North Carolina General Statutes
Article 2 - Public Hospitals.
§ 131E-8 - Sale of hospital facilities to nonprofit corporations.

131E-8. Sale of hospital facilities to nonprofit corporations.
(a) A municipality as defined in G.S. 131E-6(5) or hospital authority as defined in G.S. 131E-16(14), upon such terms and conditions as it deems wise, with or without monetary consideration, may sell or convey to a nonprofit corporation organized under Chapter 55A of the General Statutes any rights of ownership the municipality or hospital authority has in a hospital facility including the building, land and equipment associated with the hospital, if the nonprofit corporation is legally committed to continue to operate the facility as a community general hospital open to the general public, free of discrimination based upon race, creed, color, sex or national origin. The nonprofit corporation shall also agree, as a condition of the municipality or hospital authority's conveying ownership, to provide such services to indigent patients as the municipality or hospital authority and the nonprofit corporation shall agree. The nonprofit corporation shall further agree that should it fail to operate the facility as a community general hospital open to the general public or should the nonprofit corporation dissolve without a successor nonprofit corporation to carry out the terms and conditions of the agreement of conveyance, all ownership rights in the hospital facility, including the building, land and equipment associated with the hospital, shall revert to the municipality or hospital authority or successor entity originally conveying the hospital.
(b) When either general obligation bonds or revenue bonds issued for the benefit of the hospital to be conveyed are outstanding at the time of sale or conveyance, then the nonprofit corporation must agree to the following:
(c) Any sale or conveyance under this section must be approved by the municipality or hospital authority by a resolution adopted at a regular meeting of the governing body on 10 days' public notice. Notice shall be given by publication describing the hospital facility to be conveyed, the proposed monetary consideration or lack thereof, and the governing body's intent to authorize the sale or conveyance.
(d) Neither G.S. 153A-176 nor Article 12 of Chapter 160A of the General Statutes shall apply to sales or conveyances pursuant to this section.
(e) A sale or conveyance of substantially all the equipment is a sale or conveyance of hospital facility. (1983, c. 775, s. 1; 1989, c. 444.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 131E - Health Care Facilities and Services

Article 2 - Public Hospitals.

§ 131E-5 - Title and purpose.

§ 131E-6 - Definitions.

§ 131E-7 - General powers.

§ 131E-7.1 - Public hospitals' managed care development authorized.

§ 131E-8 - Sale of hospital facilities to nonprofit corporations.

§ 131E-8.1 - Maintenance of Health Education Facilities.

§ 131E-9 - Governing authority of hospital facilities.

§ 131E-10 - Condemnation.

§ 131E-11 - Federal and State aid.

§ 131E-12 - Public purposes.

§ 131E-13 - Lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other business entities by municipalities and hospital authorities.

§ 131E-14 - Lease or sale of hospital facilities to certain nonprofit corporations.

§ 131E-14.1 - Branch facilities.

§ 131E-14.2 - Conflict of interest.

§ 131E-15 - Title and purpose.

§ 131E-16 - Definitions.

§ 131E-17 - Creation of a hospital authority.

§ 131E-18 - Commissioners.

§ 131E-19 - Incorporation of a hospital authority.

§ 131E-20 - Boundaries of the authority.

§ 131E-21 - Conflict of interest.

§ 131E-22 - Removal of commissioners.

§ 131E-23 - Powers of the authority.

§ 131E-24 - Eminent domain.

§ 131E-25 - Zoning and building laws.

§ 131E-26 - Revenue bonds and notes.

§ 131E-27 - Contracts with federal government.

§ 131E-29 - Audits and recommendations.

§ 131E-30 - Appropriations.

§ 131E-31 - Transfers of property by a city or county to a hospital authority.

§ 131E-32 - Purchase money security interests.

§ 131E-33 - Part controlling.

§ 131E-40 - Title and purpose.

§ 131E-41 - Methods of creation of a hospital district.

§ 131E-42 - Hearing and determination.

§ 131E-43 - Limitation of actions.

§ 131E-44 - General powers.

§ 131E-45 - County taxes.

§ 131E-46 - Referendum on repeal of tax levy.

§ 131E-47 - Governing body.

§ 131E-47.1 - Limited liability.