{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-5374.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-5374.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-5374.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-5374.html"}],"law_id":66549,"edition_id":1,"section_id":66549,"structure_id":12722,"section_number":"15.2-5374","catch_line":"Powers of Authority","history":"2007, c. 676; 2008, c. 184; 2013, c. 660; 2015, c. 741.","full_text":"The Authority shall have all powers necessary or convenient to carry out the general purposes of this chapter, including the power to:\n\n1\n\nSue and be sued; adopt a seal and alter the same at pleasure; have perpetual succession; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.2\n\nEmploy such technical experts and such other officers, agents, and employees as it may require, to fix their qualifications, duties, and compensation, and to remove such employees at pleasure.3\n\nAcquire within the territorial limits of the participating localities embraced by it, by purchase, lease, gift, or otherwise, whatever lands, buildings, and structures as may be reasonably necessary for the purpose of establishing, constructing, enlarging, maintaining, and operating one or more hospitals or health centers.4\n\nSell, lease, exchange, transfer, or assign any of its real or personal property or any portion thereof or interest therein to any person, firm, or corporation whenever the Authority finds such action to be in furtherance of the purposes for which the Authority was created.5\n\nAcquire, establish, construct, enlarge, improve, maintain, equip, and operate any hospital or health center and any other facility and service for the care and treatment of sick persons.6\n\nMake and enforce rules and regulations for the management and conduct of its business and affairs and for the use, maintenance and operation of its facilities and properties.7\n\nAccept gifts and grants, including real or personal property, from the Commonwealth or any political subdivision thereof and from the United States and any of its agencies; and accept donations of money, personal property, or real estate and take title thereto from any person.8\n\nMake rules and regulations governing the admission, care, and treatment of patients in such hospital or health center, classify patients as to charges to be paid by them, if any, and determine the nature and extent of the service to be rendered patients.9\n\nComply with the provisions of the laws of the United States and the Commonwealth and any rules and regulations made thereunder for the expenditures of federal or state money in connection with hospitals or health centers and to accept, receive, and receipt for federal and state money granted the Authority or granted any of the participating localities embraced by it for hospital or health center purposes.10\n\nBorrow money upon its bonds, notes, debentures, or other evidences of indebtedness issued for the purpose only of acquiring, constructing, improving, furnishing, or equipping buildings or structures for use as a hospital or health center, and to secure the same by pledges of its revenues and property as hereafter provided. This power shall include the power to refinance all or any portion of such debt, to renegotiate the terms of all or any portion of such debt, and to retire all or any portion of such debt prior to its maturity date. This power shall include the power to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness for the purpose of operations of any not-for-profit or nonprofit dental or medical facility for which the Authority or any participating locality has also provided funding pursuant to this chapter in furtherance of any lease, contract, or agreement entered into by the Authority pursuant to subdivision 12 or 13. Such power to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness shall only be considered by the Authority after receipt of a prospectus, operational budget, and five-year business plan for the dental or medical facility together with identification of all revenue and funding resources required to fully meet the five-year operational budget. Upon receipt, the Authority shall make the prospectus, operational budget, and business plan available to the public and enable the public to respond in a public hearing prior to approval being taken up for consideration. In addition, the prospectus, operational budget, and business plan shall be reviewed by the State Council of Higher Education for Virginia prior to approval by the Authority. Thereafter, the Council shall review the operations of the Authority prior to the exercise of bond authority pursuant to this subdivision. The Council shall report its findings to the Chairman of the House Committee on Appropriations and the Chairman of the Senate Committee on Finance and Appropriations.11\n\nExecute all instruments necessary or convenient in connection with the borrowing of money and issuing bonds as herein authorized.12\n\nEnter into leases and agreements with persons for the construction or operation or both of a hospital or health center by such persons on land of the Authority.13\n\nContract for the management and operation of any hospital or health center subject to the control of the Authority; however, the