1. The Laws of New York
  2. Unconsolidated Laws
  3. New York City health and hospitals corporation act 1016/69


Section 4 New York city health and hospitals corporation

New York City health and hospitals corporation act 1016/69 (HHC)

1. A corporation, to be known as the "New York city health and hospitals corporation," is hereby created. Such corporation shall be a body corporate and politic constituting a public benefit corporation. It shall be administered by a board of directors consisting of sixteen members, constituted as follows: five directors shall be the administrator, the commissioner appointed by the mayor as chief administrative officer of the health functions of the administration, the director of community mental health services of the administration, the administrator of human resources of the city, and the deputy mayor-city administrator of the city, or their successors, all serving ex-officio; ten directors shall be appointed by the mayor, five of whom shall be designated by the city council of the city of New York; and the remaining director shall be the chief executive officer of the corporation. Such chief executive officer shall be chosen by the aforementioned fifteen directors from persons other than themselves and shall serve at the pleasure of the board. The terms of the ten directors first appointed by the mayor, other than those serving ex-officio shall be as follows:

  Two shall serve for terms of one year each, one of whom shall have been designated by the city council;

  Two shall serve for terms of two years each, one of whom shall have been designated by the city council;

  Two shall serve for terms of three years each, one of whom shall have been designated by the city council;

  Two shall serve for terms of four years each, one of whom shall have been designated by the city council;

  Two shall serve for terms of five years each, one of whom shall have been designated by the city council; thereafter their successors shall serve for terms of five years each. The mayor shall fill any vacancy which may occur by reason of death, resignation or otherwise in a manner consistent with the original appointment. Directors may be removed by the mayor for cause, but not without an opportunity to be heard.

  2. The administrator of health services of the city shall be chairman of the board of directors. He shall preside over all meetings of the board and shall have such other duties as the directors may direct. The vice-chairman, who shall be elected by the directors from among themselves, shall preside over meetings of the board in the absence of the chairman and shall have such other duties as the board may direct.

  3. The powers of the corporation shall be vested in and exercised by the board of directors at a meeting duly held at a time fixed by any by-law adopted by the board, or at any duly adjourned meeting of such meeting or at any meeting held upon reasonable notice to all of the directors, or upon written waiver thereof, and a majority of the whole number of directors shall constitute a quorum; provided, that neither the business nor the powers of the corporation shall be transacted or exercised except pursuant to the favorable vote of at least a majority of the directors present at a meeting at which a quorum is in attendance. The board may delegate to one or more of the directors, officers, agents or employees of the corporation such powers and duties as it may deem proper. For the purposes of this subdivision three, "whole number" shall mean the total number of directors that the board would have were there no vacancy in the office of a director.

  4. The directors shall not be entitled to compensation for their service but shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties. The directors may engage in private employment or in a profession or business, unless otherwise prohibited from doing so by virtue of holding another public office, subject to the provisions of article eighteen of the general municipal law. For the purposes of such article eighteen, the corporation shall be a "municipality" and a director shall be a "municipal officer".

  5. The board shall hold an annual meeting.

  6. Except as otherwise permitted or required by any federal or state law, rule or regulation, the corporation shall receive direct payments, including payments made by a social services district under title eleven of article five of the social services law, and the New York state medical assistance plan adopted thereunder, and other reimbursement allowances whether as a "provider of services" in accordance with federal law or otherwise, for the provision by the corporation of the health and medical services for which such payments are made or by reason of ownership by the corporation of a health facility rendering the health and medical services for which such payments are made. For the purpose of such title eleven, the corporation shall be an "institution" supplying "medical assistance".

  7. The fiscal year of the corporation shall be the same as that of the city.

  8. Notwithstanding any inconsistent provisions of this or any other general, special or local law, no officer or employee of the state, or of any civil division thereof, or of any public corporation, as defined in the general corporation law, shall be deemed to have forfeited his office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or by any of the civil divisions thereof by reason of being a director, officer, employee or agent of the corporation.

  9. The corporation shall keep each of its facilities and installations open to inspection at all times by duly authorized representatives of the board of social services of the state, the comptroller of the state, the department of health of the state, the mayor, the director of management and budget, the comptroller, the administration and such other federal, state or city departments or agencies authorized by law to so inspect; and each shall be provided access to all of the records, reports, books, papers and accounts of the corporation and its facilities and installations other than privileged medical matter.

  10. The corporation shall hold annual public meetings, at least one in each of the five boroughs, after due public notice, for purposes of informing the public of the programs and plans of the corporation.

  11. The corporation shall establish a community advisory board for each of its hospitals to consider and advise the corporation and the hospital upon matters concerning the development of any plans or programs of the corporation, and may establish rules and regulations with respect to such boards. The members of such advisory boards shall be representatives of the community served by the hospital. Notwithstanding any inconsistent provision of law, general, special or local, no officer or employee of the state or of any civil division thereof, shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on such community advisory board. No member of such board shall receive compensation or allowance for services rendered on such board, except, however, that members of community advisory boards may be reimbursed for necessary expenses up to and including twenty-five dollars during a calendar month by submitting a personal summary voucher.