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Printed Page 2420, May 7
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| (2) The leased premises may be used only for the operation of hospitals and clinics, and for other uses reasonably related to hospitals, clinics, and healthcare, provided that those operations and uses are consistent with all Joint Commission on Accreditation and Healthcare Organizations standards.
(3) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital shall not transfer, sell, lease, or assign control of the Medical University Hospital, or of the entity operating or controlling the Medical University Hospital or of any of its related real estate or other assets, to any other private operator without the prior express written approval of the Medical University of South Carolina Board of Trustees and without compliance with the same terms and conditions provided in this article. Prior to any such transfer, sale, lease, or assignment of control, the Medical University of South Carolina shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.
(4) Any private operator or operators chosen by the Medical University of South Carolina's Board of Trustees to operate the Medical University Hospital must provide indigent care in the same manner as is being provided by the Medical University of South Carolina through the operation of this Medical University Hospital.
(5) The Medical University of South Carolina and the State of South Carolina must be protected from any tort liability arising from the private operation of the Medical University Hospital by the private operator, unless and except to the extent the tort liability is caused by or attributed to the Medical University of South Carolina or the State of South Carolina, or both. The agreement will require the operator of the Medical University Hospital to acquire and keep in effect sufficient insurance policies to provide a reasonable amount and type of coverage and naming the Medical University of South Carolina as an additional insured.
(6) The name and logo of the Medical University of South Carolina and its affiliates shall not be used by any private operator to market and promote health care services in such a manner as to bring disrepute to the State of South Carolina, the Medical University of South Carolina or its affiliates, and may not be used except in a manner expressly approved in writing by the Medical University of South Carolina.
(7) The proceeds from this lease and from the sale of these assets must be used for the retirement of outstanding indebtedness incurred to
(8) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.
(9) Access for any person or group to use the services of the Medical University Hospital shall not be limited, restricted, denied, or allowed in a discriminatory manner that is prohibited by law.
(10) The Medical University of South Carolina shall have access at all times to all records of all patients treated at the Medical University Hospital, and all patients shall have access at all times to their own records.
Provided, further, that the lease and sale may not be finalized until the Budget and Control Board is satisfied that the consideration paid by the private operator or operators for the agreements authorized by this article reflects a fair and reasonable value to the State of South Carolina, based upon either the net book value of the hospital, capitalization of income from operation of the hospital over a period of years, the net present value of future cash flow of the hospital, a direct comparison to a comparable transaction, or some other financially sound and general practiced method of business evaluation.
The Budget and Control Board is directed to cause the lease and purchase agreements regarding the Medical University Hospital to contain provisions requiring and insuring compliance with the terms and conditions stated above. To assist the board in performing this function, the Medical University of South Carolina is required to provide, at its expense, any information, studies, evaluations, agreements, reports, or other data requested by the Budget and Control Board, including any such items with regard to University Medical Associates or any of its employees, officers, and affiliates. The approval requirement for any transaction involving real property under Section 1-11-65 of the 1976 Code is waived.
No lease or other agreement pursuant to this article shall be valid unless and until the provisions of this article have been complied with fully and the Budget and Control Board has certified that the provisions of this article have been complied with fully.
All that certain property and parcels of land in Charleston County together with improvements thereon lying on the north side of Albert B. Sabin Street, between Ashley Avenue and Jonathan Lucas Street consisting of the MUSC Teaching Hospital and the MUSC Children's Hospital but saving and excepting the Clinical Sciences Building and the Storm Eye Institute;
Together with a rectangular parcel located on the south side of Albert B. Sabin Street containing certain fuel oil tanks;
Together with the Psychiatric Institute located on the west side of President Street and the playground area located to the rear of such institute but saving and excepting the auditorium, the lobby area, and the University Services Building.
The above referenced properties are as shown on a survey prepared by Forsburg Engineering & Surveying, Inc., to be recorded and reference is made thereto for a description of the metes and bounds thereof.
Section 44-7-3130. Notwithstanding any other provision of law to the contrary, University Medical Associates (UMA) is a public body as defined by Chapter 4, Title 30 (the Freedom of Information Act) for purposes of the act and the provisions of the act apply to records maintained by UMA. "
SECTION 2. This act takes effect upon approval by the Governor. /
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Senator McCONNELL proposed the following Amendment No. 1 (3915R021.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION Notwithstanding any other provision of law to the contrary, upon approval of the proposed lease and sale of Medical University of South Carolina facilities and assets, no one who is currently an employee of MUSC or UMA may personally profit from the transaction by accepting compensation or other financial incentives from the purchasing and/or leasing company if that individual played a substantial role in the negotiation process. As used in this section
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Senator J. VERNE SMITH moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
At 4:30 P.M., Senator GREGORY requested a leave of absence for the balance of the day.