Authority may charge such rates for service as will enable it to make reasonable compensation for such management and operation.14\n\nAssist in or provide for the creation of domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities and to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of shares of or other interests in or obligations of any domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations, joint ventures, or other entities organized for any purpose, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any other obligations of any domestic or foreign stock or nonstock corporation, limited liability company, partnership, limited partnership, association, foundation, or other supporting organization, joint venture or other entity organized for any purpose or any individual. The investments of any entity wholly owned or controlled by the Authority that is an “institution,” as such term is defined in § 64.2-1100 shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.).15\n\nParticipate in joint ventures with individuals, domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities for providing medical care or related services or other activities that the Authority may undertake to the extent that such undertakings assist the Authority in carrying out the purposes and intent of this chapter.16\n\nProvide domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures or other entities owned in whole or in part or controlled, directly or indirectly, in whole or in part, by the Authority with appropriate assistance, including making loans and providing time of employees, in carrying out any activities authorized by this chapter.17\n\nMake loans and provide other assistance to domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities.18\n\nTransact its business, locate its offices and control, directly or through domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities, facilities that will assist or aid the Authority in carrying out the purposes and intent of this chapter.19\n\nProcure such insurance, participate in such insurance plans, or provide such self-insurance, or any combination thereof, as it deems necessary or convenient to carry out the purposes and provisions of this chapter. The purchase of insurance, participation in an insurance plan, or creation of a self-insurance plan by the Authority shall not be deemed a waiver or relinquishment of any sovereign immunity to which the Authority or its members, officers, directors, employees, or agents are otherwise entitled.20\n\nExercise all other powers granted to nonstock corporations pursuant to § 13.1-826.21\n\nReceive and review applications for approval of proposed cooperative agreements submitted by two or more hospitals pursuant to § 15.2-5384.1, and provide recommendations to the Commissioner regarding the approval of such applications. The Authority may establish a fee structure, and may assess a fee, to support its review of applications for approval of proposed cooperative agreements. The amount of the fee that the Authority is authorized to assess the parties submitting such an application shall not exceed $50,000.","order_by":null,"text":{"0":{"id":241506,"text":"The Authority shall have all powers necessary or convenient to carry out the general purposes of this chapter, including the power to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":241507,"text":"Sue and be sued; adopt a seal and alter the same at pleasure; have perpetual succession; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":241508,"text":"Employ such technical experts and such other officers, agents, and employees as it may require, to fix their qualifications, duties, and compensation, and to remove such employees at pleasure.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":241509,"text":"Acquire within the territorial limits of the participating localities embraced by it, by purchase, lease, gift, or otherwise, whatever lands, buildings, and structures as may be reasonably necessary for the purpose of establishing, constructing, enlarging, maintaining, and operating one or more hospitals or health centers.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":241510,"text":"Sell, lease, exchange, transfer, or assign any of its real or personal property or any portion thereof or interest therein to any person, firm, or corporation whenever the Authority finds such action to be in furtherance of the purposes for which the Authority was created.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":241511,"text":"Acquire, establish, construct, enlarge, improve, maintain, equip, and operate any hospital or health center and any other facility and service for the care and treatment of sick persons.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":241512,"text":"Make and enforce rules and regulations for the management and conduct of its business and affairs and for the use, maintenance and operation of its facilities and properties.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":241513,"text":"Accept gifts and grants, including real or personal property, from the Commonwealth or any political subdivision thereof and from the United States and any of its agencies; and accept donations of money, personal property, or real estate and take title thereto from any person.