{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-1006.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-1006.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-1006.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-1006.html"}],"law_id":56640,"edition_id":1,"section_id":56640,"structure_id":14810,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","history":"2005, cc. 933, 945, \u00a7\u00a7 23-38.88, 23-38.91, 23-38.92, 23-38.93, 23-38.96, 23-38.97; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013, c. 482; 2014, cc. 484, 628, 815; 2016, c. 588.","full_text":"A\n\nEach covered institution that complies with the requirements of this article shall have the powers set forth in this article that are expressly included in the management agreement.B\n\nEach management agreement shall include:1\n\nA copy of the governing board’s resolution in support of a request for restructured operational authority;2\n\nThe institution’s express agreement to reimburse the Commonwealth for any additional costs that the Commonwealth incurs to provide health or other group insurance benefits to employees and undertake any risk management program that are attributable to the institution’s exercise of restructured operational authority;3\n\nThe institution’s undergraduate Virginia student enrollment, financial aid requirements and capabilities, and tuition policy for undergraduate Virginia students; and4\n\nA statement of the Governor’s power to void the management agreement pursuant to subsection E of § 23.1-1007.C\n\nThere is a presumption that restructured operational authority is not included in the management agreement, and such authority shall only be granted to a covered institution if it is expressly included in the management agreement. The only implied authority that is granted to a covered institution is that which is necessary to carry out the express grant of restructured operational authority. Each covered institution shall be governed and administered in the manner provided in (i) this article but subject to the expressed terms of the management agreement, (ii) the general appropriation act, and (iii) the institution’s enabling statutes.D\n\nExcept as specifically made inapplicable under this article or the express terms of a management agreement, the provisions of Title 2.2 relating generally to the operation, management, supervision, regulation, and control of public institutions of higher education are applicable to covered institutions as provided by the express terms of the management agreement.E\n\nIn the event of a conflict between any provision of Title 2.2 and any provision of the management agreement, the provisions of the management agreement control. In the event of a conflict between any provision of this article and an institution’s enabling statutes, the enabling statutes control.F\n\nThe provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) that are applicable to officers and employees of a state governmental agency shall continue to apply to the members of the governing board and the covered employees of a covered institution.G\n\nA covered institution, its officers, directors, employees, and agents, and the members of its governing board are entitled to the same sovereign immunity to which they would be entitled if the institution were not governed by this article.H\n\nThe Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and its limitations on recoveries remain applicable to covered institutions.I\n\nA management agreement with a public institution of higher education shall not grant restructured operational authority to the Virginia Cooperative Extension Service and Agricultural Experiment Station Division, the University of Virginia’s College at Wise, the Virginia Institute of Marine Science, or an affiliated entity of the institution unless the intent to grant such authority and the degree to which such authority is granted is expressly included in the management agreement.J\n\nFor purposes of §§ 23.1-101, 23.1-102, 23.1-103, 23.1-104, and 23.1-107, Chapter 2 (§ 23.1-200 et seq.), §§ 23.1-306, 23.1-402, 23.1-403, and 23.1-404, Chapter 5 (§ 23.1-500 et seq.), Chapter 6 (§ 23.1-600 et seq.), Chapter 7 (§ 23.1-700 et seq.), §§ 23.1-800, 23.1-801, 23.1-901, and 23.1-1001, Chapter 11 (§ 23.1-1100 et seq.), Chapter 12 (§ 23.1-1200 et seq.), subsections G, H, and I of § 23.1-1300, § 23.1-1302, and subdivision B of § 23.1-1303, each covered institution shall remain a public institution of higher education following its conversion to a covered institution governed by this article and shall retain the authority granted and any obligations required by such provisions.K\n\nState government-owned or operated and state-owned teaching hospitals that are a part of a covered institution as of the effective date of the covered institution’s initial management agreement shall continue to be characterized as state government-owned or operated and state-owned teaching hospitals for purposes of payments under the state plan for medical assistance services adopted pursuant to § 32.1-325, provided that the covered institution commits to serve indigent and medically indigent