CHAPTER 8. HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY
IC 16-22-8
Chapter 8. Health and Hospital Corporation of Marion County
IC 16-22-8-1
Administrative adjudication, decision, or order defined
Sec. 1. As used in this chapter, "administrative adjudication,
decision, or order", means the administrative investigation, hearing,
and determination of issues or cases applicable to a person, including
the following:
(1) Revocation or suspension of a license or permit.
(2) Discharge of an official or employee, if that official or
employee may only be discharged for cause.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-2
Repealed
(Repealed by P.L.266-2001, SEC.17.)
IC 16-22-8-2.1
Board defined
Sec. 2.1. As used in this chapter, "board" refers to the board of a
municipal corporation created under this chapter.
As added by P.L.184-2005, SEC.5.
IC 16-22-8-3
Division defined
Sec. 3. As used in this chapter, "division" means an administrative
subdivision created by this chapter or by the board.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.6.
IC 16-22-8-4
Division director defined
Sec. 4. As used in this chapter, "division director" and "director
of a division" mean the chief executive officer of a division.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-5
Hospital defined
Sec. 5. As used in this chapter, "hospital":
(1) means a hospital (as defined in IC 16-18-2-179(b)) that is
owned, operated, or managed by a municipality or political
subdivision within the territorial jurisdiction of the corporation
created by section 6 of this chapter; and
(2) does not include state or federal owned or operated
hospitals.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.7.
IC 16-22-8-6
Creation; powers
Sec. 6. (a) There is created in a county containing a consolidated
city a distinct municipal corporation known as "The Health and
Hospital Corporation of _________ County".
(b) The municipal corporation, in its corporate name, may do the
following:
(1) Sue and be sued in a court of competent jurisdiction.
(2) Enter into contracts.
(3) Acquire and dispose of real, personal, and mixed property
by deed, purchase, gift, grant, devise, lease, condemnation, or
otherwise.
(4) Make and adopt appropriate ordinances, regulations, orders,
rules, and resolutions.
(5) Do all things reasonable or necessary to carry out the work
and perform the corporation's duties under this chapter.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-6.5
Other powers of the governing board
Sec. 6.5. (a) In addition to IC 5-14-1.5-6.1(b), the board may hold
executive sessions concerning the division of public hospitals to do
any of the following:
(1) Discuss and prepare bids, proposals, or arrangements that
will be competitively awarded among health care providers.
(2) Discuss recruitment of health care providers.
(3) Discuss and prepare competitive marketing strategies.
(4) Engage in strategic planning.
(5) Participate in a motivational retreat with staff or personnel
if the board does not conduct any official action (as defined in
IC 5-14-1.5-2(d)).
(b) IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to
executive sessions held under subsection (a).
(c) The corporation may hold confidential, until the information
contained in the records is announced to the public, records of a
proprietary nature that if revealed would place the corporation at a
competitive disadvantage, including the following:
(1) Terms and conditions of preferred provider arrangements.
(2) Health care provider recruitment plans.
(3) Competitive marketing strategies regarding new services
and locations.
As added by P.L.91-2002, SEC.11 and P.L.100-2002, SEC.12.
Amended by P.L.184-2005, SEC.8.
IC 16-22-8-7
Governing board; exercise of powers
Sec. 7. The board shall exercise the executive and legislative
powers of the corporation.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.9.
IC 16-22-8-8
Governing board; membership; qualifications
Sec. 8. (a) The board consists of seven (7) members chosen at
large from the county in which the corporation is established.
(b) To be eligible to be selected or serve as a member of the
board, an individual must have the following qualifications:
(1) Be a resident in the county.
(2) Have been a continued resident in the county for not less
than three (3) years immediately preceding the first day of the
member's term.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.10.
IC 16-22-8-9
Governing board; appointment of members; term
Sec. 9. (a) The executive of the consolidated city shall appoint
three (3) board members, not more than two (2) of whom may belong
to the same political party. One (1) member must be a licensed
physician.
(b) The board of commissioners of the county in which the
corporation is established shall appoint two (2) board members who
may not belong to the same political party.
(c) The city-county legislative body shall appoint two (2) board
members who may not belong to the same political party. One (1)
member shall be appointed for a two (2) year term, and one (1)
member shall be appointed for a four (4) year term.
(d) Except as provided in subsection (c), a board member serves
a term of four (4) years from the beginning of the term for which the
member was appointed until a successor has qualified for the office.
Board members are eligible for reappointment.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.11.
IC 16-22-8-9.1
Governing board membership limitation
Sec. 9.1. A member of an appointing authority identified in
section 9 of this chapter may not serve on the board.