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":241514,"text":"Make rules and regulations governing the admission, care, and treatment of patients in such hospital or health center, classify patients as to charges to be paid by them, if any, and determine the nature and extent of the service to be rendered patients.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":241515,"text":"Comply with the provisions of the laws of the United States and the Commonwealth and any rules and regulations made thereunder for the expenditures of federal or state money in connection with hospitals or health centers and to accept, receive, and receipt for federal and state money granted the Authority or granted any of the participating localities embraced by it for hospital or health center purposes.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":241516,"text":"Borrow money upon its bonds, notes, debentures, or other evidences of indebtedness issued for the purpose only of acquiring, constructing, improving, furnishing, or equipping buildings or structures for use as a hospital or health center, and to secure the same by pledges of its revenues and property as hereafter provided. This power shall include the power to refinance all or any portion of such debt, to renegotiate the terms of all or any portion of such debt, and to retire all or any portion of such debt prior to its maturity date. This power shall include the power to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness for the purpose of operations of any not-for-profit or nonprofit dental or medical facility for which the Authority or any participating locality has also provided funding pursuant to this chapter in furtherance of any lease, contract, or agreement entered into by the Authority pursuant to subdivision 12 or 13. Such power to borrow money upon its bonds, notes, debentures, or other evidences of indebtedness shall only be considered by the Authority after receipt of a prospectus, operational budget, and five-year business plan for the dental or medical facility together with identification of all revenue and funding resources required to fully meet the five-year operational budget. Upon receipt, the Authority shall make the prospectus, operational budget, and business plan available to the public and enable the public to respond in a public hearing prior to approval being taken up for consideration. In addition, the prospectus, operational budget, and business plan shall be reviewed by the State Council of Higher Education for Virginia prior to approval by the Authority. Thereafter, the Council shall review the operations of the Authority prior to the exercise of bond authority pursuant to this subdivision. The Council shall report its findings to the Chairman of the House Committee on Appropriations and the Chairman of the Senate Committee on Finance and Appropriations.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":241517,"text":"Execute all instruments necessary or convenient in connection with the borrowing of money and issuing bonds as herein authorized.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":241518,"text":"Enter into leases and agreements with persons for the construction or operation or both of a hospital or health center by such persons on land of the Authority.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":241519,"text":"Contract for the management and operation of any hospital or health center subject to the control of the Authority; however, the Authority may charge such rates for service as will enable it to make reasonable compensation for such management and operation.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":241520,"text":"Assist in or provide for the creation of domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities and to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of shares of or other interests in or obligations of any domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations, joint ventures, or other entities organized for any purpose, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any other obligations of any domestic or foreign stock or nonstock corporation, limited liability company, partnership, limited partnership, association, foundation, or other supporting organization, joint venture or other entity organized for any purpose or any individual. The investments of any entity wholly owned or controlled by the Authority that is an “institution,” as such term is defined in § 64.2-1100 shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.).","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":241521,"text":"Participate in joint ventures with individuals, domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities for providing medical care or related services or other activities that the Authority may undertake to the extent that such undertakings assist the Authority in carrying out the purposes and intent of this chapter.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":241522,"text":"Provide domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures or other entities owned in whole or in part or controlled, directly or indirectly, in whole or in part, by the Authority with appropriate assistance, including making loans and providing time of employees, in carrying out any activities authorized by this chapter.