North Carolina · statute · N.C. Gen. Stat. ch. 131E · 252 active provisions
Definitions. As used in this Chapter, unless the context clearly indicates otherwise: (1) "Department" means the Department of Health and Human Services. (2) "Person" means an individual, trust, estate, partnership, or corporation including associations, joint-stock companies, and insurance companies. (1983, c. 775, s.…
Contested case hearing petition time limit. Except as otherwise provided in this Chapter, a petition for a contested case that is authorized by this Chapter shall be filed in the Office of Administrative Hearings within 30 days after the Department mails written notice of an agency decision to the person filing the pet…
Coordination of rules on pathological materials. The Division of Health Service Regulation, Department of Health and Human Services (Department), shall adopt rules governing the procedures regarding the request for and release of pathological materials made to clinical laboratories within the jurisdiction of the Depart…
Title and purpose. (a) This Part shall be known and may be cited as the "Municipal Hospital Act." (b) The purpose of this Part is to authorize municipalities to construct, operate and maintain hospitals and other facilities which furnish hospital, clinical and similar services to the people of this State. It is also th…
Definitions. As used in this Part, unless otherwise specified: (1) "City", as defined in G.S. 160A-1(2), means a municipal corporation organized under the laws of this State for the better government of the people within its jurisdiction and having the powers, duties, privileges, and immunities conferred by law on citi…
General powers. (a) A municipality shall have all the powers necessary or convenient to carry out the purposes of this Part, including the following powers, which are in addition to the powers granted elsewhere in this Part: (1) To construct, equip, operate, and maintain hospital facilities; (2) To levy property taxes…
Public hospitals' managed care development authorized. A public hospital as defined in G.S. 159-39(a) may acquire an ownership interest, in whole or in part, in a nonprofit or for-profit managed care company, including a health maintenance organization, physician hospital organization, physician organization, managemen…
Sale of hospital facilities to nonprofit corporations. (a) A municipality as defined in G.S. 131E-6(5) or hospital authority as defined in G.S. 131E-16(14), upon such terms and conditions as it deems wise, with or without monetary consideration, may sell or convey to a nonprofit corporation organized under Chapter 55A…
Maintenance of Health Education Facilities. (a) This section shall apply to all sales and leases of a hospital facility by a municipality or hospital authority where any portion of the facility was constructed with a capital grant from the Area Health Education Centers Program (AHEC). (b) The municipality or hospital a…
Governing authority of hospital facilities. (a) The governing body of a municipality may establish by resolution an office, board, or other municipal agency to plan, establish, construct, maintain, or operate a hospital facility. The resolution shall prescribe the powers, duties, compensation, and tenure of the members…
Condemnation. Every municipality is authorized to condemn property to carry out the purposes of this Part. In condemning property, a municipality shall proceed in the manner provided in Chapter 40A of the General Statutes or in the charter of the municipality. A municipality or its agents is authorized to enter upon la…
Federal and State aid. Every municipality or nonprofit association is authorized to accept and disburse federal and State moneys, whether made available by grant, loan, gift or devise, to carry out the purposes of this Part. All federal moneys shall be accepted and disbursed upon the terms and conditions prescribed by…
Public purposes. The exercise of the powers, privileges, and authorities conferred on municipalities by this Part are public and government functions, exercised for a public purpose and matters of public necessity. In the case of a county, the exercise of the powers, privileges and authorities conferred by this Part is…
Lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other business entities by municipalities and hospital authorities. (a) A municipality or hospital authority as defined in G.S. 131E-16(14), may lease, sell, or convey any hospital facility, or part of a hospital facility, to a corp…
Lease or sale of hospital facilities to certain nonprofit corporations. If a municipality or hospital authority leases, sells, or conveys a hospital facility, or part, to a nonprofit corporation of which a majority of voting members of its governing body is not appointed or controlled by the municipality or hospital au…
Branch facilities. Notwithstanding anything in this Article, any municipality owning and operating a hospital organized under the provisions of this Part or Part 3 or any nonprofit corporation which leases or operates a hospital facility pursuant to an agreement with the municipality may erect, remodel, enlarge, purcha…
Conflict of interest. (a) No member of the board of directors or employee of a public hospital, as defined in G.S. 159-39(a), or that person's spouse shall do either of the following: (1) Acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be included in a hospit…
Lease or sale of hospital facilities to certain political subdivisions. Notwithstanding this Article or any other applicable State law, a municipality or hospital authority, or a nonprofit corporation controlled or established by a municipality or hospital authority, may enter into any transaction or agreement with a p…
Title and purpose. (a) This Part shall be known as the "Hospital Authorities Act." (b) The General Assembly finds and declares that in order to protect the public health, safety, and welfare, including that of low income persons, it is necessary that counties and cities be authorized to provide adequate hospital, medic…
Definitions. As used in this Part, unless otherwise specified: (1) "Board of county commissioners" means the legislative body charged with governing the county. (2) "Bonds" means any bonds or notes issued by the hospital authority pursuant to this Part and the Local Government Finance Act, Chapter 159 of the General St…
Creation of a hospital authority. (a) A hospital authority may be created whenever a city council or a county board of commissioners finds and adopts a resolution finding that it is in the interest of the public health and welfare to create a hospital authority. (b) After the adoption of a resolution creating a hospita…
Commissioners. (a) The mayor or the chairman of the county board shall appoint the commissioners of the authority. There shall be not less than six and not more than 30 commissioners. Upon a finding that it is in the public interest, the commissioners may adopt a resolution increasing or decreasing the number of commis…
Incorporation of a hospital authority. (a) After the commissioners are appointed, they shall present to the Secretary of State an application for incorporation as a hospital authority. The application shall be signed by each of the commissioners and shall set forth: (1) That the city council or the county board of comm…
Boundaries of the authority. (a) The territorial boundaries of a hospital authority shall include the city or county creating the authority and the area within 10 miles from the territorial boundaries of that city or county. However, a hospital authority may engage in health care activities in a county outside its terr…
Conflict of interest. (a) No commissioner or employee of the hospital authority or that person's spouse shall do either of the following: (1) Acquire any interest, direct or indirect, in any hospital facility or in any property included or planned to be included in a hospital facility. (2) Have any interest, direct or…