§ 46:1074 — Medical office buildings and facilities leases; disposition of

Louisiana § 46:1074

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§1074. Medical office buildings and facilities leases; disposition of
immovable property
A. In addition to the powers and duties otherwise provided and
notwithstanding the provisions of R.S. 41:1211 et seq. or any other law to the
contrary, a hospital service district commission and any health facility it owns
or operates may acquire, construct, and maintain medical office buildings and
facilities and may negotiate the lease of such medical office buildings and
facilities or portions thereof provided the lease rental shall be sufficient to
recoup over a period of twenty years the capital investment of such hospital
service district commission or that of any health facility it owns or operates.
Such contract of lease may provide for uniform, staggered, or indexed rental
payments, but no balloon rental payments shall be allowed.
B.(1) In addition to the powers otherwise provided and notwithstanding
any other law to the contrary, a hospital service district commission, whether
created under this Title or otherwise, and any health facility it owns or operates
may sell and convey immovable property to any person or legal entity if the
fair market value of the property, as determined by an appraisal, does not
exceed:
(a) Two hundred fifty thousand dollars for a hospital service district
commission owning or operating a hospital with a licensed bed capacity of one
to fifty-nine beds.
(b) Five hundred thousand dollars for a hospital service district
commission owning or operating a hospital with a licensed bed capacity of
sixty to one hundred twenty beds.
(c) One million dollars for a hospital service district commission
owning or operating a hospital with a licensed bed capacity of one hundred
twenty-one beds to one hundred seventy-four beds.
(d) Thirty percent of the total appraised value of a hospital service
district's immovable assets for a hospital service district commission owning
or operating a hospital with a licensed bed capacity of one hundred seventy-five beds or more.
(2) Prior to the sale and conveyance authorized by Paragraph (1) of this
Subsection, the hospital service district commission shall adopt a resolution
declaring the immovable property sought to be sold and conveyed to be
unnecessary for the operations of such hospital service district or any health
facility it owns or operates.
(3) Within six months prior to the sale and conveyance authorized by
Paragraph (1) of this Subsection, the hospital service district commission shall
obtain an appraisal of the immovable property to be sold or conveyed. The
immovable property of the hospital service district or any health facility it
owns or operates shall not be sold and conveyed for less than ninety percent
of the appraised value.
(4) Prior to the sale and conveyance authorized by Paragraph (1) of this
Subsection, the hospital service district commission shall obtain the
documented approval of the governmental authority charged with the
appointment of the commissioners to the hospital service district if the
appraised value of the immovable property to be sold and conveyed exceeds:
(a) One hundred thousand dollars for a hospital service district
commission owning or operating a hospital with a licensed bed capacity of one
to fifty-nine beds.
(b) Two hundred thousand dollars for a hospital service district
commission owning or operating a hospital with a licensed bed capacity of
sixty to one hundred twenty beds.
(c) Three hundred thousand dollars for a hospital service district
commission owning or operating a hospital with a licensed bed capacity of one
hundred twenty-one beds or more.
(5)(a) A sale and conveyance conducted under the provisions of this
Subsection shall not require a public referendum or public advertisement.
(b) A sale and conveyance conducted under the provisions of this
Subsection shall not be subject to any public bid law.
(c) Nothing in this Subsection shall prohibit or limit the sale and
conveyance of immovable property owned by a hospital service district or any
health facility it owns or operates pursuant to any other provision of law.
(d) The provisions of this Subsection shall not apply to a hospital
owned or operated by the Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College.
C. The term "licensed bed capacity" as used in this Section means the
number of beds authorized for the hospital under licensing by the Louisiana
Department of Health.

Legislative History

Acts 1984, No. 322, §1; Acts 1985, No. 564, §1, eff. July 12, 1985; Acts 1997, No. 683, §1; Acts 2001, No. 196, §1.