patients. If such covered institution commits to serve indigent and medically indigent patients, the Commonwealth, through the Department of Medical Assistance Services, shall, subject to the appropriation in the current general appropriation act, continue to reimburse the full cost of the provision of care, treatment, health-related services, and educational services to indigent and medically indigent patients and continue to treat hospitals that were part of a covered institution and that were Type One Hospitals prior to the effective date of the covered institution’s initial management agreement as Type One Hospitals for purposes of such reimbursement.L\n\nConsistent with the terms of the management agreement, the governing board of each covered institution shall assume full responsibility for management of the institution, subject to the requirements and conditions set forth in this article and the management agreement, and shall be fully accountable for meeting the requirements of §§ 23.1-206, 23.1-306, and 23.1-310 and such other provisions as may be set forth in the management agreement.","order_by":null,"text":{"0":{"id":207257,"text":"Each covered institution that complies with the requirements of this article shall have the powers set forth in this article that are expressly included in the management agreement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207258,"text":"Each management agreement shall include:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":207259,"text":"A copy of the governing board’s resolution in support of a request for restructured operational authority;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":207260,"text":"The institution’s express agreement to reimburse the Commonwealth for any additional costs that the Commonwealth incurs to provide health or other group insurance benefits to employees and undertake any risk management program that are attributable to the institution’s exercise of restructured operational authority;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":207261,"text":"The institution’s undergraduate Virginia student enrollment, financial aid requirements and capabilities, and tuition policy for undergraduate Virginia students; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":207262,"text":"A statement of the Governor’s power to void the management agreement pursuant to subsection E of § 23.1-1007.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":207263,"text":"There is a presumption that restructured operational authority is not included in the management agreement, and such authority shall only be granted to a covered institution if it is expressly included in the management agreement. The only implied authority that is granted to a covered institution is that which is necessary to carry out the express grant of restructured operational authority. Each covered institution shall be governed and administered in the manner provided in (i) this article but subject to the expressed terms of the management agreement, (ii) the general appropriation act, and (iii) the institution’s enabling statutes.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":207264,"text":"Except as specifically made inapplicable under this article or the express terms of a management agreement, the provisions of Title 2.2 relating generally to the operation, management, supervision, regulation, and control of public institutions of higher education are applicable to covered institutions as provided by the express terms of the management agreement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":207265,"text":"In the event of a conflict between any provision of Title 2.2 and any provision of the management agreement, the provisions of the management agreement control. In the event of a conflict between any provision of this article and an institution’s enabling statutes, the enabling statutes control.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":207266,"text":"The provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) that are applicable to officers and employees of a state governmental agency shall continue to apply to the members of the governing board and the covered employees of a covered institution.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":207267,"text":"A covered institution, its officers, directors, employees, and agents, and the members of its governing board are entitled to the same sovereign immunity to which they would be entitled if the institution were not governed by this article.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":207268,"text":"The Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and its limitations on recoveries remain applicable to covered institutions.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":207269,"text":"A management agreement with a public institution of higher education shall not grant restructured operational authority to the Virginia Cooperative Extension Service and Agricultural Experiment Station Division, the University of Virginia’s College at Wise, the Virginia Institute of Marine Science, or an affiliated entity of the institution unless the intent to grant such authority and the degree to which such authority is granted is expressly included in the management agreement.