                                 CODE OF VIRGINIA

POWERS OF THE AUTHORITY (§ 23.1-2404)

A. The Authority has all the powers necessary or convenient to carry out the
purposes and provisions of this chapter, including the power to:

   1. Sue and be sued in its own name;

   2. Have and alter an official seal;

   3. Have perpetual duration and succession in its name;

   4. Locate and maintain offices at such places as it may designate;

   5. Make and execute contracts, guarantees, or any other instruments and
   agreements necessary or convenient for the exercise of its powers and
   functions, including contracts with hospitals or health care businesses to
   operate and manage any or all of the hospital facilities or operations, and
   incur liabilities and secure the obligations of any entity or individual;

   6. Conduct or engage in any lawful business, activity, effort, or project
   consistent with the Authority&#8217;s purposes or necessary or convenient to
   exercise its powers;

   7. Exercise, in addition to its other powers, all powers that are (i) granted
   to corporations by the provisions of Title 13.1 or similar provisions of any
   successor law, except in those cases in which the power is confined to
   corporations created under such title, and (ii) not inconsistent with the
   purposes and intent of this chapter or the limitations included in this
   chapter;

   8. Accept, hold, and enjoy any gift, devise, or bequest to the Authority or
   its predecessors to be held for the uses and purposes designated by the donor,
   if any, or if not so designated, for the general purposes of the Authority,
   whether given directly or indirectly, and accept, execute, and administer any
   trust or endowment fund in which it has or may have an interest under the
   terms of the instrument creating the trust or endowment fund;

   9. Borrow money and issue bonds as provided in this chapter and purchase such
   bonds;

   10. Seek financing from, incur or assume indebtedness to, and enter into
   contractual commitments with the Virginia Public Building Authority and the
   Virginia College Building Authority, which authorities may borrow money and
   make and issue negotiable notes, bonds, and other evidences of indebtedness to
   provide such financing relating to the hospital facilities or any project;

   11. Seek financing from, incur or assume indebtedness to, and enter into
   contractual commitments with the Commonwealth as otherwise provided by law
   relating to the hospital facilities or any project;

   12. Procure such insurance, participate in such insurance plans, or provide
   such self-insurance 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 is not a waiver or relinquishment of any sovereign immunity to
   which the Authority or its officers, directors, employees, or agents are
   otherwise entitled;

   13. Develop policies and procedures generally applicable to the procurement of
   goods, services, and construction based upon competitive principles;

   14. Except as to those hospital facilities or any part of such facilities that
   are leased to the Authority by the University, the control and disposition of
   which shall be determined by such lease instruments:
   				a. Own, hold, improve, use, and otherwise deal with real or personal
   property, tangible or intangible, or any right, easement, estate, or interest
   in such property, acquired by purchase, exchange, gift, assignment, transfer,
   foreclosure, lease, bequest, devise, operation of law, or other means on such
   terms and conditions and in such manner as it may deem proper;
   				b. Sell, assign, lease, encumber, mortgage, or otherwise dispose of any
   project, any other real or personal property, tangible or intangible, any
   right, easement, estate, or interest in such property, or any deed of trust or
   mortgage lien interest that it owns, that is under its control or custody or
   in its possession;
   				c. Release or relinquish any right, title, claim, lien, interest,
   easement, or demand however acquired, including any equity or right of
   redemption in property foreclosed by it; and
   				d. Take any action pursuant to subdivision 14 by public or private sale or
   with or without public bidding, notwithstanding the provisions of any other
   law;

   15. Accept loans, grants, contributions, or other assistance from the federal
   government, the Commonwealth, any political subdivision of the Commonwealth,
   or any other public or private source to carry out any of the purposes of this
   chapter and enter into any agreement or contract regarding the acceptance,
   use, or repayment of any such loan, grant, contribution, or assistance in
   furtherance of the purposes of this chapter;

   16. Exercise the power of eminent domain pursuant to the provisions of Chapter
   2 (&#xA7; 25.1-200 et seq.) of Title 25.1 to acquire by condemnation any real
   property, including fixtures and improvements, that it may deem necessary to
   carry out the purposes of this chapter, upon (i) its adoption of a resolution
   declaring that the acquisition of such property is in the public interest and
   necessary for public use and (ii) the approval of the Governor. The Authority
   may acquire property already devoted to a public use, provided that no
   property belonging to any locality, religious corporation, unincorporated
   church, or charitable corporation may be acquired without its consent;

   17. Fix, revise, charge, and collect rates, rentals, fees, and other charges
   for the services or facilities furnished by or on behalf of the Authority and
   establish policies, procedures, and regulations regarding any such service
   rendered or the use, occupancy or operation of any such facility. Such charges
   and policies, procedures, and regulations are not subject to supervision or
   regulation by any commission, board, bureau, or agency of the Commonwealth
   except as otherwise provided by law for the providers of health care;

   18. Consistent with &#xA7; 23.1-2407, create, assist in the creation of, own
   in whole or in part, control, participate in or with any public or private
   entity, purchase, receive, subscribe for, own, hold, vote, use, employ, sell,
   mortgage, lend, pledge, or otherwise acquire or dispose of any (i) shares or
   obligations of, or other interests in, any entities organized for any purpose
   within or outside the Commonwealth and (ii) obligations of any person or
   corporation;

   19. Participate in joint ventures with individuals, corporations, governmental
   bodies or agencies, partnerships, associations, insurers, or other entities to
   facilitate any activities or programs consistent with the public purposes and
   intent of this chapter;

   20. Create a nonprofit entity for the purpose of soliciting, accepting, and
   administering grants, outright gifts and bequests, endowment gifts and
   bequests, and gifts and bequests in trust. Such entity shall not engage in
   trust business or duplicate such activities by the University or its related
   foundations;

   21. Provide appropriate assistance, including making loans and providing time
   of employees, to corporations, partnerships, associations, joint ventures, or
   other entities whether such entities are owned or controlled in whole or in
   part or directly or indirectly by the Authority;

   22. Provide, promote, support, and sponsor education and scientific research
   in medicine, public health, and related fields and promote public knowledge in
   medicine, public health, and related fields;

   23. Administer programs to assist in the delivery of medical and related
   services to the citizens of the Commonwealth and others;

   24. Participate in and administer federal, state, and local programs
   affecting, supporting, or carrying out any of its purposes; and

   25. Exercise independently the powers conferred by this chapter in furtherance
   of its corporate and public purposes.

B. The exercise of the powers permitted by this chapter shall be deemed the
performance of essential governmental functions and matters of public necessity
for the entire Commonwealth in the provision of health care, medical and health
sciences education, and research for which public moneys may be borrowed,
loaned, spent, or otherwise utilized and private property may be utilized or
acquired.

HISTORY: 1996, cc. 905, 1046, §§ 23-50.16:2, 23-50.16:6, 23-50.16:11,
23-50.16:12, 23-50.16:13, 23-50.16:14; 2003, c. 940; 2006, c. 673; 2016, c. 588;
2017, c. 314.