As added by P.L.100-2002, SEC.13. Amended by P.L.184-2005,
SEC.12.
IC 16-22-8-10
Governing board; vacancies; party affiliation
Sec. 10. (a) A vacancy occurs if a board member dies, resigns,
changes residence from the county, or is impeached.
(b) If a vacancy occurs or upon the expiration of a term, a
member's successor shall be appointed by the authority who
originally appointed the member in accordance with this section.
(c) Not more than four (4) board members may belong to the same
political party.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.13.
IC 16-22-8-11
Governing board; impeachment of member
Sec. 11. A board member may be impeached under the procedure
provided for the impeachment of county officers.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.14.
IC 16-22-8-12
Governing board; conflicts of interest
Sec. 12. An individual is not prohibited from serving as a board
member if the member:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with the corporation. However, the
member shall disclose the interest or profit in writing to the board.
The member shall abstain from voting on any matter that affects the
interest or profit.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.15.
IC 16-22-8-13
Governing board; employment conflicts
Sec. 13. A board member is ineligible to hold an appointive office
or employment under the corporation.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.16.
IC 16-22-8-14
Governing board; compensation of members; waiver of
compensation
Sec. 14. A board member is entitled to receive one thousand two
hundred dollars ($1,200) each year and the member who is
chairperson is entitled to receive an additional six hundred dollars
($600) each year. These payments shall be made quarterly from
funds appropriated for that purpose in the regular budget of the
corporation. A board member may waive compensation by filing a
written notice with the corporation.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.46;
P.L.184-2005, SEC.17.
IC 16-22-8-15
Governing board; regular and special meetings
Sec. 15. (a) The board shall by rule provide for regular meetings
to be held at a designated interval throughout the year.
(b) The chairperson or a majority of the members of the board
may call a special meeting. The board shall by rule establish a
procedure for calling special meetings. The corporation shall publish
notice of a special meeting one (1) time, not less than twenty-four
(24) hours before the time of the meeting, in two (2) newspapers of
general circulation in the county in which the corporation is
established.
(c) Regular and special meetings are open to the public. Public
notice of meetings must be given as required by IC 5-14-1.5-5.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.47;
P.L.184-2005, SEC.18.
IC 16-22-8-16
Governing board; annual meeting; selection of chairperson and
vice chairperson; position vacancy
Sec. 16. (a) The board shall hold the annual meeting the second
Monday in January of each year. At the meeting, the board shall
select from among the members a chairperson and vice chairperson
and shall make the appointments of personnel provided under this
chapter.
(b) A vacancy occurs if the chairperson or vice chairperson of the
board dies, resigns, or is impeached. If the office of chairperson or
vice chairperson becomes vacant, the board shall select from among
the members a successor chairperson or vice chairperson at the next
meeting of the board.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.48;
P.L.184-2005, SEC.19.
IC 16-22-8-17
Governing board; quorum; meeting records
Sec. 17. (a) A majority of the board members constitutes a
quorum for a meeting. The board may act by an affirmative vote of
a majority of the board.
(b) The corporation shall record memoranda from the meeting as
required by IC 5-14-1.5-4.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.20;
P.L.88-2006, SEC.1.
IC 16-22-8-18
Documents and records; public inspection
Sec. 18. The corporation shall keep the board's documents in the
office of the corporation or in an electronic format. The corporation
shall record the aye and nay vote on the final passage of any item of
business and on any other item if two (2) board members request that
the votes be recorded by ayes and nays.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.21;
P.L.88-2006, SEC.2.
IC 16-22-8-19
Governing board; rules of procedure
Sec. 19. (a) The board shall adopt rules of procedure for board
meetings. The board may suspend the rules of procedure by
unanimous vote of the members present at the meeting. The board
shall not suspend the rules of procedure beyond the duration of the
meeting at which the suspension of rules occurs.
(b) The board may exercise the powers to supervise internal
affairs common to municipal legislative and administrative bodies.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.22.
IC 16-22-8-20
Ordinance; introduction of proposal
Sec. 20. A board member may introduce a proposed ordinance at
a meeting of the board. The corporation shall prepare proposed
ordinances in a standardized manner.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.23.
IC 16-22-8-21
Ordinance; notice of pendency of proposal
Sec. 21. (a) Not less than seven (7) days before a meeting
considering the final passage of a proposed ordinance, the
corporation shall publish a notice that the proposed ordinance is
pending final action. The notice must be published one (1) time in
two (2) newspapers with general circulation in the county. Notice of
an ordinance establishing a budget must be in accordance with the
general law relating to budgets of first class cities.
(b) The notice must state the following:
(1) The general subject matter of the proposed ordinance.
