N.Y. New York City health and hospitals corporation act 1016/69 § 5: General powers of the corporation

§ 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.