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":241523,"text":"Make loans and provide other assistance to domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"18":{"id":241524,"text":"Transact its business, locate its offices and control, directly or through domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities, facilities that will assist or aid the Authority in carrying out the purposes and intent of this chapter.","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"19":{"id":241525,"text":"Procure such insurance, participate in such insurance plans, or provide such self-insurance, or any combination thereof, as it deems necessary or convenient to carry out the purposes and provisions of this chapter. The purchase of insurance, participation in an insurance plan, or creation of a self-insurance plan by the Authority shall not be deemed a waiver or relinquishment of any sovereign immunity to which the Authority or its members, officers, directors, employees, or agents are otherwise entitled.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"20":{"id":241526,"text":"Exercise all other powers granted to nonstock corporations pursuant to § 13.1-826.","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"21":{"id":241527,"text":"Receive and review applications for approval of proposed cooperative agreements submitted by two or more hospitals pursuant to § 15.2-5384.1, and provide recommendations to the Commissioner regarding the approval of such applications. The Authority may establish a fee structure, and may assess a fee, to support its review of applications for approval of proposed cooperative agreements. The amount of the fee that the Authority is authorized to assess the parties submitting such an application shall not exceed $50,000.","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20"}},"ancestry":[{"id":12722,"edition_id":1,"name":"Southwest Virginia Health Authority","identifier":"53.1","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":159089,"object_type":"structure","relational_id":12722,"identifier":"53.1","token":"15.2\/IV\/53.1","url":"\/15.2\/IV\/53.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86597,"structure_id":12722,"section_number":"15.2-5368","catch_line":"Southwest Virginia Health Authority established","url":"\/15.2-5368\/","token":"15.2\/IV\/53.1\/15.2-5368","metadata":false},{"id":71913,"structure_id":12722,"section_number":"15.2-5369","catch_line":"Definitions","url":"\/15.2-5369\/","token":"15.2\/IV\/53.1\/15.2-5369","metadata":false},{"id":68006,"structure_id":12722,"section_number":"15.2-5370","catch_line":"Directors; qualifications; terms; vacancies","url":"\/15.2-5370\/","token":"15.2\/IV\/53.1\/15.2-5370","metadata":false},{"id":55915,"structure_id":12722,"section_number":"15.2-5371","catch_line":"Decisions of Authority","url":"\/15.2-5371\/","token":"15.2\/IV\/53.1\/15.2-5371","metadata":false},{"id":68290,"structure_id":12722,"section_number":"15.2-5372","catch_line":"Payment to members of Authority","url":"\/15.2-5372\/","token":"15.2\/IV\/53.1\/15.2-5372","metadata":false},{"id":75786,"structure_id":12722,"section_number":"15.2-5373","catch_line":"Executive director; staff","url":"\/15.2-5373\/","token":"15.2\/IV\/53.1\/15.2-5373","metadata":false},{"id":66549,"structure_id":12722,"section_number":"15.2-5374","catch_line":"Powers of Authority","url":"\/15.2-5374\/","token":"15.2\/IV\/53.1\/15.2-5374","metadata":false},{"id":68093,"structure_id":12722,"section_number":"15.2-5375","catch_line":"Appropriations to Authority","url":"\/15.2-5375\/","token":"15.2\/IV\/53.1\/15.2-5375","metadata":false},{"id":57298,"structure_id":12722,"section_number":"15.2-5376","catch_line":"Issuance of bonds by participating localities and validation thereof","url":"\/15.2-5376\/","token":"15.2\/IV\/53.1\/15.2-5376","metadata":false},{"id":68335,"structure_id":12722,"section_number":"15.2-5377","catch_line":"Issuance and sale of bonds","url":"\/15.2-5377\/","token":"15.2\/IV\/53.1\/15.2-5377","metadata":false},{"id":70989,"structure_id":12722,"section_number":"15.2-5378","catch_line":"Provisions to secure payment of bonds","url":"\/15.2-5378\/","token":"15.2\/IV\/53.1\/15.2-5378","metadata":false},{"id":55441,"structure_id":12722,"section_number":"15.2-5379","catch_line":"Bonds made legal investments","url":"\/15.2-5379\/","token":"15.2\/IV\/53.1\/15.2-5379","metadata":false},{"id":54264,"structure_id":12722,"section_number":"15.2-5380","catch_line":"Bonds payable from revenues of hospital or health centers","url":"\/15.2-5380\/","token":"15.2\/IV\/53.1\/15.2-5380","metadata":false},{"id":85880,"structure_id":12722,"section_number":"15.2-5381","catch_line":"Property of Authority exempt from foreclosure or execution sale and judgment lien","url":"\/15.2-5381\/","token":"15.2\/IV\/53.1\/15.2-5381","metadata":false},{"id":61218,"structure_id":12722,"section_number":"15.2-5382","catch_line":"Receiver","url":"\/15.2-5382\/","token":"15.2\/IV\/53.1\/15.2-5382","metadata":false},{"id":54567,"structure_id":12722,"section_number":"15.2-5383","catch_line":"Eminent domain","url":"\/15.2-5383\/","token":"15.2\/IV\/53.1\/15.2-5383","metadata":false},{"id":53941,"structure_id":12722,"section_number":"15.2-5384","catch_line":"Records