A. The authority may: (1) bring action in court for the enforcement of laws and rules pertaining to the authority's powers and duties; (2) enter into joint powers agreements to carry out the powers and duties of the authority; (3) cooperate and enter into contracts or agreements with the federal government or any other person to carry out the powers and duties of the authority; (4) cooperate and enter into contracts or agreements with Native American nations, tribes and pueblos and off-reservation groups to coordinate the provision of essential physical, mental and behavioral health services and functions; (5) adopt, promulgate and enforce such rules as may be necessary to carry out the provisions of the Health Care Code; (6) sue and, with the consent of the legislature, be sued; (7) request and inspect, while maintaining federal and state confidentiality requirements, copies of: (a) medical and clinical records reasonably required for the authority's quality assurance and quality improvement activities; and (b) medical and clinical records pertaining to a person whose death is the subject of inquiry by the department of health's mortality review activities; and (8) do all other things necessary to carry out its duties as defined by law and rules promulgated in accordance with law. B. The authority shall: (1) promulgate and enforce rules for the licensure of health facilities under its jurisdiction; (2) license and inspect health facility premises to ensure compliance with laws, rules and public safety; and (3) carry out such other duties as provided by law. C. The authority and the office of the state long-term care ombud shall have prompt access to all files and records in the possession of the department of health that are related to any health facility investigation; provided that a person who discloses confidential information protected by federal or state law is guilty of a petty misdemeanor. History: 1978 Comp., § 24A-1-3, enacted by Laws 2024, ch. 39, § 24. Effective dates. — Laws 2024, ch. 39, § 134 made Laws 2024, ch. 39 effective July 1, 2024. Temporary provisions. — Laws 2024, ch. 39, § 131 provided: A. On July 1, 2024: (1) functions, employees, money, appropriations, records, equipment and other property of the department of health pertaining to the developmental disabilities supports division, health improvement division and health facility licensing and certification bureau are transferred from the department of health to the health care authority; (2) all contractual obligations pertaining to the developmental disabilities supports division, health improvement division and health facility licensing and certification bureau shall be deemed to be contractual obligations of the health care authority; and (3) statutory references to the developmental disabilities supports division, health improvement division and health facility licensing and certification bureau or other functions transferred from the department of health to the health care authority shall be deemed to be references to the health care authority. B. On July 1, 2024, functions, employees, money, appropriations, records, equipment and other property of the office of the superintendent of insurance pertaining to the administration of the health care affordability fund are transferred to the health care authority. Contractual obligations of the office of the superintendent of insurance pertaining to the health care affordability fund shall be deemed to be contractual obligations of the health care authority.
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