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":207270,"text":"For purposes of §§ 23.1-101, 23.1-102, 23.1-103, 23.1-104, and 23.1-107, Chapter 2 (§ 23.1-200 et seq.), §§ 23.1-306, 23.1-402, 23.1-403, and 23.1-404, Chapter 5 (§ 23.1-500 et seq.), Chapter 6 (§ 23.1-600 et seq.), Chapter 7 (§ 23.1-700 et seq.), §§ 23.1-800, 23.1-801, 23.1-901, and 23.1-1001, Chapter 11 (§ 23.1-1100 et seq.), Chapter 12 (§ 23.1-1200 et seq.), subsections G, H, and I of § 23.1-1300, § 23.1-1302, and subdivision B of § 23.1-1303, each covered institution shall remain a public institution of higher education following its conversion to a covered institution governed by this article and shall retain the authority granted and any obligations required by such provisions.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":207271,"text":"State government-owned or operated and state-owned teaching hospitals that are a part of a covered institution as of the effective date of the covered institution’s initial management agreement shall continue to be characterized as state government-owned or operated and state-owned teaching hospitals for purposes of payments under the state plan for medical assistance services adopted pursuant to § 32.1-325, provided that the covered institution commits to serve indigent and medically indigent patients. If such covered institution commits to serve indigent and medically indigent patients, the Commonwealth, through the Department of Medical Assistance Services, shall, subject to the appropriation in the current general appropriation act, continue to reimburse the full cost of the provision of care, treatment, health-related services, and educational services to indigent and medically indigent patients and continue to treat hospitals that were part of a covered institution and that were Type One Hospitals prior to the effective date of the covered institution’s initial management agreement as Type One Hospitals for purposes of such reimbursement.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":207272,"text":"Consistent with the terms of the management agreement, the governing board of each covered institution shall assume full responsibility for management of the institution, subject to the requirements and conditions set forth in this article and the management agreement, and shall be fully accountable for meeting the requirements of §§ 23.1-206, 23.1-306, and 23.1-310 and such other provisions as may be set forth in the management agreement.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":14810,"edition_id":1,"name":"Restructured Financial and Administrative Authority; Covered Institutions; Management Agreements","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14809,"metadata":{},"date_created":"2026-06-26 03:50:04","date_modified":"2026-06-26 03:50:04","permalink":{"id":185539,"object_type":"structure","relational_id":14810,"identifier":"4","token":"23.1\/III\/10\/4","url":"\/23.1\/III\/10\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14809,"edition_id":1,"name":"Restructured Higher Education Financial and Administrative Operations Act","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":14060,"metadata":{},"date_created":"2026-06-26 03:50:04","date_modified":"2026-06-26 03:50:04","permalink":{"id":185515,"object_type":"structure","relational_id":14809,"identifier":"10","token":"23.1\/III\/10","url":"\/23.1\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14060,"edition_id":1,"name":"Management and Financing","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":185513,"object_type":"structure","relational_id":14060,"identifier":"III","token":"23.1\/III","url":"\/23.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72164,"structure_id":14810,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","url":"\/23.1-1004\/","token":"23.1\/III\/10\/4\/23.1-1004","metadata":false},{"id":83668,"structure_id":14810,"section_number":"23.1-1005","catch_line":"Approval of a management agreement","url":"\/23.1-1005\/","token":"23.1\/III\/10\/4\/23.1-1005","metadata":false},{"id":56640,"structure_id":14810,"section_number":"23.1-1006","catch_line":"Management agreement; contents and scope","url":"\/23.1-1006\/","token":"23.1\/III\/10\/4\/23.1-1006","metadata":false},{"id":63108,"structure_id":14810,"section_number":"23.1-1007","catch_line":"Management agreement; duration and oversight","url":"\/23.1-1007\/","token":"23.1\/III\/10\/4\/23.1-1007","metadata":false},{"id":58529,"structure_id":14810,"section_number":"23.1-1008","catch_line":"Covered institutions; operational authority generally","url":"\/23.1-1008\/","token":"23.1\/III\/10\/4\/23.1-1008","metadata":false},{"id":68969,"structure_id":14810,"section_number":"23.1-1009","catch_line":"Covered institutions; operational authority; projects","url":"\/23.1-1009\/","token":"23.1\/III\/10\/4\/23.1-1009","metadata":false},{"id":71430,"structure_id":14810,"section_number":"23.1-1010","catch_line":"Covered institutions; operational authority; creation of entities and participation in joint