S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9176

                          I N  A S S E M B L Y

                            February 1, 2016
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation  to  authorizing
  the  Erie  county  medical center corporation to enter into agreements
  for the creation and  operation  of  a  health  care  delivery  system
  network  and  certain  collaborative  activities  of  the  Erie county
  medical center corporation; and to repeal certain provisions  of  such
  law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 3626  of  the  public  authorities
law,  as  added  by  a  chapter of the laws of 2015, amending the public
authorities law relating to authorizing the Erie county  medical  center
corporation to enter into agreements for the creation and operation of a
health  care  delivery  system network, as proposed in legislative bills
numbers S.2647 and A.5254, is REPEALED.
  S 2. Subdivision 10 of section 3631 of the public authorities law,  as
added  by a chapter of the laws of 2015, amending the public authorities
law relating to authorizing the Erie county medical  center  corporation
to enter into agreements for the creation and operation of a health care
delivery system network, as proposed in legislative bills numbers S.2647
and  A.5254,  is  REPEALED  and a new subdivision 10 is added to read as
follows:
  10. AS SET FORTH IN SECTION  THIRTY-SIX  HUNDRED  TWENTY-SIX  OF  THIS
TITLE,  THE  CREATION  AND  OPERATION  OF THE ERIE COUNTY MEDICAL CENTER
CORPORATION IS IN ALL RESPECTS FOR THE BENEFIT  OF  THE  PEOPLE  OF  THE
STATE  OF NEW YORK AND OF THE COUNTY OF ERIE AND IS A STATE, COUNTY, AND
PUBLIC PURPOSE. THE EXERCISE  BY  SUCH  CORPORATION  OF  THE  FUNCTIONS,
POWERS, AND DUTIES PROVIDED IN THIS TITLE CONSTITUTES THE PERFORMANCE OF
AN  ESSENTIAL  PUBLIC  AND  GOVERNMENTAL  FUNCTION.  THE CORPORATION HAS
ADVISED THAT IT INTENDS TO CONTINUE ENGAGING  IN  CERTAIN  COLLABORATIVE
ACTIVITIES  WITH,  AND  LIMITED TO, THE OTHER PARTIES TO THE GREAT LAKES
HEALTH, INC. RESTATED BINDING AGREEMENT OF 2012 AND  THE  UNIVERSITY  AT
BUFFALO OF THE STATE UNIVERSITY OF NEW YORK FOR THE PURPOSE OF PROMOTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD07894-06-6

A. 9176                             2

IMPROVED  QUALITY  OF  AND  ACCESS  TO HEALTH CARE SERVICES AND IMPROVED
CLINICAL OUTCOMES, CONSISTING OF: (A)  DEVELOPMENT  OF  A  NON-EXCLUSIVE
JOINT  HEALTH  INFORMATION  TECHNOLOGY  PLATFORM; (B) JOINT MARKETING OF
HEALTH  CARE  SERVICES;  (C)  JOINT PURCHASING OF SERVICES, SUPPLIES AND
EQUIPMENT RELATED TO THE PROVISION OF HEALTH CARE SERVICES; (D) DEVELOP-
MENT OF A JOINT SET OF CLINICAL QUALITY STANDARDS; (E) COORDINATION  AND
INTEGRATION OF CLINICAL SERVICES TO REDUCE REDUNDANCY AND INCREASE EFFI-
CIENCY;  (F) JOINT MANAGEMENT OF GRADUATE MEDICAL EDUCATION AND ACADEMIC
AFFILIATIONS; AND (G) JOINT DISCUSSIONS WITH RURAL  HOSPITALS  REGARDING
THE  POSSIBILITY  OF COORDINATING AND INTEGRATING CLINICAL SERVICES.  TO
PROMOTE IMPROVED QUALITY OF AND  ACCESS  TO  HEALTH  CARE  SERVICES  AND
IMPROVED CLINICAL OUTCOMES, AND CONSISTENT WITH THE CORPORATION'S FURTH-
ERANCE  OF  ITS HEALTH CARE PURPOSES THROUGH THE EXERCISE OF THE SPECIAL
POWERS EXERCISED PURSUANT TO THIS SECTION AND THE GENERAL  POWERS  EXER-
CISED  PURSUANT TO THIS TITLE, IT IS THE POLICY OF THE STATE TO SUPPLANT
COMPETITION FOR THE PURPOSE OF IMMUNIZING THE PLANNING  AND  IMPLEMENTA-
TION  OF  THE  ENUMERATED ACTIVITIES BY THE CORPORATION IN COLLABORATION
WITH ANY ONE OF THE AFOREMENTIONED ENTITIES  FROM  LIABILITY  UNDER  THE
FEDERAL  AND STATE ANTITRUST LAWS, TO THE EXTENT THAT SUCH COLLABORATIVE
ACTIVITIES ARE REFLECTED IN AGREEMENTS EXECUTED BY TWO OR  MORE  OF  THE
AFOREMENTIONED ENTITIES DURING SUCH TIME AS THE GREAT LAKES HEALTH, INC.
RESTATED BINDING AGREEMENT OF 2012 REMAINS IN EFFECT; PROVIDED, HOWEVER,
THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO EXTEND SUCH
DECLARATION OF POLICY TO ANY ACTIVITIES OTHER  THAN  THOSE  SPECIFICALLY
ENUMERATED  AND  DESCRIBED  HEREIN,  WHICH REMAIN SUBJECT TO ANY AND ALL
APPLICABLE STATE AND FEDERAL ANTITRUST LAWS.
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2015, amending the public authorities
law  relating  to authorizing the Erie county medical center corporation
to enter into agreements for the creation and operation of a health care
delivery system network, as proposed in legislative bills numbers S.2647
and A.5254, takes effect.