company,\nand enter into an arrangement calling for an initial and subsequent\npayment or payments or contributions to capital by such subsidiary in\nconsideration of an interest in revenues or other contractual rights. An\nentity shall be deemed a subsidiary corporation whenever and so long as\n(a) more than half of any voting shares or other membership interest of\nsuch subsidiary are owned or held by the corporation or (b) a majority\nof the directors, trustees or members of such subsidiary are designees\nof the corporation;\n 11. to take all necessary and appropriate steps and arrangements to\ndevelop a plan and, on or before January first, two thousand fourteen,\nseek the necessary approvals to execute such plan which may include but\nare not limited to entering into arrangements, mergers or other\naffiliations with one or more health care, academic or other entities\nfor the purposes of protecting and promoting the health of the patients\nserved by its health facilities, advancing the corporation's mission of\nconducting innovative research into the causes and treatment of cancer,\nsecuring its financial viability and achieving operational and fiscal\nindependence from the state, and to the extent possible, contributing to\nthe economic revitalization of the region; provided that the\ncommissioner of health shall monitor such steps and arrangements and\nparticipate with the corporation in establishment of goals and\nbenchmarks for the achievement of such independence, and the corporation\nshall make requests for assistance and approvals needed to execute such\nsteps and arrangements.\n 12. No subsidiary of the corporation shall own, operate, manage or\ncontrol the existing research, education, acute inpatient or outpatient\nfacilities and services now operated by the Roswell Park Cancer\nInstitute.\n