ventures","url":"\/23.1-1010\/","token":"23.1\/III\/10\/4\/23.1-1010","metadata":false},{"id":66142,"structure_id":14810,"section_number":"23.1-1011","catch_line":"Covered institutions; operational authority; campus police","url":"\/23.1-1011\/","token":"23.1\/III\/10\/4\/23.1-1011","metadata":false},{"id":69766,"structure_id":14810,"section_number":"23.1-1012","catch_line":"Covered institutions; operational authority; financial operations generally","url":"\/23.1-1012\/","token":"23.1\/III\/10\/4\/23.1-1012","metadata":false},{"id":79752,"structure_id":14810,"section_number":"23.1-1013","catch_line":"Covered institutions; operational authority; financial operations; investment of operating funds","url":"\/23.1-1013\/","token":"23.1\/III\/10\/4\/23.1-1013","metadata":false},{"id":68235,"structure_id":14810,"section_number":"23.1-1014","catch_line":"Covered institutions; operational authority; financial operations; financing and indebtedness","url":"\/23.1-1014\/","token":"23.1\/III\/10\/4\/23.1-1014","metadata":false},{"id":65904,"structure_id":14810,"section_number":"23.1-1015","catch_line":"Covered institutions; operational authority; financial operations; power to issue bonds, notes, or other obligations","url":"\/23.1-1015\/","token":"23.1\/III\/10\/4\/23.1-1015","metadata":false},{"id":86805,"structure_id":14810,"section_number":"23.1-1016","catch_line":"Covered institutions; operational authority; financial operations; capital projects","url":"\/23.1-1016\/","token":"23.1\/III\/10\/4\/23.1-1016","metadata":false},{"id":74516,"structure_id":14810,"section_number":"23.1-1017","catch_line":"Covered institutions; operational authority; procurement","url":"\/23.1-1017\/","token":"23.1\/III\/10\/4\/23.1-1017","metadata":false},{"id":79632,"structure_id":14810,"section_number":"23.1-1018","catch_line":"Covered institutions; operational authority; information technology","url":"\/23.1-1018\/","token":"23.1\/III\/10\/4\/23.1-1018","metadata":false},{"id":68739,"structure_id":14810,"section_number":"23.1-1019","catch_line":"Covered institutions; operational authority; property, grants, and loans","url":"\/23.1-1019\/","token":"23.1\/III\/10\/4\/23.1-1019","metadata":false},{"id":61212,"structure_id":14810,"section_number":"23.1-1020","catch_line":"Covered institutions; operational authority; human resources; covered employees generally","url":"\/23.1-1020\/","token":"23.1\/III\/10\/4\/23.1-1020","metadata":false},{"id":78983,"structure_id":14810,"section_number":"23.1-1021","catch_line":"Covered institutions; 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duration and oversight","url":"\/23.1-1007\/","token":"23.1\/III\/10\/4\/23.1-1007","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-1006\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 933<\/a> and 945<\/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 6 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 2006, chapter 775<\/a>; in 2009, chapters 827<\/a> and 845<\/a>; in 2011, chapters 828<\/a> and 869<\/a>; in 2013, chapter 482<\/a>; in 2014, chapters 484<\/a>, 628<\/a>, and 815<\/a>; in 2016, chapter 588<\/a>.<\/p>","references":false,"refers_to":[{"id":71618,"section_number":"2.2-3100","catch_line":"Policy; application; construction","order_by":null,"url":"\/2.2-3100\/"},{"id":72541,"section_number":"23.1-1001","catch_line":"Financial and administrative management standards for public institutions of higher education","order_by":null,"url":"\/23.1-1001\/"},{"id":84777,"section_number":"23.1-101","catch_line":"Endowment funds of public institutions of higher education","order_by":null,"url":"\/23.1-101\/"},{"id":77600,"section_number":"23.1-102","catch_line":"Chief executive officer of each public institution of higher education; duties","order_by":null,"url":"\/23.1-102\/"},{"id":83553,"section_number":"23.1-103","catch_line":"Localities; conveyance of property and appropriation of funds to Commonwealth for certain educational purposes","order_by":null,"url":"\/23.1-103\/"},{"id":76250,"section_number":"23.1-104","catch_line":"Disposition of lost or abandoned property","order_by":null,"url":"\/23.1-104\/"},{"id":68499,"section_number":"23.1-107","catch_line":"Private institutions of higher education; human research review committees","order_by":null,"url":"\/23.1-107\/"},{"id":55320,"section_number":"23.1-1100","catch_line":"Definitions","order_by":null,"url":"\/23.1-1100\/"},{"id":84904,"section_number":"23.1-1200","catch_line":"Definitions; findings","order_by":null,"url":"\/23.1-1200\/"},{"id":82055,"section_number":"23.1-1300","catch_line":"Members of governing boards; removal; terms; nonvoting, advisory representatives; residency","order_by":null,"url":"\/23.1-1300\/"},{"id":85259,"section_number":"23.1-1302","catch_line":"Governing boards; additional powers; voluntary early retirement","order_by":null,"url":"\/23.1-1302\/"},{"id":79716,"section_number":"23.1-1303","catch_line":"Governing boards; duties","order_by":null,"url":"\/23.1-1303\/"},{"id":55542,"section_number":"23.1-200","catch_line":"(Effective July 1, 2026) State Council of Higher Education for Virginia