§ 25-29-105 — Transfer of health system assets and liabilities to authority

Colorado § 25-29-105

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Denver Health and Hospital Authority

Text

(1)
The authority is authorized to enter into agreements with the city for the purpose of
leasing, conveying, or otherwise acquiring Denver's health system assets. Any such
lease, conveyance, transfer, or other agreement to acquire such assets shall be on
such terms as may be agreed upon by the parties and shall include consideration of
the authority's agreement to assume Denver's health system liabilities.

(2) Any transfer of health system assets to the authority shall be conditioned
upon the existence of a binding agreement between the city and the authority
transferring management and operation of some or all of the Denver health system
to the authority and by which the authority shall accept and agree to fulfill the
mission specified in section 25-29-104 and the provisions of section 25-29-107
concerning personnel.

(3) Any transfer of health system assets to the authority pursuant to this
section shall be further conditioned upon the existence of a binding agreement
between the authority and the city which provides that, effective on the transfer
date and thereafter, the authority shall assume responsibility for and shall defend,
indemnify, and hold the city harmless with respect to:

(a) All liabilities and duties of the city pursuant to contracts, agreements,
and leases for commodities, services, and supplies utilized by the Denver health
system, including real property leases;

(b) All claims related to the employment relationship between employees of
the authority and the authority on and after the transfer date;

(c) All claims for breach of contract resulting from the authority's action or
failure to act on and after the transfer date; and

(d) All claims related to the authority's errors and omissions including but
not limited to medical malpractice; director and officer liability; workers'
compensation; automobile liability; and premises, completed operations, and
products liability.

Legislative History

Source: L. 94: Entire article added, p. 659, � 1, effective April 19.