and reports","url":"\/15.2-5384\/","token":"15.2\/IV\/53.1\/15.2-5384","metadata":false},{"id":72798,"structure_id":12722,"section_number":"15.2-5384.1","catch_line":"Review of cooperative agreements","url":"\/15.2-5384.1\/","token":"15.2\/IV\/53.1\/15.2-5384.1","metadata":false},{"id":55214,"structure_id":12722,"section_number":"15.2-5385","catch_line":"Chapter supplemental; application of other laws; consent of local governing bodies or other agencies not required","url":"\/15.2-5385\/","token":"15.2\/IV\/53.1\/15.2-5385","metadata":false},{"id":77178,"structure_id":12722,"section_number":"15.2-5386","catch_line":"Limitations of the Authority","url":"\/15.2-5386\/","token":"15.2\/IV\/53.1\/15.2-5386","metadata":false}],"previous_section":{"id":75786,"structure_id":12722,"section_number":"15.2-5373","catch_line":"Executive director; staff","url":"\/15.2-5373\/","token":"15.2\/IV\/53.1\/15.2-5373","metadata":false},"next_section":{"id":68093,"structure_id":12722,"section_number":"15.2-5375","catch_line":"Appropriations to Authority","url":"\/15.2-5375\/","token":"15.2\/IV\/53.1\/15.2-5375","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-5374\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 676<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2008, chapter 184<\/a>; in 2013, chapter 660<\/a>; in 2015, chapter 741<\/a>.<\/p>","references":false,"refers_to":[{"id":72798,"section_number":"15.2-5384.1","catch_line":"Review of cooperative agreements","order_by":null,"url":"\/15.2-5384.1\/"},{"id":84375,"section_number":"64.2-1100","catch_line":"Definitions","order_by":null,"url":"\/64.2-1100\/"}],"permalink":{"id":159115,"object_type":"law","relational_id":66549,"identifier":"15.2-5374","token":"15.2\/IV\/53.1\/15.2-5374","url":"\/15.2-5374\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-5374\/","token":"15.2\/IV\/53.1\/15.2-5374","dublin_core":{"Title":"Powers of Authority","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-5374","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Authority<\/span> shall have all powers necessary or convenient to carry out the general purposes of this chapter, including the power to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Sue and be sued; adopt a seal and alter the same at pleasure; have perpetual succession; and to make and execute contracts<\/span> and other instruments necessary or convenient to the exercise of its powers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Employ such technical experts and such other officers, agents, and employees as it may require, to fix their qualifications, duties, and compensation, and to remove such employees at pleasure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Acquire within the territorial limits of the participating localities embraced by it, by purchase, lease, gift, or otherwise, whatever lands, buildings, and structures as may be reasonably necessary for the purpose of establishing, constructing, enlarging, maintaining, and operating one or more hospitals<\/span> or health centers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Sell, lease, exchange, transfer, or assign any of its real or personal property or any portion thereof or interest therein to any person, firm, or corporation whenever the Authority<\/span> finds such action to be in furtherance of the purposes for which the Authority<\/span> was created. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Acquire, establish, construct, enlarge, improve, maintain, equip, and operate any hospital<\/span> or health center and any other facility and service for the care and treatment of sick persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Make and enforce rules and regulations for the management and conduct of its business and affairs and for the use, maintenance and operation of its facilities and properties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Accept gifts and grants, including real or personal property, from the Commonwealth or any political subdivision thereof and from the United States and any of its agencies; and accept donations of money, personal property, or real estate and take title thereto from any person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Make rules and regulations governing the admission, care, and treatment of patients in such hospital<\/span> or health center, classify patients as to charges to be paid by them, if any, and determine the nature and extent of the service to be rendered patients. