H. B. 2696
(By Delegate Barker)
(Originating in the House Committee on Political Subdivisions)
[January 26, 2011]
A BILL authorizing the county commission of Boone County to transfer its title and interests in the Boone Memorial Hospital, also known as the Boone County Memorial Hospital, to the Boone Memorial Hospital, Incorporated, a West Virginia private, nonprofit corporation for the continued public use of providing needed health care in a cost-effective manner.
Be it enacted by the Legislature of West Virginia:
BOONE COUNTY COMMISSION.
§1. Boone County Commission authorized to transfer its title and interests in the Boone Memorial Hospital.
(a) The Boone County Commission holds title to the assets of the Boone County public hospital doing business as the Boone Memorial Hospital, also known as the Boone County Memorial Hospital, pursuant to section fourteen, article three, chapter seven of this code.
(b) The Boone County Commission may transfer its title to Boone County Memorial Hospital to the West Virginia private, nonprofit corporation, the Boone Memorial Hospital, Incorporated, formed by the board of trustees of Boone Memorial Hospital so that the hospital may continue to provide medical care and emergency medical services to the hospital’s service area in a cost-effective and efficient manner.
(c) The transfer shall occur, notwithstanding section three, article three, chapter seven of this code, as the disposition of these assets by public auction would be impractical and potentially adverse to the interests of the hospital’s service area.
(d) The Boone County Commission may transfer all of its rights, titles and interests to all of the assets, both tangible and intangible, real, personal and mixed, wherever located, necessary to operate the hospital doing business as the Boone Memorial Hospital to the Boone Memorial Hospital, Incorporated.
(e) These assets include, but are not limited to, those certain parcels or tracts of land and hospital buildings thereon used for the existing county public hospital situate in the city of Madison for a fair and adequate consideration, either monetary or nonmonetary, that may include public benefits that may accrue, without considering, by itself alone, the fair market value of the property and the parties agree to forego the necessity of a public auction.
(f) The transfer of its rights, titles and interests is for the express purpose of continuing to provide healthcare to the public in Boone County.
(g) The conveyance of the real property by the Boone County Commission shall contain a provision that the ownership shall revert to the county commission should the property cease to be used for the purposes set forth in this section for a period of twelve months: Provided, That this reversionary interest may be modified at any time to the extent necessary to allow for future financing of a new hospital in Boone County.