established; purpose; membership; terms; officers","order_by":null,"url":"\/23.1-200\/"},{"id":67622,"section_number":"23.1-206","catch_line":"Assessments of the performance of public institutions of higher education","order_by":null,"url":"\/23.1-206\/"},{"id":68012,"section_number":"23.1-306","catch_line":"Public institutions of higher education; six-year plans; institutional partnership performance agreements","order_by":null,"url":"\/23.1-306\/"},{"id":70567,"section_number":"23.1-310","catch_line":"Assessment and certification of institutions by the Council","order_by":null,"url":"\/23.1-310\/"},{"id":69219,"section_number":"23.1-402","catch_line":"Collection and dissemination of information concerning religious preferences and affiliations","order_by":null,"url":"\/23.1-402\/"},{"id":57736,"section_number":"23.1-403","catch_line":"Access to campus and student directory provided to certain persons and groups","order_by":null,"url":"\/23.1-403\/"},{"id":60490,"section_number":"23.1-404","catch_line":"Retention of student birth certificates authorized","order_by":null,"url":"\/23.1-404\/"},{"id":87208,"section_number":"23.1-500","catch_line":"Definitions","order_by":null,"url":"\/23.1-500\/"},{"id":71305,"section_number":"23.1-600","catch_line":"Participation in and eligibility for state-supported financial aid programs","order_by":null,"url":"\/23.1-600\/"},{"id":66160,"section_number":"23.1-700","catch_line":"Definitions","order_by":null,"url":"\/23.1-700\/"},{"id":57495,"section_number":"23.1-800","catch_line":"Health histories and immunizations required; exemptions","order_by":null,"url":"\/23.1-800\/"},{"id":77227,"section_number":"23.1-801","catch_line":"Educational program on human immunodeficiency virus infection","order_by":null,"url":"\/23.1-801\/"},{"id":72934,"section_number":"23.1-901","catch_line":"Programs on economics education and financial literacy","order_by":null,"url":"\/23.1-901\/"},{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"},{"id":86997,"section_number":"8.01-195.1","catch_line":"Short title","order_by":null,"url":"\/8.01-195.1\/"}],"permalink":{"id":185549,"object_type":"law","relational_id":56640,"identifier":"23.1-1006","token":"23.1\/III\/10\/4\/23.1-1006","url":"\/23.1-1006\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-1006\/","token":"23.1\/III\/10\/4\/23.1-1006","dublin_core":{"Title":"Management agreement; contents and scope","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-1006","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each covered institution<\/span> that complies with the requirements of this article shall have the powers set forth in this article that are expressly included in the management agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each management agreement<\/span> shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A copy of the governing board<\/span>’s resolution in support of a request for restructured operational authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The institution’s express agreement to reimburse the Commonwealth for any additional costs that the Commonwealth incurs to provide health or other group insurance benefits to employees and undertake any risk management program that are attributable to the institution’s exercise of restructured operational authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The institution’s undergraduate Virginia student<\/span> enrollment, financial aid requirements and capabilities, and tuition policy for undergraduate Virginia students<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the Governor’s power to void the management agreement<\/span> pursuant to subsection E of § 23.1-1007<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> There is a presumption<\/span> that restructured operational authority is not included in the management agreement<\/span>, and such authority shall only be granted to a covered institution<\/span> if it is expressly included in the management agreement<\/span>. The only implied authority that is granted to a covered institution<\/span> is that which is necessary to carry out the express grant of restructured operational authority. Each covered institution<\/span> shall be governed and administered in the manner provided in (i) this article but subject to the expressed terms of the management agreement<\/span>, (ii) the general appropriation act, and (iii) the institution’s enabling statutes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as specifically made inapplicable under this article or the express terms of a management agreement<\/span>, the provisions of Title 2.2 relating generally to the operation, management, supervision, regulation, and control of public institutions of higher education are applicable to covered institutions<\/span> as provided by the express terms of the management agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event of a conflict between any provision of Title 2.2 and any provision of the management agreement<\/span>, the provisions of the management agreement<\/span> control. In the event of a conflict between any provision of this article and an institution’s enabling statutes<\/span>, the enabling