N.Y. FDC Law § 8-A

§ 8-A. Provisions relating to agreements with certain non-profit\ncorporations. 1. The corporation is authorized to enter into an\nagreement, at the request of the commissioner of health, with\ncorporations which are eligible borrowers as defined in article 28-B of\nthe public health law providing for such services and such compensation\nas shall be approved by the commissioner of health incident to an\napplication for a mortgage loan pursuant to the provisions of article\n28-B of the public health law. As a condition prerequisite to any such\nagreement, the commissioner of health shall have certified as to the\npublic need for the proposed facility.\n 2. The corporation is authorized to enter into an agreement, with the\napproval of the commissioner of health, with a non-profit corporation\norganized under the laws of this state providing for the services of the\ncorporation to be made available to such non-profit corporation incident\nto the design and construction of a facility or facilities included\nwithin the meaning of the word "hospital", as defined in article\ntwenty-eight of the public health law, to be financed by means other\nthan pursuant to article 28-B of such law. Such agreement shall provide\nthat all such services and expenses of the corporation with respect to\nsuch facility or facilities shall be at the sole cost and expense of\nsuch non-profit corporation. As a prerequisite to any such agreement the\ncommissioner of health shall have certified as to the public need for\nthe proposed facility or facilities.\n