Title 31, Chapter 7, Section 75
( 31-7-75)
Every hospital authority shall be deemed to exercise public and
essential governmental functions and shall have all the powers
necessary or convenient to carry out and effectuate the purposes and
provisions of this article, including, but without limiting the
generality of the foregoing, the following powers: (1) To sue and be sued; (2) To have a seal and alter the same; (3) To make and execute contracts and other instruments necessary
to exercise the powers of the authority; (4) To acquire by purchase, lease, or otherwise and to operate
projects; (5) To construct, reconstruct, improve, alter, and repair
projects; (6) To sell to others, or to lease to others for any number of
years up to a maximum of 40 years, any lands, buildings,
structures, or facilities constituting all or any part of any
existing or hereafter established project. In the event a hospital
authority undertakes to sell a hospital facility, such authority
shall, prior to the execution of a contract of sale, provide
reasonable public notice of such sale and provide for a public
hearing to receive comments from the public concerning such sale.
This power shall be unaffected by the language set forth in
paragraph (13) of this Code section or any implications arising
therefrom unless grants of assistance have been received by the
authority with respect to such lands, buildings, structures, or
facilities, in which case approval in writing as set forth in
paragraph (13) of this Code section shall be obtained prior to
selling or leasing to others within 20 years after completion of
construction; (7) To lease for any number of years up to a maximum of 40 years for operation by others any project, provided that the authority shall have first determined that such lease will promote the public health needs of the community by making additional facilities available in the community or by lowering the cost of health care in the community and that the authority shall have retained sufficient control over any project so leased so as to ensure that the lessee will not in any event obtain more than a reasonable rate of return on its investment in the project, which reasonable rate of return, if and when realized by such lessee, shall not contravene in any way the mandate set forth in Code Section 31-7-77 specifying that no authority shall operate or construct any project for profit. Any lessee shall agree in the lease to pay rent sufficient in each year to pay the principal of and the interest on any revenue anticipation certificates proposed to be issued to finance the cost of the construction or acquisition of any such project and to pay off or refinance, in whole or in part, any outstanding debt or obligation of the lessee (including any redemption or prepayment premium due thereon) which was incurred in connection with the acquisition and construction of facilities of such lessee and the amount necessary in the opinion of the authority to be paid each year into any reserve funds which the authority may deem advisable to be established in connection with the retirement of the proposed revenue anticipation certificates and the maintenance of the project. Any such lease shall further provide that the cost of all insurance with respect to the project and the cost of maintenance and repair thereof shall be borne by the lessee. In carrying out a refinancing plan with regard to any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and construction of facilities of such lessee, the authority may use proceeds of any revenue anticipation certificates issued for such purpose to acquire such outstanding debt or obligation, in whole or in part, and may itself or through a fiduciary or agent hold and pledge such acquired debt or obligation as security for the payment of such revenue anticipation certificates. The powers granted in this paragraph shall be unaffected by the language set forth in paragraph (13) of this Code section or any implications arising therefrom unless grants of assistance have been received by the authority with respect to such project, in which case approval in writing as set forth in paragraph (13) of this Code section shall be obtained prior to leasing to others within 20 years after completion of construction. Any revenues derived by the authority from any such lease shall be applied by the authority to the payment of any revenue anticipation certificates issued in connection with the acquisition and construction of the project and the payment, in whole or in part, of any outstanding debt or obligation of the lessee which was incurred in connection with the acquisition and construction of facilities of such lessee (including any redemption or prepayment premium due thereon) or to the payment of any other expenses incurred in connection with acquiring, financing, maintaining, expanding, operating, or equipping the project; (8) To extend credit or make loans to others for the planning,
design, construction, acquisition, or carrying out of any project,
which credit or loans may be secured by such loan agreements,
mortgages, security agreements, contracts, or other instruments or
fees or charges, for a term not to exceed 40 years, and upon such
terms and conditions as the authority shall determine reasonable
in connection with such loans, including provisions for the
establishment and maintenance of reserves and insurance funds, and
in the exercise of powers granted by this Code section in
connection with a project, to require the inclusion in any
