HOUSE BILL 971116
BY REPRESENTATIVE Swenson;
also SENATOR Hopper.
CONCERNING PARTICIPATION IN FINANCING ON BEHALF OF
MULTISTATE HEALTH INSTITUTIONS THROUGH THE "COLORADO HEALTH
FACILITIES AUTHORITY ACT".
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2525102,
Colorado Revised Statutes, 1989 Repl. Vol., is amended to read:
2525102. Legislative declaration.
The general assembly hereby finds and declares that, for the benefit
of the people of the state of Colorado and the improvement of
their health, welfare, and living conditions, it is essential
that the people of this state have adequate medical care and health
facilities; THAT IT IS IMPORTANT THAT MEDICAL CARE AND HEALTH
FACILITIES ARE MADE READILY AVAILABLE BY NETWORKS AND ORGANIZATIONS
OF HEALTH INSTITUTIONS, WHETHER SUCH NETWORKS AND ORGANIZATIONS
ARE LOCATED WITHIN THE STATE OF COLORADO OR HAVE FACILITIES LOCATED
BOTH WITHIN AND OUTSIDE THE STATE OF COLORADO; THAT IT IS A BENEFIT
TO THE PEOPLE OF THE STATE OF COLORADO TO SERVE SUCH MULTISTATE
INSTITUTIONS IN THAT HEALTH CARERELATED EMPLOYMENT OPPORTUNITIES
WILL BE CREATED THEREBY; that it is essential that health institutions
WITH HEALTH FACILITIES OR HEADQUARTERS within the state be provided
with appropriate additional means to assist in the development
and maintenance of public health, health care, hospitals, and
related facilities WHEREVER SUCH INSTITUTIONS ARE LOCATED IN ORDER
THAT MORE ADEQUATE MEDICAL CARE AND HEALTH FACILITIES CAN BE PROVIDED
BY SUCH HEALTH INSTITUTIONS TO THE PEOPLE OF THE STATE OF COLORADO;
that it is the purpose of this article to provide a measure of
assistance to enable health institutions in the state to refund
or refinance outstanding indebtedness incurred for health facilities
and to provide additional facilities and structures which are
greatly needed to accomplish the purposes of this article; THAT
THE EXEMPTION FROM ALL TAXATION AND ASSESSMENTS IN THE STATE OF
COLORADO OF BONDS AND NOTES ISSUED PURSUANT TO THE PROVISIONS
OF THIS ARTICLE BENEFIT ONLY THE RESIDENTS OF THE STATE OF COLORADO;
all to the public benefit and good as provided in this article.
It is the intent of the general assembly to create the Colorado
health facilities authority to lend money to health institutions
and to authorize the authority to acquire, construct, reconstruct,
repair, alter, improve, extend, own, lease, and dispose of properties
to the end that the authority may be able to promote the health
and welfare of the people of this state, TO DEVELOP HEALTH CARERELATED
EMPLOYMENT OPPORTUNITIES FOR THE PEOPLE OF THIS STATE, and to
vest such authority with powers to enable such authority to accomplish
such purpose; however, it is not the intent of the general assembly
to authorize the authority to operate any such health facility.
This article shall be liberally construed to accomplish the intentions
expressed in this section.
SECTION 2. 2525103
(6) (a) and (7) (a), Colorado Revised Statutes, 1989 Repl. Vol.,
as amended, are amended to read:
2525103. Definitions.
As used in this article, unless the context otherwise requires:
(6) (a) "Health facility"
or "facility", in the case of a participating health
institution, means any structure or building, WHETHER SUCH STRUCTURE
OR BUILDING IS LOCATED WITHIN THE STATE OR WHETHER SUCH STRUCTURE
OR BUILDING IS LOCATED OUTSIDE THE STATE IF AN OUTOFSTATE
HEALTH INSTITUTION THAT OPERATES SUCH STRUCTURE OR BUILDING, OR
AN AFFILIATE OF SUCH INSTITUTION, ALSO OPERATES A HEALTH FACILITY
WITHIN THIS STATE, suitable for use as a hospital, clinic, nursing
home, home for the aged or infirm, or other health care facility;
laboratory; pharmacy; laundry; nurses', doctors', or interns'
residences; administration building; research facility; maintenance,
storage, or utility facility; auditorium; dining hall; food service
and preparation facility; mental or physical health care facility;
dental care facility; nursing school; medical or dental teaching
facility; mental or physical health facilities related to any
such structure or facility; or any other structure or facility
required or useful for the operation of a health institution,
including but not limited to offices, parking lots and garages,
and other supporting service structures; and any equipment, furnishings,
appurtenances, or other assets, tangible or intangible, including
but not limited to assets related to the medical practice of a
health care professional, that are necessary or useful in the
development, establishment, or operation of a participating health
institution; and the acquisition, preparation, and development
of all real and personal property necessary or convenient as a
site or sites for any such structure or facility.
(7) (a) "Health institution"
means any limited liability company controlled directly or indirectly
by one or more nonprofit entities, any private nonprofit hospital,
corporation, association, or institution, or any public hospital
or institution authorized or permitted by law, whether directly
or indirectly through one or more affiliates, to provide or operate
health facilities in this state OR OUTSIDE THIS STATE IF SUCH
ENTITY, OR AN AFFILIATE OF SUCH ENTITY, ALSO OPERATES AND IS ENGAGED
IN A FINANCING OR REFINANCING ON BEHALF OF A HEALTH FACILITY WITHIN
THIS STATE, and also means any cooperative hospital service organization
which is described in section 501 (e) of the "Internal
Revenue Code of 1986", as amended, or any similar corporation,
whether or not such corporation is exempt from federal income
taxation pursuant to said section 501 (e). "Health institution"
also includes any network of health care providers, however organized;
any integrated health care delivery system; any joint venture
or partnership between or among health care providers; any health
care purchasing alliance; any health insurers and thirdparty
administrators that are participants in a system, network, joint
venture, or partnership that provides health services; any organization
that, as its primary purpose, provides supporting services to
one or more health institutions; ANY HEALTH CARE PROVIDER OR SUCH
OTHER HEALTH CARERELATED ORGANIZATION, OR AN AFFILIATE OF
SUCH ORGANIZATION, WHOSE REGIONAL OR NATIONAL HEADQUARTERS ARE
LOCATED IN THIS STATE; provided that such network, system, joint
venture, partnership, alliance, PROVIDER, or organization is a
nonprofit entity or is controlled by one or more nonprofit entities.
SECTION 3. 2525107
(1), Colorado Revised Statutes, 1989 Repl. Vol., is amended BY
THE ADDITION OF THE FOLLOWING NEW PARAGRAPHS to read:
2525107. General powers
of the authority. (1) In addition
to any other powers granted to the authority by this article,
the authority shall have the following powers:
(r) TO ASSIST, COORDINATE, AND PARTICIPATE
WITH OTHER ISSUERS OF TAXEXEMPT BONDS AND PUBLIC OFFICIALS
IN OTHER STATES IN CONNECTION WITH FINANCING ON BEHALF OF A MULTISTATE
HEALTH INSTITUTION;
(s) IN CONNECTION WITH FINANCING ON BEHALF
OF A MULTISTATE HEALTH INSTITUTION:
(I) TO DETERMINE OR AGREE UPON WHO WILL
BE ASSISTING, COORDINATING, OR PARTICIPATING ISSUERS OF TAXEXEMPT
BONDS IN OTHER STATES;
(II) TO DETERMINE OR AGREE UPON WHAT THE
TERMS OR CONDITIONS OF THE FINANCING WILL BE WITH ASSISTING, COORDINATING,
OR PARTICIPATING ISSUERS OF TAXEXEMPT BONDS IN OTHER STATES;
AND
(III) TO CHARGE FEES TO, APPORTION FEES
AMONG, OR AGREE UPON FEES WITH ASSISTING, COORDINATING, OR PARTICIPATING
ISSUERS OF TAXEXEMPT BONDS IN OTHER STATES.
SECTION 4. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO