(a) The V.I. Government Hospitals and Health Facilities Corporation is a public entity of the Government of the Virgin Islands and shall be exempt from taxation on the moneys and properties of the corporation or any properties under its jurisdiction, control, or supervision.
(b) The Government of the Virgin Islands shall continue to include in its Executive Budget Acts an appropriation for the operation of the hospitals and health facilities under the jurisdiction of the corporation. In determining this sum, the Director of the Budget shall consider a detailed program budget timely submitted by the corporation.
(c) The corporation shall have jurisdiction over the Governor Juan F. Luis Hospital and Medical Center, the St. Thomas Hospital and Community Center, and the Myrah Keating Smith Health Center; and all personnel and equipment associated therewith.
(d) Notwithstanding the provisions of Title 3, chapter 8, section 114, relating to the duties of the Attorney General, the Corporation may employ its own legal counsel and in addition, shall have the option to receive legal services from the Attorney General.
(e)
(1) The Corporation shall establish and maintain a system of personnel administration based on merit principles, equal opportunity and treatment and scientific methods governing the appointment, promotion, transfer, layoff, removal and discipline of hospital officers and employees.
(2) The Corporation shall develop and publish a job description for every position at the Roy Lester Schneider Hospital and Community Health Center and the Governor Juan F. Luis Hospital and Medical Center, but no such job description may have the effect of placing into the exempt service a hospital employee who holds a position in the career service, as referred to in Title 3, Chapter 25, section 451a of this Code.
(3) The Corporation shall adopt and have in place rules and regulations pertaining to the proper administration of the provisions of paragraph (1) of this subsection within 90 days after the enactment of this section. The Corporation thereafter and from time to time may modify or adopt additional rules and regulations as considered necessary to carry out the provisions of this section.
(4) The rules and regulations authorized herein shall include:
(A) competitive entrance and promotion tests, appointments, promotions, disciplinary actions; reinstatement, training and leaves of absence;
(B) policies and procedures for ensuring equal employment opportunities, treatment and working conditions;
(C) the establishment and administration of a pay plan; and
(D) such other rules and regulations that are necessary or appropriate to give effect to the provisions and purposes of this chapter.
(5) Nothing in this chapter shall be construed as abrogating the rights and privileges of any employee under the laws of the Virgin Islands including, but not limited to the Government Retirement System; and no collective bargaining agreement shall be deemed amended, repealed, or otherwise changed by the enactment of this chapter.
(f) The corporation may make direct fiscal disbursements from an account created for that purpose to pay its costs and obligations subject to the following conditions:
(1) total disbursements in any fiscal year in either district may not exceed the lesser of $5 million or the amount deposited from that district's collection in the Health Revolving Fund. The Governor may, by written order, increase the limit by twenty percent for each year in which the corporation has improved collections by ten percent or more over the previous year's collections. The Commissioner of Finance shall deposit into the account of the corporation on the first day of each quarter, one-fourth of the maximum amount, or the total amount of the previous quarter's collection and deposit in the Health Revolving Fund, whichever is less; provided, however, that the final deposit of the fiscal year shall be adjusted to rectify any under payment or over payment for that fiscal year; and
(2) the Virgin Islands Hospital and Health Facilities Corporation is authorized to hire employees funded by the Health Revolving Fund; provided that such positions shall be subject to the provisions of the Personnel Merit System, any applicable Collective Bargaining Agreements and the constraints of the Virgin Islands Government Budget and allotment processes. All the other provisions of Title 19, Chapter 16, Subsection 244 (I), Virgin Islands Code, shall be applicable to all positions funded by the Health Revolving Fund, or any other funds in the Treasury of the Government of the Virgin Islands; and
(3) to the maximum extent feasible, consistent with sound business practices, the authority to disburse shall be delegated to the district level; or
(4) funds may be invested consistent with the general requirements for investing Government funds as set forth in Title 33, chapter 117, section 3336 of this code.
(g) The corporation may purchase goods, supplies, and services in conjunction with other health service entities outside the Virgin Islands acting as “purchasing groups”, consistent with sound business practices.
(h) The corporation may make open market purchases under 31 V.I.C. 239 without regard to dollar amounts in the following instances:
(1) the purchase is made through a purchasing group pursuant to subsection (h) of this section; or
(2) the purchase is for repair parts, accessories, or supplemental equipment or services required for parts or services previously obtained.
(i) The corporation shall propose additional programs, for approval by the Governor, or by law, as the case may be, which shall provide incentives for the corporation to maximize collections and reduce the burden on the General Fund of the Government of the Virgin Islands.