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Comply with the provisions of the laws<\/span> of the United States and the Commonwealth and any rules and regulations made thereunder for the expenditures of federal or state money in connection with hospitals<\/span> or health centers and to accept, receive, and receipt for federal and state money granted the Authority<\/span> or granted any of the participating localities embraced by it for hospital<\/span> or health center purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Borrow money upon its bonds<\/span>, notes, debentures, or other evidences<\/span> of indebtedness issued for the purpose only of acquiring, constructing, improving, furnishing, or equipping buildings or structures for use as a hospital<\/span> or health center, and to secure the same by pledges of its revenues and property as hereafter provided. This power shall include the power to refinance all or any portion of such debt, to renegotiate the terms of all or any portion of such debt, and to retire all or any portion of such debt prior to its maturity date. This power shall include the power to borrow money upon its bonds<\/span>, notes, debentures, or other evidences<\/span> of indebtedness for the purpose of operations of any not-for-profit or nonprofit dental or medical facility for which the Authority<\/span> or any participating locality<\/span> has also provided funding pursuant to this chapter in furtherance of any lease, contract<\/span>, or agreement entered into by the Authority<\/span> pursuant to subdivision 12 or 13. Such power to borrow money upon its bonds<\/span>, notes, debentures, or other evidences<\/span> of indebtedness shall only be considered by the Authority<\/span> after receipt of a prospectus, operational budget, and five-year business plan for the dental or medical facility together with identification of all revenue and funding resources required to fully meet the five-year operational budget. Upon receipt, the Authority<\/span> shall make the prospectus, operational budget, and business plan available to the public and enable the public to respond in a public hearing<\/span> prior to approval being taken up for consideration. In addition, the prospectus, operational budget, and business plan shall be reviewed by the State Council<\/span> of Higher Education for Virginia prior to approval by the Authority<\/span>. Thereafter, the Council<\/span> shall review the operations of the Authority<\/span> prior to the exercise of bond<\/span> authority<\/span> pursuant to this subdivision. The Council<\/span> shall report its findings<\/span> to the Chairman of the House Committee on Appropriations and the Chairman of the Senate Committee on Finance and Appropriations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Execute all instruments necessary or convenient in connection with the borrowing of money and issuing bonds<\/span> as herein authorized. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Enter into leases and agreements with persons for the construction or operation or both of a hospital<\/span> or health center by such persons on land of the Authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Contract<\/span> for the management and operation of any hospital<\/span> or health center subject to the control of the Authority<\/span>; however, the Authority<\/span> may charge such rates for service as will enable it to make reasonable compensation for such management and operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Assist in or provide for the creation of domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities and to purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of shares of or other interests in or obligations of any domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations, joint ventures, or other entities organized for any purpose, or direct or indirect obligations of the United States, or of any other government, state, territory, governmental district or municipality or of any other obligations of any domestic or foreign stock or nonstock corporation, limited liability company, partnership, limited partnership, association, foundation, or other supporting organization, joint venture or other entity organized for any purpose or any individual. The investments of any entity wholly owned or controlled by the Authority<\/span> that is an “institution,” as such term is defined in § 64.2-1100<\/a> shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Participate in joint ventures with individuals, domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations, or other supporting organizations or other entities for providing medical care or related services or other activities that the Authority<\/span> may undertake to the extent that such undertakings assist the Authority<\/span> in carrying out the purposes and intent<\/span> of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Provide domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures or other entities owned in whole or in part or controlled, directly or indirectly, in whole or in part, by the Authority<\/span> with appropriate assistance, including making loans and providing time of employees, in carrying out any activities authorized by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Make loans and provide other assistance to domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Transact its business, locate its offices and control, directly or through domestic or foreign stock and nonstock corporations, limited liability companies, partnerships, limited partnerships, associations, foundations or other supporting organizations, joint ventures, or other entities, facilities that will assist or aid the Authority<\/span> in carrying out the purposes and intent<\/span> of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Procure such insurance, participate in such insurance plans, or provide such self-insurance, or any combination thereof, as it deems necessary or convenient to