(2) The time and place of the meeting.
(3) The proposed ordinance is available from the corporation.
(c) The corporation may publish in one (1) notice the general
subject matter of each ordinance pending final action for which
notice has not been given.
(d) An ordinance is not invalid because the reference to the
subject matter of the proposed ordinance was inadequate if the
reference is sufficient to advise the public of the general subject
matter.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.49;
P.L.184-2005, SEC.24; P.L.88-2006, SEC.3.
IC 16-22-8-22
Ordinance; copies of proposal for public inspection
Sec. 22. On or before the date of notice of the introduction of a
proposed ordinance, the corporation shall provide the proposed
ordinance in the office of the corporation or in an electronic format
for public inspection.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.25.
IC 16-22-8-23
Ordinance; scheduled meeting; action or postponement
Sec. 23. At a meeting for which notice has been given under
section 21 of this chapter, the board may take final action on the
proposed ordinance or may postpone final consideration to a future
designated meeting without giving additional notice.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.26.
IC 16-22-8-24
Ordinance; adoption at public meeting; hearing
Sec. 24. The board may adopt an ordinance only at a meeting
open to the public. Before adopting an ordinance, any person present
at the meeting may give testimony, evidence, or argument for or
against the proposed ordinance in person or by counsel. The board
may adopt rules concerning the number of persons who may be heard
and time limits.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.27.
IC 16-22-8-25
Ordinance; designation of effective date
Sec. 25. The board shall designate the effective date of the
ordinance at the meeting at which the ordinance is adopted.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.28.
IC 16-22-8-26
Ordinance; copies for public; codification; publication or
electronic format
Sec. 26. (a) The corporation shall make each ordinance the board
adopts available to the public. The board shall codify, revise,
rearrange, or compile adopted ordinances under IC 36-1-5-3.
Ordinances adopted by the board constitute the code of the health
and hospital corporation of the county.
(b) The corporation may print or provide the code of the health
and hospital corporation of the county in an electronic format for
public inspection.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.29.
IC 16-22-8-27
Executive director; term; qualifications; service as board secretary
Sec. 27. (a) The board shall appoint an executive director of the
corporation who is qualified by education and experience to serve for
a term of four (4) years unless sooner removed. The executive
director is eligible for reappointment. The executive director must
reside in the county.
(b) In addition to the duties as executive director of the board, the
executive director acts as secretary of the board.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.50;
P.L.184-2005, SEC.30.
IC 16-22-8-28
Creation of divisions; functions
Sec. 28. (a) The board shall create the following:
(1) A division of public health.
(2) A division of public hospitals.
(3) Other divisions the board considers necessary.
(b) The division of public health shall serve as the county health
department with powers and duties conferred by law upon local
departments of health.
(c) The division of public hospitals shall operate the corporation's
hospitals, medical facilities, and mental health facilities.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.31.
IC 16-22-8-29
Agreements to operate facilities
Sec. 29. The corporation may enter into an agreement with a
qualified person or entity to operate a hospital, medical facilities, or
mental health facilities.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.32.
IC 16-22-8-30
Public health division; director; term; qualifications
Sec. 30. The board shall appoint a director of the division of
public health to serve for a term of four (4) years unless sooner
removed for cause. The director is eligible for reappointment. The
director must hold a license to practice medicine in Indiana.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.33.
IC 16-22-8-31
Public health division; director; powers; enforcement of orders;
petition for isolation or quarantine; venue
Sec. 31. (a) The director of the division of public health has the
powers, functions, and duties of a local health officer.
(b) Orders, citations, and administrative notices of violation
issued by the director of the division of public health, the director's
authorized representative, a supervisor in the division, or an
environmental health specialist may be enforced by the corporation
in a court with jurisdiction by filing a civil action in accordance with
IC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1, IC 36-1-6-4, or
IC 36-7-9-17.
(c) A public health authority may petition a circuit or superior
court for an order of isolation or quarantine by filing a civil action in
accordance with IC 16-41-9.
(d) Unless otherwise provided by law, a change of venue from the
county may not be granted for court proceedings initiated under this
section.
(e) A change of venue from a judge must meet the requirements
in IC 34-35-3-3 for court proceedings initiated under this section.
As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.34;
P.L.88-2006, SEC.4; P.L.138-2006, SEC.5; P.L.194-2007, SEC.3.
IC 16-22-8-32
Public hospitals division; director; term; qualifications
Sec. 32. The board shall appoint a director of the division of
public hospitals to serve for a term of four (4) years unless sooner
removed for cause. The director is eligible for reappointment. The
director shall supervise the division of hospitals under the
jurisdiction of the corporation and perform the duties prescribed by
the board. The director must be qualified in the management of
hospitals and in health care financing. The director may be engaged
through a contractor managing the hospital under section 29 of this
chapter.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-33
Repealed
(Repealed by P.L.184-2005, SEC.38.)