contract, loan agreement, security agreement, or other instrument
such provisions for guaranty, insurance, construction, use,
operation, maintenance, and financing of a project as the
authority may deem necessary or desirable; (9) To acquire, accept, or retain equitable interests, security
interests, or other interests in any property, real or personal,
by mortgage, assignment, security agreement, pledge, conveyance,
contract, lien, loan agreement, or other consensual transfer in
order to secure the repayment of any moneys loaned or credit
extended by the authority; (10) To establish rates and charges for the services and use of
the facilities of the authority; (11) To accept gifts, grants, or devises of any property;
(12) To acquire by the exercise of the right of eminent domain any
property essential to the purposes of the authority; (13) To sell or lease within 20 years after the completion of
construction of properties or facilities operated by the hospital
authority where grants of financial assistance have been received
from federal or state governments, after such action has first
been approved by the department in writing; (14) To exchange, transfer, assign, pledge, mortgage, or dispose
of any real or personal property or interest therein; (15) To mortgage, pledge, or assign any revenue, income, tolls,
charges, or fees received by the authority; (16) To issue revenue anticipation certificates or other evidences
of indebtedness for the purpose of providing funds to carry out
the duties of the authority; provided, however, that the maturity
of any such indebtedness shall not extend for more than 40 years; (17) To borrow money for any corporate purpose; (18) To appoint officers, agents, and employees; (19) To make use of any facilities afforded by the federal
government or any agency or instrumentality thereof; (20) To receive, from the governing body of political subdivisions
issuing the same, proceeds from the sale of general obligation
bonds or other county obligations issued for hospital authority
purposes; (21) To exercise any or all powers now or hereafter possessed by
private corporations performing similar functions; (22) To make plans for unmet needs of their respective
communities; (23) To contract for the management and operation of the project
by a professional hospital or medical facilities consultant or
management firm. Each such contract shall require the consultant
or firm contracted with to post a suitable and sufficient bond; (24) To provide management, consulting, and operating services
including, but not limited to, administrative, operational,
personnel, and maintenance services to another hospital authority,
hospital, health care facility, as said term is defined in Chapter
6 of this title, person, firm, corporation, or any other entity or
any group or groups of the foregoing; to enter into contracts
alone or in conjunction with others to provide such services
without regard to the location of the parties to such
transactions; to receive management, consulting, and operating
services including, but not limited to, administrative,
operational, personnel, and maintenance services from another such
hospital authority, hospital, health care facility, person, firm,
corporation, or any other entity or any group or groups of the
foregoing; and to enter into contracts alone or in conjunction
with others to receive such services without regard to the
location of the parties to such transactions;
(25) To provide financial assistance to individuals for the
purpose of obtaining educational training in nursing or another
health care field if such individuals are employed by, or are on
an authorized leave of absence from, such authority or have
committed to be employed by such authority upon completion of such
educational training; and to provide services and financial
assistance to private not for profit organizations in the form of
grants and loans, with or without interest and secured or
unsecured at the discretion of such authority, for any purpose
related to the provision of health or medical services or related
social services to citizens; (26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-72; and (27) To form and operate, either directly or indirectly, one or more networks of hospitals, physicians, and other health care providers and to arrange for the provision of health care services through such networks; to contract, either directly or through such networks, with the Department of Community Health to provide services to Medicaid beneficiaries to provide health care services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other managed health care activities; provided, however, that for purposes of this paragraph only and notwithstanding the provisions of Code Section 33-3-3, as now or hereafter amended, a hospital authority shall be permitted to and shall comply with the requirements of Chapter 21 of Title 33 to the extent that such requirements apply to the activities undertaken by the hospital authority pursuant to this paragraph. No hospital authority, whether or not it exercises the powers authorized by this paragraph, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records unless otherwise authorized by law. Any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such a hospital plan or network which provides coverage for health care services which are within the lawful scope of his or her practice, provided that nothing contained in this Code section shall be construed to require any such hospital plan or network to provide coverage for any specific health care service. |