A. The board of directors of the nonprofit corporation has all of the powers that are necessary to perform or comply with the obligations of the board of supervisors or the sponsoring county under an operating agreement under this chapter.

Terms Used In Arizona Laws 11-1435

  • agreement: means an agreement between the sponsoring county and a nonprofit corporation under this chapter for the corporation to assume the health care responsibilities previously performed by the county, including all arrangements and understandings, including a lease agreement, between the county and corporation. See Arizona Laws 11-1401
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board: means the board of directors of a nonprofit corporation that operates a community health system pursuant to this chapter. See Arizona Laws 11-1401
  • Board of supervisors: means the board of supervisors of the sponsoring county. See Arizona Laws 11-1401
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • corporation: means a nonprofit corporation that is organized under title 10 and that is qualified or will qualify under section 501(c)(3) of the internal revenue code. See Arizona Laws 11-1401
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Health system: means any health care institution and all related real and personal property including, without limitation, all clinics, rehabilitation centers, therapy facilities, outpatient clinics, nursing homes, blood banks, ambulance facilities, extended care facilities, dispensaries, pharmacies, parking facilities, laundry facilities, dormitories, offices and administration buildings, cafeterias and food service facilities, research, laboratory and diagnostic facilities, libraries, information systems and data bases, ambulances, stretcher vans and other medical transportation equipment, education facilities, school-based clinics, equipment, tools, machinery, accounts receivable and other intangible assets, health maintenance organizations, health care services organizations and health insurance plans, including all related reserves, deposits, prepayments, risk pools and similar assets of these organizations and plans, graduate medical and other health care professional educational programs, public health education programs and business operations, in each case maintained, owned or operated for the payment and delivery of medical services, nursing services, home health services, home delivery services, emergency medical services, behavioral health services, long-term care services, health-related services and health screening services, adult day health services, adult foster care services, hospice services, personal care services, respite care services, supervisory care services and medical equipment services. See Arizona Laws 11-1401
  • Health system assets: means all real, personal, tangible and intangible property and rights in property that are used by or accruing to the county health system. See Arizona Laws 11-1401
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Sponsoring county: means a county that enters into an operating agreement under this chapter. See Arizona Laws 11-1401

B. The operating agreement, and all amendments, renewals or extensions, are exempt from the requirements of section 11-251, paragraphs 9, 18 and 58 and sections 11-256, 11-256.01, 11-256.03 and 11-291.

C. For the purposes of any covenant, condition or restriction that may apply to any real property or health system assets that are leased or transferred to a nonprofit corporation under a lease agreement, the real property and health system assets:

1. Shall be used in a manner that is consistent and complies with the applicable covenants, conditions and restrictions.

2. Are presumed to be used for county hospital purposes consistent with deed restrictions attached to the land that was conveyed to the county.