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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
Section 22-21-318 Powers of authority. (a) In addition to all other powers granted elsewhere
in this article, and subject to the express provisions of its certificate of incorporation,
an authority shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in 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 22-21-339; (2) To sue and be sued
in its own name in civil suits and actions, and to defend suits and actions against it, including
suits and actions ex delicto and ex contractu, subject, however, to the provisions of Chapter
93 of Title 11, which chapter is hereby made applicable to the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt, alter, amend
and repeal bylaws, regulations and rules, not inconsistent with the...
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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
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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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
Section 22-21-53 Powers. (a) Any district or regional hospital association is hereby authorized
and empowered to exercise the following powers in addition to others granted in this article:
(1) To cooperate with the State Board of Health for the purpose of constructing, equipping,
maintaining and operating a hospital by making appropriate application to the State Board
of Health; to enter into a cooperative contract with the State Board of Health for this purpose;
(2) To act as an agent for the State Board of Health under a cooperative contract to prepare,
carry out and operate hospital projects; (3) To provide for the construction, reconstruction,
improvement, alteration or repair of any hospital, or any part thereof; (4) To take over,
by purchase, lease or otherwise, any hospital; (5) To manage, as agent of the State Board
of Health, any hospital constructed or owned by the association; (6) To arrange, with any
appropriate local or state agencies, for the opening or closing of...
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11-95-7
Section 11-95-7 Powers of corporation. In addition to all other powers granted elsewhere in
this chapter, a corporation shall have the following powers, together with all powers incidental
thereto or necessary to the discharge thereof in corporate form: (1) To have succession by
its corporate name for the duration of time (which may be perpetuity, subject to the provisions
of Section 11-95-19) specified in its certificate of incorporation; (2) To sue and be sued
in its own name in civil 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...
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22-21-77
Section 22-21-77 Powers of corporation. The corporation shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in 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...
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