As used in this article, unless the context otherwise
requires:
(1) Authority means the Colorado health facilities authority created by this
article.
(2) Board means the board of directors of the authority.
(3) Bond, note, bond anticipation note, or other obligation means any
bond, note, debenture, interim certificate, or other evidence of financial
indebtedness issued by the authority pursuant to this article, including refunding
bonds.
(4) Bond resolution means the resolution authorizing the issuance of, or
providing terms and conditions related to, bonds issued under the provisions of this
article and includes any trust agreement, trust indenture, indenture of mortgage, or
deed of trust providing terms and conditions for such bonds.
(5) Costs, as applied to facilities financed in whole or in part under the
provisions of this article, means and includes the sum total of all reasonable or
necessary costs incidental to:
(a) The acquisition, construction, reconstruction, repair, alteration,
equipment, enlargement, improvement, and extension of such facilities; and
(b) The acquisition of all lands, structures, real or personal property, rights,
rights-of-way, franchises, easements, and interest acquired, necessary, or used for,
or useful for or in connection with, a facility; and
(c) All other undertakings that the authority deems reasonable or necessary
for the development of a facility, including, without limitation, the cost of or for:
(I) Studies and surveys;
(II) Land title and mortgage guaranty policies;
(III) Plans, specifications, and architectural and engineering services;
(IV) Legal, accounting, organization, marketing, or other special services;
(V) Financing, acquisition, demolition, construction, equipment, and site
development of new and rehabilitated buildings;
(VI) Rehabilitation, reconstruction, repair, or remodeling of existing
buildings; and
(VII) All other necessary and incidental expenses, including working capital
and an initial bond and interest reserve funds, together with interest on bonds
issued to finance such facilities to the extent permitted under applicable federal
tax law.
(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 out-of-state health institution that operates or manages such structure
or building, or an affiliate of such institution, also operates or manages 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.
(b) Health facility or facility does not include the following:
(I) Food, fuel, supplies, or other items that are customarily considered as a
current operating expense or charges;
(II) Property used or to be used primarily for sectarian instruction or study or
as a place for devotional activities or religious worship; or
(III) Property used or to be used primarily in connection with any part of a
program of a school or department of divinity of any religious denomination.
(7) (a) Health institution means a limited liability company controlled
directly or indirectly by one or more nonprofit entities, a private nonprofit hospital,
corporation, association, or institution, or a public hospital or institution authorized
or permitted by law, whether directly or indirectly through one or more affiliates, to
provide, operate, or manage one or more health facilities in this state or outside this
state if such entity, or an affiliate of such entity, also operates or manages a health
facility within this state.
(b) Health institution also includes a cooperative hospital service
organization, as described in section 501 (e) of the Internal Revenue Code of 1986,
as amended, or a similar corporation, whether or not such corporation is exempt
from federal income taxation pursuant to said section 501 (e).
(c) (I) Health institution also includes a network of health-care providers,
however organized; an integrated health-care delivery system; a joint venture or
partnership between or among health-care providers; a health-care purchasing
alliance; health insurers and third-party administrators that are participants in a
system, network, joint venture, or partnership that provides health services; an
organization whose primary purpose is to provide supporting services to one or
more health institutions; or a health-care provider or such other health-care-related
organization, or an affiliate of such organization, whose regional or national
headquarters are located in this state.
(II) In order to be a health institution, a network, system, joint venture,
partnership, alliance, provider, or organization described in subparagraph (I) of this
paragraph (c) shall be a nonprofit entity or controlled by one or more nonprofit
entities.
(7.5) Participating health institution means a health institution that
undertakes the financing and construction or acquisition of health facilities or
undertakes the refunding or refinancing of outstanding obligations in accordance
with this article.
(8) Refinancing of outstanding obligations means liquidation, with the
proceeds of bonds or notes issued by the authority, of any indebtedness of a
participating health institution incurred prior to, on, or after July 1, 1977, to finance
or aid in financing a lawful purpose of such health institution not financed pursuant
to this article which would constitute a facility had it been undertaken and financed
by the authority, or consolidation of such indebtedness with indebtedness of the
authority incurred for a facility related to the purpose for which the indebtedness of
the health institution was initially incurred.
(9) Revenues means, with respect to facilities, the rents, fees, charges,
interest, principal repayments, and other income received or to be received by the
authority from any source on account of such facilities.