Title 50, Chapter 26, Section 19
( 50-26-19)
(a) The authority may initiate a program of financing the
acquisition, construction, and equipping of health care facilities
in the state. In furtherance of this objective, the authority may
also: (1) Establish eligibility standards for participating providers,
provided that such standards shall encourage maximum feasible
participation for participating providers serving
disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds to
authorize the entity to approve the participating providers that
can finance or refinance a project with proceeds from the bond
issue secured by that entity; (3) Lease to a participating provider specific projects upon terms
and conditions that the authority considers proper, charge and
collect rents therefor, terminate any such lease upon the failure
of the lessee to comply with any of its obligations under the
lease or otherwise as the lease provides, and include in any such
lease provisions that the lessee has the option to renew the term
of the lease for such periods and at such rents as may be
determined by the authority or to purchase any or all of the
projects to which the lease applies; (4) Loan to a participating provider under any installment
purchase contract or loan agreement money to finance, reimburse,
or refinance the cost of specific projects and take back a secured
or unsecured promissory note evidencing such a loan and security
interest in the project financed or refinanced with such loan upon
such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete projects
under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to
be maintained, repaired, replaced, and otherwise improved a
project owned by the authority; (7) Obtain or aid in obtaining property insurance on all projects
owned or financed by the authority or accept payment if a project
is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument with
respect to any insurance, guarantee, letter of credit, or other
form of credit enhancement, accepting payment in such manner and
form as provided therein if a participating provider defaults and
assign any such insurance, guarantee, letter of credit, or other
form of credit enhancement as security for bonds issued by the
authority. (b) Before exercising any of the powers conferred by subsection (a)
of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan
agreement involved be insured by a loan insurer, guaranteed by a
loan guarantor, or secured by a letter of credit or other form of
credit enhancement; and
(2) Require any other type of security from the participating
providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating
provider unless the Department of Community Health, or any successor
thereof, has issued a certificate of need or comparable
certification of approval to the participating provider for the
project to be financed by the authority if the acquisition of such
project by the participating provider would require a certificate of
need or comparable certification of approval under Chapter 6 of
Title 31. |