Senator McCONNELL proposed the following Amendment No. 5 (3915R014.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION . Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, nothing shall be deemed to require MUSC or the State of South Carolina to pay any sum for the return of its own real property at the expiration of the lease./
Renumber sections to conform.
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Senator McCONNELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courson Courtney Drummond Elliott Giese Holland Hutto Lander Martin McGill Mescher Moore O'Dell Passailaigue Rankin Richter Ryberg Saleeby Smith, G. Smith, J.V. Wilson
Cork Fair Ford Leventis Matthews McConnell Patterson Peeler Reese Rose* Setzler Washington
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 6 (3915R015.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION . Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, the transaction shall not be finalized until an independent appraisal has been conducted of all of MUSC's property and equipment that will be affected by the lease./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator J. VERNE SMITH moved to lay the amendment on the table.
The amendment was laid on the table.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 8 (3915R018.GFM), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered new section to read:
/SECTION . Notwithstanding any other provision of law to the contrary, upon approval of the proposed sale or lease of MUSC's facilities and assets, no bonded indebtedness shall be defeased or satisfied unless or until it has been established that there is de minimis risk that the transaction is void, whether by reason of unconstitutionality or otherwise. De minimis risk shall be established by i) a final, unappealable decision of a competent court that the agreements are legal and enforceable; ii) an unqualified legal opinion of the South Carolina Attorney General's office; or iii) an unqualified legal opinion of counsel licensed in the State of South Carolina which has sufficient net worth and/or malpractice liability insurance to cover the State's damages in the event that the transaction is subsequently determined to be void by reason of unconstitutionality or otherwise./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator McCONNELL moved that the amendment be adopted.
Senator MOORE spoke on the amendment.
Senator LEATHERMAN argued contra to the adoption of the amendment.
At 5:12 P.M., the PRESIDENT assumed the Chair.
Senator LEATHERMAN continued arguing contra to the adoption of the amendment.
Senator MOORE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Boan Bryan Courson Courtney Drummond Fair Holland Hutto Lander Leatherman Martin McGill Mescher Moore O'Dell Passailaigue Peeler Rankin Richter Russell Ryberg Saleeby Smith, G. Smith, J.V. Wilson
Alexander Cork Elliott Ford Leventis Matthews McConnell Patterson Reese Rose* Setzler Waldrep
The amendment was laid on the table.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
On motion of Senator COURSON, at 5:30 P.M., Senator GIESE was granted a leave of absence for the balance of the day.
Senator McCONNELL proposed the following Amendment No. 10A (3915R030.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . No condition of any lease or agreement shall restrict MUSC employees to shared participation with one company's health care third party providers./.
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 11A (3915R031.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . At the time of default by Columbia HCA or end of the lease, MUSC shall not be required to purchase the Medical Center as a going concern but rather at the appraised value of the tangible assets owned by the lessee as personal property inventory./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL proposed the following Amendment No. 12 (3915R032.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Any discontinuation or transfer of any inpatient clinical service offered at the Medical Center shall be with the prior written consent of the MUSC Board of Trustees./.
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
The amendment was adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senator McCONNELL proposed the following Amendment No. 13 (3915R033.GFM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . All agreements between University Medical Associates and any of its servants, agents, and subsidiaries and partners are subject to review and approval by the Board of Trustees of the Medical University of South Carolina and the terms of any such agreements shall not conflict with the terms and conditions of the lease authorized by this section. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
Senator MOORE moved that the amendment be adopted.
Senator ROSE desired to be recorded as voting in favor of the adoption of the amendment.
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Senators GREG SMITH, CORK, RANKIN, MESCHER, WALDREP, GREGORY and J. VERNE SMITH proposed the following Amendment No. 14 (3915R037.GS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Notwithstanding any other provision of law to the contrary, including any provision of the Annual General Appropriation Act for FY 1996-97, members of the General Assembly must pay any co-payment or deductible as may be applicable for receiving services at a hospital facility in this State whether or not their services are provided by the MUSC hospital or its successor in interest./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
Senator GREG SMITH moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Holland Hutto Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin
Reese Richter Rose* Russell Ryberg Saleeby Setzler Short* Smith, G. Smith, J.V. Waldrep Washington Wilson
Printed Page 2420, May 7
| Printed Page 2440, May 7
| This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.