carry out the purposes and provisions of this chapter. The purchase of insurance, participation in an insurance plan, or creation of a self-insurance plan by the Authority<\/span> shall not be deemed a waiver<\/span> or relinquishment of any sovereign immunity to which the Authority<\/span> or its members, officers, directors, employees, or agents are otherwise entitled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Exercise all other powers granted to nonstock corporations pursuant to § 13.1-826<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Receive and review applications for approval of proposed cooperative agreements<\/span> submitted by two or more hospitals<\/span> pursuant to § 15.2-5384.1<\/a>, and provide recommendations to the Commissioner<\/span> regarding the approval of such applications. The Authority<\/span> may establish a fee structure, and may assess a fee, to support its review of applications for approval of proposed cooperative agreements<\/span>. The amount of the fee that the Authority<\/span> is authorized to assess the parties submitting such an application shall not exceed $50,000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF AUTHORITY (\u00a7 15.2-5374)\n\nThe Authority shall have all powers necessary or convenient to carry out the\ngeneral purposes of this chapter, including the power to:\n\n1. Sue and be sued; adopt a seal and alter the same at pleasure; have perpetual\nsuccession; and to make and execute contracts and other instruments necessary or\nconvenient to the exercise of its powers.\n\n2. Employ such technical experts and such other officers, agents, and employees\nas it may require, to fix their qualifications, duties, and compensation, and to\nremove such employees at pleasure.\n\n3. Acquire within the territorial limits of the participating localities\nembraced by it, by purchase, lease, gift, or otherwise, whatever lands,\nbuildings, and structures as may be reasonably necessary for the purpose of\nestablishing, constructing, enlarging, maintaining, and operating one or more\nhospitals or health centers.\n\n4. Sell, lease, exchange, transfer, or assign any of its real or personal\nproperty or any portion thereof or interest therein to any person, firm, or\ncorporation whenever the Authority finds such action to be in furtherance of the\npurposes for which the Authority was created.\n\n5. Acquire, establish, construct, enlarge, improve, maintain, equip, and operate\nany hospital or health center and any other facility and service for the care\nand treatment of sick persons.\n\n6. Make and enforce rules and regulations for the management and conduct of its\nbusiness and affairs and for the use, maintenance and operation of its\nfacilities and properties.\n\n7. Accept gifts and grants, including real or personal property, from the\nCommonwealth or any political subdivision thereof and from the United States and\nany of its agencies; and accept donations of money, personal property, or real\nestate and take title thereto from any person.\n\n8. Make rules and regulations governing the admission, care, and treatment of\npatients in such hospital or health center, classify patients as to charges to\nbe paid by them, if any, and determine the nature and extent of the service to\nbe rendered patients.\n\n9. Comply with the provisions of the laws of the United States and the\nCommonwealth and any rules and regulations made thereunder for the expenditures\nof federal or state money in connection with hospitals or health centers and to\naccept, receive, and receipt for federal and state money granted the Authority\nor granted any of the participating localities embraced by it for hospital or\nhealth center purposes.\n\n10. Borrow money upon its bonds, notes, debentures, or other evidences of\nindebtedness issued for the purpose only of acquiring, constructing, improving,\nfurnishing, or equipping buildings or structures for use as a hospital or health\ncenter, and to secure the same by pledges of its revenues and property as\nhereafter provided. This power shall include the power to refinance all or any\nportion of such debt, to renegotiate the terms of all or any portion of such\ndebt, and to retire all or any portion of such debt prior to its maturity date.\nThis power shall include the power to borrow money upon its bonds, notes,\ndebentures, or other evidences of indebtedness for the purpose of operations of\nany not-for-profit or nonprofit dental or medical facility for which the\nAuthority or any participating locality has also provided funding pursuant to\nthis chapter in furtherance of any lease, contract, or agreement entered into by\nthe Authority pursuant to subdivision 12 or 13. Such power to borrow money upon\nits bonds, notes, debentures, or other evidences of indebtedness shall only be\nconsidered by the Authority after receipt of a prospectus, operational budget,\nand five-year business plan for the dental or medical facility together with\nidentification of all revenue and funding resources required to fully meet the\nfive-year operational budget. Upon receipt, the Authority shall make the\nprospectus, operational budget, and business plan available to the public and\nenable the public to respond in a public hearing prior to approval being taken\nup for consideration. In addition, the prospectus, operational budget, and\nbusiness plan shall be reviewed by the State Council of Higher Education for\nVirginia prior to approval by the Authority. Thereafter, the Council shall\nreview the operations of the Authority prior to the exercise of bond authority\npursuant to this subdivision. The Council shall report its findings to the\nChairman of the House Committee on Appropriations and the Chairman of the Senate\nCommittee on Finance and Appropriations.