N.Y. Public Health Law § 4405: Health maintenance organizations; powers

§ 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.