North Carolina § 131E-15 - Title and purpose.

§ 131E-15. Title and purpose.

This Part shall be known as the "Hospital Authorities Act." The General Assembly finds and declares that in order to protect the public health, safety, and welfare, including that of low income persons, it is necessary that counties and cities be authorized to provide adequate hospital, medical, and health care and that the provision of such care is a public purpose. Therefore, the purpose of this Part is to provide an alternate method for counties and cities to provide hospital, medical, and health care. History (1943, c. 780, ss. 1, 2; 1971, c. 799; 1983, c. 775, s. 1.) Editor's Note. - Session Laws 1983, c. 775, which repealed former Chapter 131 of the General Statutes and enacted this Chapter, provided in s. 3: "Notwithstanding the foregoing, any unit of government, or units of government acting jointly, that as of December 31, 1983, is operating a hospital or hospitals pursuant to Articles 2 or 2A of Chapter 131 of the General Statutes may continue to operate pursuant to the provisions of those Articles as they existed on December 31, 1983, to the extent that those Articles are inconsistent with this Chapter. However, a unit of government that has been operating a hospital pursuant to those Articles may choose to continue operations under the provisions of one of the Parts of Article 2 of this Chapter by adopting an appropriate resolution and by satisfying all other requirements of the relevant Part of Article 2 of this Chapter." Session Laws 1989, c. 283, ss. 1 and 2, effective June 12, 1989, amended G.S. 131-7. Chapter 131 was repealed by Session Laws 1983, c. 775, s. 1, effective January 1, 1984. However, Session Laws 1983, c. 775, s. 3 contained a savings provision for certain units of government. Session Laws 1989, c. 283, ss. 1 and 2 provided: "Section 1. G.S. 131-7, as it applies to hospitals continuing to operate under Article 2, Chapter 131 of the North Carolina General Statutes pursuant to Section 3, Chapter 775 of the 1983 Session Laws, is amended by rewriting the first sentence to read: 'Should a majority of the qualified voters upon the question be in favor of establishing such county, township, or town hospital, the governing body shall proceed at once to appoint seven trustees chosen from the citizens at large with reference to their fitness for such office, all residents of the county, township or town, who shall constitute a board of trustees for such public hospital." "Sec. 2. G.S. 131-7 is amended by deleting the phrase 'No practicing physician may serve as a trustee.', and substituting 'One practicing physician may serve as a trustee'." Session Laws 1997-502, s. 12, effective January 1, 1998, and applicable to contracts and agreements entered into on or after that date, provides: "Any county which, on or prior to July 1, 1997, established a hospital authority board composed of no more than seven members under the provisions of Part B of Article 2 of Chapter 131E of the General Statutes may, by resolution adopted by its board of county commissioners and with the approval of the State Health Director, assign that authority board the power, duties, and responsibilities to provide public health services as outlined in G.S. 130A-1.1 . Thereafter, such authority board shall act as the local board of health for the county together with such additional powers, duties, and authority assigned to it by the board of county commissioners."