statutes<\/span> control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of the State and Local Government Conflict of Interests<\/span> Act (§ 2.2-3100<\/a> et seq.) that are applicable to officers and employees of a state governmental agency shall continue to apply to the members of the governing board<\/span> and the covered employees<\/span> of a covered institution<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A covered institution<\/span>, its officers, directors, employees, and agents, and the members of its governing board<\/span> are entitled to the same sovereign immunity to which they would be entitled if the institution were not governed by this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Virginia Tort<\/span> Claims Act (§ 8.01-195.1<\/a> et seq.) and its limitations on recoveries remain applicable to covered institutions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A management agreement<\/span> with a public institution of higher education<\/span> shall not grant restructured operational authority to the Virginia Cooperative Extension Service and Agricultural Experiment Station Division, the University of Virginia’s College at Wise, the Virginia Institute of Marine Science, or an affiliated entity of the institution unless the intent<\/span> to grant such authority and the degree to which such authority is granted is expressly included in the management agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For purposes of §§ 23.1-101<\/a>, 23.1-102<\/a>, 23.1-103<\/a>, 23.1-104<\/a>, and 23.1-107<\/a>, Chapter 2 (§ 23.1-200<\/a> et seq.), §§ 23.1-306<\/a>, 23.1-402<\/a>, 23.1-403<\/a>, and 23.1-404<\/a>, Chapter 5 (§ 23.1-500<\/a> et seq.), Chapter 6 (§ 23.1-600<\/a> et seq.), Chapter 7 (§ 23.1-700<\/a> et seq.), §§ 23.1-800<\/a>, 23.1-801<\/a>, 23.1-901<\/a>, and 23.1-1001<\/a>, Chapter 11 (§ 23.1-1100<\/a> et seq.), Chapter 12 (§ 23.1-1200<\/a> et seq.), subsections G, H, and I of § 23.1-1300<\/a>, § 23.1-1302<\/a>, and subdivision B of § 23.1-1303<\/a>, each covered institution<\/span> shall remain a public institution of higher education<\/span> following its conversion to a covered institution<\/span> governed by this article and shall retain the authority granted and any obligations required by such provisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> State government-owned or operated and state-owned teaching hospitals that are a part of a covered institution<\/span> as of the effective date of the covered institution<\/span>’s initial management agreement<\/span> shall continue to be characterized as state government-owned or operated and state-owned teaching hospitals for purposes of payments under the state plan for medical assistance services adopted pursuant to § 32.1-325<\/a>, provided that the covered institution<\/span> commits to serve indigent<\/span> and medically indigent<\/span> patients. If such covered institution<\/span> commits to serve indigent<\/span> and medically indigent<\/span> patients, the Commonwealth, through the Department of Medical Assistance Services, shall, subject to the appropriation in the current general appropriation act, continue to reimburse the full cost of the provision of care, treatment, health-related services, and educational services to indigent<\/span> and medically indigent<\/span> patients and continue to treat hospitals that were part of a covered institution<\/span> and that were Type One Hospitals prior to the effective date of the covered institution<\/span>’s initial management agreement<\/span> as Type One Hospitals for purposes of such reimbursement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Consistent with the terms of the management agreement<\/span>, the governing board<\/span> of each covered institution<\/span> shall assume full responsibility for management of the institution, subject to the requirements and conditions set forth in this article and the management agreement<\/span>, and shall be fully accountable for meeting the requirements of §§ 23.1-206<\/a>, 23.1-306<\/a>, and 23.1-310<\/a> and such other provisions as may be set forth in the management agreement<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANAGEMENT AGREEMENT; CONTENTS AND SCOPE (\u00a7 23.1-1006)\n\nA. Each covered institution that complies with the requirements of this article\nshall have the powers set forth in this article that are expressly included in\nthe management agreement.\n\nB. Each management agreement shall include:\n\n 1. A copy of the governing board’s resolution in support of a request\n for restructured operational authority;\n\n 2. The institution’s express agreement to reimburse the Commonwealth for\n any additional costs that the Commonwealth incurs to provide health or other\n group insurance benefits to employees and undertake any risk management\n program that are attributable to the institution’s exercise of\n restructured operational authority;\n\n 3. The institution’s undergraduate Virginia student enrollment,\n financial aid requirements and capabilities, and tuition policy for\n undergraduate Virginia students; and\n\n 4. A statement of the Governor’s power to void the management agreement\n pursuant to subsection E of § 23.1-1007.