Creates the Rockland County Health Care Corporation and provides for the rights, powers, duties, and jurisdiction of such corporation

BILL NUMBER:S5435C

Title of bill

An act to amend the public authorities law, in relation to creating the Rockland health care corporation and providing for rights, powers, duties and jurisdiction

Purpose or general idea

To authorize Rockland County to transfer control and management of the Rockland County Nursing Home to a new Rockland Health Care Corporation, a public benefit corporation established for that purpose.

Summary of specific provisions

Amends Article 10-C of the Public Authorities Law by adding a new title 7 to be known as the "Rockland Health Care Corporation."

Composition of the corporation

The Corporation shall consist of the facilities and operations in whole or in part of any facility, operation or program of the County of Rockland, whether or not specifically mandated by state law, which provide health care services.

Transfer of personnel

On the effective date of the transfer of the facilities and operations of the County to the Corporation, officers and employees employed in a department or agencies of the County shall become officers and employees of the corporation with equivalent offices, positions and employment an shall be deemed public officers or public employees for all purposes.

There shall be no layoffs of any officers or employees of the corporation which are a direct consequence of this legislation for twenty-four months after the effective transfer date.

Collective bargaining

The Corporation shall recognize the existing certified employee organizations for those employees transferred to the corporation. The corporation shall be bound by all existing collective bargaining agreements with such employee organizations.

Board of directors

The Corporation shall have fifteen voting directors. Eight directors shall be appointed by the Governor (3 from recommendations submitted by the County Executive, 3 from recommendations submitted by Chairperson of the County Legislature, 1 from recommendation of the Speaker of the Assembly and 1 from the Temporary President of the Senate, three directors shall be appointed by the County Executive for initial terms of two years and four shall

be appointed by the County Legislature for initial terms of three years. There shall be three non-voting members of the board including the chief executive officer of the corporation, one appointed by the County Executive and one appointed by the County Legislature.

Defense and indemnification

The Corporation shall not execute any of its powers until it has elected indemnification coverage of its employees pursuant to section 18 of the Public Officers Law.

Justification

The Rockland County Executive and the County Legislature have completed a financial and management assessment on the Rockland County Nursing Home and has determined that it would be beneficial to County residents that it be transferred to a Public Benefit Corporation. The County Legislature has requested a home rule pursuant to Article 9 of the New York State Constitution. This legislation would grant the authority to the County of Rockland to create a public benefit corporation.

Prior legislative history

New Bill.

Fiscal implication for state and local governments

None to the State. Rockland County projects long term savings as a result of this legislation.

Effective date

This act shall take effect immediately.