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

                                 6394--A
    Cal. No. 25

                            I N  S E N A T E

                             January 8, 2016
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Rules  --  reported
  favorably  from  said committee, ordered to a third reading, passed by
  Senate and delivered to the  Assembly,  recalled,  vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading

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numbers S.2647 and A.5254, is REPEALED.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and  A.5254,  is  REPEALED  and a new subdivision 10 is added to read as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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD07894-07-6

S. 6394--A                          2

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
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.