\n\n11. Execute all instruments necessary or convenient in connection with the\nborrowing of money and issuing bonds as herein authorized.\n\n12. Enter into leases and agreements with persons for the construction or\noperation or both of a hospital or health center by such persons on land of the\nAuthority.\n\n13. Contract for the management and operation of any hospital or health center\nsubject to the control of the Authority; however, the Authority may charge such\nrates for service as will enable it to make reasonable compensation for such\nmanagement and operation.\n\n14. Assist in or provide for the creation of domestic or foreign stock and\nnonstock corporations, limited liability companies, partnerships, limited\npartnerships, associations, foundations, or other supporting organizations or\nother entities and to purchase, receive, subscribe for, or otherwise acquire,\nown, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose\nof shares of or other interests in or obligations of any domestic or foreign\nstock and nonstock corporations, limited liability companies, partnerships,\nlimited partnerships, associations, foundations, or other supporting\norganizations, joint ventures, or other entities organized for any purpose, or\ndirect or indirect obligations of the United States, or of any other government,\nstate, territory, governmental district or municipality or of any other\nobligations of any domestic or foreign stock or nonstock corporation, limited\nliability company, partnership, limited partnership, association, foundation, or\nother supporting organization, joint venture or other entity organized for any\npurpose or any individual. The investments of any entity wholly owned or\ncontrolled by the Authority that is an “institution,” as such term\nis defined in § 64.2-1100 shall be governed by the Uniform Prudent\nManagement of Institutional Funds Act (§ 64.2-1100 et seq.).\n\n15. Participate in joint ventures with individuals, domestic or foreign stock\nand nonstock corporations, limited liability companies, partnerships, limited\npartnerships, associations, foundations, or other supporting organizations or\nother entities for providing medical care or related services or other\nactivities that the Authority may undertake to the extent that such undertakings\nassist the Authority in carrying out the purposes and intent of this chapter.\n\n16. Provide domestic or foreign stock and nonstock corporations, limited\nliability companies, partnerships, limited partnerships, associations,\nfoundations or other supporting organizations, joint ventures or other entities\nowned in whole or in part or controlled, directly or indirectly, in whole or in\npart, by the Authority with appropriate assistance, including making loans and\nproviding time of employees, in carrying out any activities authorized by this\nchapter.\n\n17. Make loans and provide other assistance to domestic or foreign stock and\nnonstock corporations, limited liability companies, partnerships, limited\npartnerships, associations, foundations or other supporting organizations, joint\nventures, or other entities.\n\n18. Transact its business, locate its offices and control, directly or through\ndomestic or foreign stock and nonstock corporations, limited liability\ncompanies, partnerships, limited partnerships, associations, foundations or\nother supporting organizations, joint ventures, or other entities, facilities\nthat will assist or aid the Authority in carrying out the purposes and intent of\nthis chapter.\n\n19. Procure such insurance, participate in such insurance plans, or provide such\nself-insurance, or any combination thereof, as it deems necessary or convenient\nto carry out the purposes and provisions of this chapter. The purchase of\ninsurance, participation in an insurance plan, or creation of a self-insurance\nplan by the Authority shall not be deemed a waiver or relinquishment of any\nsovereign immunity to which the Authority or its members, officers, directors,\nemployees, or agents are otherwise entitled.\n\n20. Exercise all other powers granted to nonstock corporations pursuant to\n§ 13.1-826.\n\n21. Receive and review applications for approval of proposed cooperative\nagreements submitted by two or more hospitals pursuant to § 15.2-5384.1,\nand provide recommendations to the Commissioner regarding the approval of such\napplications. The Authority may establish a fee structure, and may assess a fee,\nto support its review of applications for approval of proposed cooperative\nagreements. The amount of the fee that the Authority is authorized to assess the\nparties submitting such an application shall not exceed $50,000.\n\nHISTORY: 2007, c. 676; 2008, c. 184; 2013, c. 660; 2015, c. 741.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}