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22-21-312
Section 22-21-312 Legislative findings and intent. The Legislature hereby finds and declares:
(1) That publicly-owned (as distinguished from investor-owned and community-nonprofit) hospitals
and other health care facilities furnish a substantial part of the indigent and reduced-rate
care and other health care services furnished to residents of the state by hospitals and other
health care facilities generally; (2) That as a result of current significant fiscal and budgetary
limitations or restrictions, the state and the various counties, municipalities, and educational
institutions therein are no longer able to provide, from taxes and other general fund moneys,
all the revenues and funds necessary to operate such publicly-owned hospitals and other health
care facilities adequately and efficiently; and (3) That to enable such publicly-owned hospitals
and other health care facilities to continue to operate adequately and efficiently, it is
necessary that the entities and agencies...
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22-21-351
Section 22-21-351 Legislative findings. The Legislature hereby finds and declares as follows:
(1) That in order to promote the public health of the people of the State of Alabama, the
Legislature enacted the enabling statute, whereunder, among other things: a. The several counties,
municipalities, and educational institutions of the state are effectively authorized to form
public corporations known as health care authorities, and b. Existing public hospital corporations
are authorized to reincorporate as health care authorities; (2) That all such health care
authorities are empowered under and pursuant to the enabling statute, among other things:
a. To own and operate public hospitals and other health care facilities; b. To furnish office
space to (among others) any nonhospital-based physician, dentist or other health care professional
for use in his private practice, subject to the conditions specified in the enabling statute;
and c. To appoint, employ, contract with, and provide for...
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22-21-318
properties and assets to such persons, firms, partnerships, associations or corporations and
on such terms as the board deems to be appropriate, to charge and collect rent or other fees
or charges therefor and to terminate any such lease or other agreement upon the failure of
the lessee or other party thereto to comply with any of its obligations thereunder; (7) To
receive, acquire, take and hold (whether by purchase, gift, transfer, foreclosure, lease,
devise, option or otherwise) real and personal property of every description, or any
interest therein, and to manage, improve and dispose of the same by any form of legal conveyance
or transfer; provided however, that the authority shall not, without the prior approval of
the governing body of each authorizing subdivision, have the power to dispose of (i) substantially
all its assets, or (ii) any health care facilities the disposition of which would materially
and significantly reduce or impair the level of hospital or health care...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-318.htm - 12K - Match Info - Similar pages
16-17A-8
Section 16-17A-8 Powers of authority. (a) An authority shall have and may exercise any power
granted nonprofit corporations under Title 10A, together with all powers incidental thereto
or necessary or desirable to the discharge thereof, including, without limitation, the following
specific powers: (1) To adopt, maintain, and amend bylaws and a corporate seal. (2) To sue
and, subject to the limitations herein, be sued; provided, however, that no authority entitled
to sovereign immunity shall be denied such immunity. (3) To acquire, construct, equip, and
operate those health care facilities it considers necessary or desirable. (4) To enter into
contracts and agreements, borrow money, incur indebtedness, and issue bonds, notes, debt securities,
or any other evidence of indebtedness. (5) To pledge the general credit of the authority or
any revenues or income of the authority to repayment of any of its indebtedness. (6) To mortgage
or pledge its health care facilities or its other assets or...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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16-17A-17
Section 16-17A-17 Conveyance of property, etc., to authority; pledge of full faith and credit.
(a) The state, any university, any governmental entity, and any public corporation is hereby
authorized to give, transfer, convey, or sell to any authority or a university affiliate,
with or without consideration: (1) Any of its health care facilities and other properties,
real or personal, and any funds and assets, tangible or intangible, relative to the
ownership or operation of any such health care facilities, including any certificates of need,
assurances of need, or other similar rights appertaining or ancillary thereto, irrespective
of whether they have been exercised. (2) Any taxes, revenues, or funds owned or controlled
by it. (3) Nothing in this chapter shall be construed as allowing an authority or university
affiliate to be exempt from compliance with all applicable laws and regulations of the State
Certificate of Need program and the Alabama State Health Planning and Development...
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22-21-311
Section 22-21-311 Definitions. (a) The following words and phrases used in this article, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of a county, municipality,
or educational institution, or two or more thereof, in accordance with the provisions of Section
22-21-313. (2) AUTHORITY. A public corporation organized, and any public hospital corporation
reincorporated, pursuant to the provisions hereof. (3) AUTHORIZING RESOLUTION. The resolution
adopted by the governing body of an authorizing subdivision, in accordance with the provisions
of Section 22-21-313 or Section 22-21-341, that authorizes the incorporation of an authority
or the reincorporation of a public hospital corporation. (4) AUTHORIZING SUBDIVISION. Each
county, municipality, and educational institution with...
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22-21-53
To arrange, with any appropriate local or state agencies, for the opening or closing of streets,
roadways, alleys or other transportation facilities; (7) To lease or rent any land, building,
structure or facility needed in the operation of the hospital; (8) To enter upon buildings
or property in order to conduct investigations or to make surveys or soundings; (9) To purchase,
obtain options upon or acquire by eminent domain, gift, grant, bequest, devise or otherwise
any property, real or personal, or interest therein, from any person, firm, corporation,
city, county or government; (10) To sell, exchange, transfer, assign or pledge any property,
real or personal, or any interest therein, to any person, firm, corporation, city,
county or government; (11) To own, hold, clear and improve property; (12) To insure or provide
for insurance of the property or operation of the association against such risks as the association
may deem advisable; (13) To borrow money upon its bonds, notes,...
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11-95-7
suits and actions, and to defend suits against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business; (5) To acquire, construct, equip, enlarge, improve, maintain,
and operate hospital facilities in the authorizing county and to do all things necessary to
that end; (6) To receive, acquire, take and hold, whether by purchase, gift, lease, devise,
or otherwise, real and personal property of every description and to manage and dispose
of the same by any form of legal conveyance or transfer; provided, however, that the corporation
shall not, without the prior approval of the governing bodies of the authorizing subdivisions,
have the power to dispose of substantially all of its assets or of any hospital facilities
the disposition of which would materially reduce or impair the level of hospital or health
care services rendered by the corporation; (7) To provide...
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22-21-77
corporate form: (1) To have succession by its corporate name for the duration of time, which
may be in perpetuity, specified in its certificate of incorporation or until dissolved as
provided in Section 22-21-82; (2) To maintain actions and have actions maintained against
it and to defend action maintained against it; (3) To make use of a corporate seal and to
alter the same at pleasure; (4) To receive, acquire, take and hold, whether by purchase, gift,
lease, devise or otherwise, real and personal estate of every description and to manage
and dispose of same by any form of legal conveyance or transfer; (5) To acquire, construct,
equip, enlarge, improve, maintain and operate a hospital and to do all things necessary to
that end; (6) With the approval of the board of directors, to design, construct, purchase
or otherwise acquire hospitals, clinics and other hospital facilities, and to lease or otherwise
make available such facilities to such persons, firms, partnerships, associations...
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