N.Y. New York City health and hospitals corporation act 1016/69 § 6: Relationship to the city; agreements concerning health facilities

§ 6. Relationship to the city; agreements concerning health

facilities. 1. (a) The city shall on or before the first day of July

nineteen hundred seventy enter into an agreement or agreements with the

corporation, pursuant to this section and section seven herein, whereby

the corporation shall operate the hospitals then being operated by the

city for the treatment of acute and chronic diseases, and for the fiscal

year of the city commencing on the first day of July nineteen hundred

seventy and thereafter the city shall include in its expense budget an

appropriation of tax levy for the services provided by the corporation

and pay the corporation an amount which shall not be less than one

hundred seventy-five million dollars; provided, however, that for the

fiscal year beginning July first, nineteen hundred seventy-two and

thereafter the amount shall be adjusted annually to take account of

increases in the cost of health care as reflected in increases in the

average rates of reimbursement set by the state pursuant to section

twenty-one hundred seven of the public health law for health and

hospital services in New York City, and changes in the volume of

services rendered by the corporation and required by the city for which

no reimbursement from third-party sources is available. The corporation

shall submit a program budget to the city, in time for inclusion in the

mayor's executive budget, detailing the anticipated expenditure of the

tax levy funds appropriated by the city for the coming fiscal year.

The provisions of subdivision three of paragraph a of section 135.00

of the local finance law shall not apply to a contract entered into

pursuant to this section.

1. (b) Within a reasonable time thereafter the city shall enter into a

similar agreement or agreements for the remaining personal health and

medical facilities then operated by the city.

2. (a) The corporation shall have the power to enter into contracts,

leases, sub-leases or other agreements permitting the city to purchase,

lease, sub-lease or otherwise acquire or use any health facility by or

under the jurisdiction of the corporation; and to permit the city to

construct or add health facilities or improvements upon or to such

health facility.

(b) The city shall be empowered to purchase, lease, sub-lease or

otherwise acquire or contract for the use of and use any health facility

held by or under the jurisdiction of the corporation, or to construct or

add health facilities or improvements upon or to such a health facility,

in accordance with the terms of any contract, lease, sub-lease or other

agreement entered into pursuant to the terms of this act.

3. Any contract, lease, sub-lease or other agreement between the city

and the corporation for the purchase, lease, sub-lease, use, operation

or construction and equipment of a health facility, as authorized by

this act, shall

(a) set forth any health facility to be constructed and equipped, used

or operated;

(b) provide that the corporation shall apply for and receive all

reimbursement allowances or other moneys available to the corporation

from any source for the provision of health and medical services for

which such reimbursement allowances or other moneys are available,

through or in the facilities of the corporation, and that such

reimbursement allowances or other moneys shall be collected and received

by the corporation directly from any such source, and used by the

corporation for the purposes herein recited;

(c) provide that whenever the city requires the corporation to provide

health and medical services to persons in the city, the city shall pay

the corporation for the cost of such services as are actually rendered,

such cost to be determined by agreement between the city and the

corporation; provided, however, that such payments shall only be made by

the city to the extent that no reimbursement allowances or other

payments are paid to the corporation from any other government or other

sources for the payment of such costs; and

(d) provide that the health and medical services provided by or

through any such health facility shall be available to the public upon

the terms and conditions set forth in such contract, lease, sub-lease or

other agreement.

4. (a) Any such contract, lease, sub-lease or other agreement between

the city and the corporation that requires the corporation to construct

and equip, or causes to be constructed or equipped, a health facility

shall provide that the city shall be required to pay the total estimated

cost of such construction and equipment to the corporation at such times

and in such amounts as determined and requested by the corporation, any

such payment to be made by the city upon the delivery to the comptroller

of the corporation of a certificate requesting such payment.

(b) For the purpose of this subdivision four, the cost of construction

and equipment shall include, but not be limited to, the cost of any

plans, specifications, drawings or designs prepared for the purposes of

the health facility concerned.

5. Any such contract, lease, sub-lease or other agreement between the

city and the corporation may contain provisions, in addition to any

required by the provisions of this act, as to:

(a) pledging or assigning any part of moneys and revenues, including

reimbursement allowances, derived by the city, or the corporation, to

secure payments required by such contract, lease, sub-lease or other

agreement;

(b) limitations on the purposes to which the proceeds of the sale of

the bonds and notes of the corporation may be applied and as to the

pledging of such proceeds to secure the payment of bonds and notes of

the corporation or of any issued thereby, subject to any agreement with

the holders of bonds or notes of the corporation;

(c) setting aside reserves and creating special funds and the

regulation and disposition thereof;

(d) procedures, if any, by which such contract, lease, sub-lease or

other agreement may be amended, the amount of bonds or notes or other

obligations the holders of which must consent thereto, and the manner in

which such consent may be given;

(e) defining the acts or omissions to act which shall constitute a

default in the obligations and duties of the city or corporation and

providing for the rights and remedies of the corporation and the holders

of its bonds, notes or other obligations in the event of such default;

(f) any other matters, of like or different character, which may be

deemed necessary or desirable by the corporation for the proper

effectuation of its corporate purposes or for the security or protection

of the holders of its bonds, notes, or other obligations.

6. The city shall not be required to make any payment to the

corporation, nor shall any charge, claim or liability exist or arise

against the city for any such payment, in excess of amounts appropriated

or otherwise authorized by the city therefor. Payments due or to become

due by the city pursuant to any contract, lease, sub-lease or other

agreement with the corporation shall not constitute outstanding

indebtedness of the city for the purposes of paragraph three of

subdivision (a) of section 135.00 of the local fianance law.

7. The corporation shall exercise its powers to provide and deliver

health and medical services to the public in accordance with policies

and plans of the administration with respect to the provision and

delivery of such services and the corporation shall have the power to

adopt and implement rules and regulations not inconsistent with such

policies and plans of the administration. For its part, the

administration shall assist and cooperate with the corporation with

respect to such matters.