\n\nC. There is a presumption that restructured operational authority is not\nincluded in the management agreement, and such authority shall only be granted\nto a covered institution if it is expressly included in the management\nagreement. The only implied authority that is granted to a covered institution\nis that which is necessary to carry out the express grant of restructured\noperational authority. Each covered institution shall be governed and\nadministered in the manner provided in (i) this article but subject to the\nexpressed terms of the management agreement, (ii) the general appropriation act,\nand (iii) the institution’s enabling statutes.\n\nD. Except as specifically made inapplicable under this article or the express\nterms of a management agreement, the provisions of Title 2.2 relating generally\nto the operation, management, supervision, regulation, and control of public\ninstitutions of higher education are applicable to covered institutions as\nprovided by the express terms of the management agreement.\n\nE. In the event of a conflict between any provision of Title 2.2 and any\nprovision of the management agreement, the provisions of the management\nagreement control. In the event of a conflict between any provision of this\narticle and an institution’s enabling statutes, the enabling statutes\ncontrol.\n\nF. The provisions of the State and Local Government Conflict of Interests Act\n(§ 2.2-3100 et seq.) that are applicable to officers and employees of a\nstate governmental agency shall continue to apply to the members of the\ngoverning board and the covered employees of a covered institution.\n\nG. A covered institution, its officers, directors, employees, and agents, and\nthe members of its governing board are entitled to the same sovereign immunity\nto which they would be entitled if the institution were not governed by this\narticle.\n\nH. The Virginia Tort Claims Act (§ 8.01-195.1 et seq.) and its limitations\non recoveries remain applicable to covered institutions.\n\nI. A management agreement with a public institution of higher education shall\nnot grant restructured operational authority to the Virginia Cooperative\nExtension Service and Agricultural Experiment Station Division, the University\nof Virginia’s College at Wise, the Virginia Institute of Marine Science,\nor an affiliated entity of the institution unless the intent to grant such\nauthority and the degree to which such authority is granted is expressly\nincluded in the management agreement.\n\nJ. For purposes of §§ 23.1-101, 23.1-102, 23.1-103, 23.1-104, and\n23.1-107, Chapter 2 (§ 23.1-200 et seq.), §§ 23.1-306, 23.1-402,\n23.1-403, and 23.1-404, Chapter 5 (§ 23.1-500 et seq.), Chapter 6 (§\n23.1-600 et seq.), Chapter 7 (§ 23.1-700 et seq.), §§ 23.1-800,\n23.1-801, 23.1-901, and 23.1-1001, Chapter 11 (§ 23.1-1100 et seq.),\nChapter 12 (§ 23.1-1200 et seq.), subsections G, H, and I of §\n23.1-1300, § 23.1-1302, and subdivision B of § 23.1-1303, each covered\ninstitution shall remain a public institution of higher education following its\nconversion to a covered institution governed by this article and shall retain\nthe authority granted and any obligations required by such provisions.\n\nK. State government-owned or operated and state-owned teaching hospitals that\nare a part of a covered institution as of the effective date of the covered\ninstitution’s initial management agreement shall continue to be\ncharacterized as state government-owned or operated and state-owned teaching\nhospitals for purposes of payments under the state plan for medical assistance\nservices adopted pursuant to § 32.1-325, provided that the covered\ninstitution commits to serve indigent and medically indigent patients. If such\ncovered institution commits to serve indigent and medically indigent patients,\nthe Commonwealth, through the Department of Medical Assistance Services, shall,\nsubject to the appropriation in the current general appropriation act, continue\nto reimburse the full cost of the provision of care, treatment, health-related\nservices, and educational services to indigent and medically indigent patients\nand continue to treat hospitals that were part of a covered institution and that\nwere Type One Hospitals prior to the effective date of the covered\ninstitution’s initial management agreement as Type One Hospitals for\npurposes of such reimbursement.\n\nL. Consistent with the terms of the management agreement, the governing board of\neach covered institution shall assume full responsibility for management of the\ninstitution, subject to the requirements and conditions set forth in this\narticle and the management agreement, and shall be fully accountable for meeting\nthe requirements of §§ 23.1-206, 23.1-306, and 23.1-310 and such other\nprovisions as may be set forth in the management agreement.\n\nHISTORY: 2005, cc. 933, 945, \u00a7\u00a7 23-38.88, 23-38.91, 23-38.92, 23-38.93,\n23-38.96, 23-38.97; 2006, c. 775; 2009, cc. 827, 845; 2011, cc. 828, 869; 2013,\nc. 482; 2014, cc. 484, 628, 815; 2016, c. 588.","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}}