CODE OF VIRGINIA

(REPEALED EFFECTIVE OCTOBER 1, 2016) OPERATIONS OF MEDICAL CENTER (§ 23-77.3)

A. In enacting this section, the General Assembly recognizes that the ability of
the University of Virginia to provide medical and health sciences education and
related research is dependent upon the maintenance of high quality teaching
hospitals and related health care and health maintenance facilities,
collectively referred to in this section as the Medical Center, and that the
maintenance of a Medical Center serving such purposes requires specialized
management and operation that permit the Medical Center to remain economically
viable and to participate in cooperative arrangements reflective of changes in
health care delivery.

B. Notwithstanding the provisions of § 32.1-124 exempting hospitals and nursing
homes owned or operated by an agency of the Commonwealth from state licensure,
the Medical Center shall be, for so long as the Medical Center maintains its
accreditation by a national accrediting organization granted authority by the
Centers for Medicare and Medicaid Services to ensure compliance with Medicare
conditions of participation pursuant to § 1865 of Title XVIII of the Social
Security Act (42 U.S.C. § 1395bb), deemed to be licensed as a hospital for
purposes of other law relating to the operation of hospitals licensed by the
Board of Health. The Medical Center shall not, however, be deemed to be a
licensed hospital to the extent any law relating to licensure of hospitals
specifically excludes the Commonwealth or its agencies. As an agency of the
Commonwealth, the Medical Center shall, in addition, remain (i) exempt from
licensure by the Board of Health pursuant to § 32.1-124 and (ii) subject to the
Virginia Tort Claims Act (§ 8.01-195.1 et seq.). Further, this subsection shall
not be construed as a waiver of the Commonwealth’s sovereign immunity.

C. Without limiting the powers provided in this chapter, the University of
Virginia may create, own in whole or in part or otherwise control corporations,
partnerships, insurers or other entities whose activities will promote the
operations of the Medical Center and its mission, may cooperate or enter into
joint ventures with such entities and government bodies and may enter into
contracts in connection therewith. Without limiting the power of the University
of Virginia to issue bonds, notes, guarantees, or other evidence of indebtedness
under subsection D in connection with such activities, no such creation,
ownership or control shall create any responsibility of the University, the
Commonwealth or any other agency thereof for the operations or obligations of
any such entity or in any way make the University, the Commonwealth, or any
other agency thereof responsible for the payment of debt or other obligations of
such entity. All such interests shall be reflected on the financial statements
of the Medical Center.

D. Notwithstanding the provisions of Chapter 3 (§ 23-14 et seq.) of this title,
the University of Virginia may issue bonds, notes, guarantees, or other evidence
of indebtedness without the approval of any other governmental body subject to
the following provisions:

   1.  Such debt is used solely for the purpose of paying not more than 50
   percent of the cost of capital improvements in connection with the operation
   of the Medical Center or related issuance costs, reserve funds, and other
   financing expenses, including interest during construction or acquisitions and
   for up to one year thereafter;

   2.  The only revenues of the University pledged to the payment of such debt
   are those derived from the operation of the Medical Center and related health
   care and educational activities, and there are pledged therefor no general
   fund appropriation and special Medicaid disproportionate share payments for
   indigent and medically indigent patients who are not eligible for the Virginia
   Medicaid Program;

   3.  Such debt states that it does not constitute a debt of the Commonwealth or
   a pledge of the faith and credit of the Commonwealth;

   4.  Such debt is not sold to the public;

   5.  The total principal amount of such debt outstanding at any one time does
   not exceed $ 25 million;

   6.  The Treasury Board has approved the terms and structure of such debt;

   7.  The purpose, terms, and structure of such debt are promptly communicated
   to the Governor and the Chairmen of the House Appropriations and Senate
   Finance Committees; and

   8.  All such indebtedness is reflected on the financial statements of the
   Medical Center.Subject to meeting the conditions set forth above, such debt
   may be in such form and have such terms as the board of visitors may provide
   and shall be in all respects debt of the University for the purposes of §§
   23-23, 23-25, and 23-26.

HISTORY: 1994, c. 621; 2003, c. 701; 2014, c. 320.