IC 16-22-8-34
Powers of board or corporation
Sec. 34. (a) The board or corporation may do all acts necessary or
reasonably incident to carrying out the purposes of this chapter,
including the following:
(1) As a municipal corporation, sue and be sued in any court
with jurisdiction.
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and
duties conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the
corporation.
(B) To determine, prevent, and abate public health
nuisances.
(C) To establish isolation and quarantine regulations in
accordance with IC 16-41-9.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling,
producing, processing, preparing, manufacturing, packing,
storing, selling, distributing, or transporting articles used for
food, drink, confectionery, or condiment in the interest of
the public health.
(E) To control:
(i) rodents, mosquitos, and other animals, including
insects, capable of transmitting microorganisms and
disease to humans and other animals; and
(ii) the animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage
by private methods. However, the board and corporation
have no jurisdiction over publicly owned or financed sewer
systems or sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for
domestic use.
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
public health.
(K) To investigate and diagnose health problems and health
hazards.
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To regulate the remediation of lead hazards.
(N) To license and regulate the design, construction, and
operation of public pools, spas, and beaches.
(O) To regulate the storage, containment, handling, use, and
disposal of hazardous materials.
(P) To license and regulate tattoo and body piercing
facilities.
(Q) To regulate the storage and disposal of waste tires.
(4) To manage the corporation's hospitals, medical facilities,
and mental health facilities.
(5) To furnish health and nursing services to elementary and
secondary schools within the county.
(6) To furnish medical care to insured and uninsured residents
of the county.
(7) To furnish dental services to the insured and uninsured
residents of the county.
(8) To establish public health programs.
(9) To adopt an annual budget ordinance and levy taxes.
(10) To incur indebtedness in the name of the corporation.
(11) To organize the corporation into divisions.
(12) To acquire and dispose of property.
(13) To receive charitable contributions and gifts as provided in
26 U.S.C. 170.
(14) To make charitable contributions and gifts.
(15) To establish a charitable foundation as provided in 26
U.S.C. 501.
(16) To receive and distribute federal, state, local, or private
grants.
(17) To receive and distribute grants from charitable
foundations.
(18) To establish corporations and enter into partnerships and
joint ventures to carry out the purposes of the corporation. This
subdivision does not authorize the merger of the corporation
with a hospital licensed under IC 16-21.
(19) To erect, improve, remodel, or repair corporation
buildings.
(20) To determine operating procedures.
(21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient, the patient's
insurance company, or a government program.
(C) Require security for the payment of the charges.
(22) To adopt a schedule of and to collect reasonable charges
for medical and mental health services.
(23) To enforce Indiana laws, administrative rules, ordinances,
and the code of the health and hospital corporation of the
county.
(24) To purchase supplies, materials, and equipment.
(25) To employ personnel and establish personnel policies.
(26) To employ attorneys admitted to practice law in Indiana.
(27) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(28) To dispose of surplus property in accordance with a policy
by the board.
(29) To determine the duties of officers and division directors.
(30) To fix the compensation of the officers and division
directors.
(31) To carry out the purposes and object of the corporation.
(32) To obtain loans for hospital expenses in amounts and upon
terms agreeable to the board. The board may secure the loans by
pledging accounts receivable or other security in hospital funds.
(33) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
IC 5-14-3-8(d) does not apply to fees established under this
subdivision for certificates of birth, death, or stillbirth
registration.
(34) To use levied taxes or other funds to make
intergovernmental transfers to the state to fund governmental
health care programs, including Medicaid and Medicaid
supplemental programs.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the
code of the health and hospital corporation of the county.
As added by P.L.2-1993, SEC.5. Amended by P.L.1-1994, SEC.87;
P.L.184-2005, SEC.35; P.L.1-2006, SEC.298; P.L.88-2006, SEC.5;
P.L.145-2006, SEC.133; P.L.1-2007, SEC.132; P.L.121-2007,
SEC.2; P.L.194-2007, SEC.4; P.L.215-2007, SEC.2; P.L.3-2008,
SEC.108; P.L.134-2008, SEC.11.
IC 16-22-8-34.5
Insurance
Sec. 34.5. The corporation may enter into a group purchasing
agreement to purchase medical malpractice insurance with the
following:
(1) One (1) or more hospitals organized or operated under this
article.
(2) One (1) or more hospitals organized or operated under
IC 16-23.
As added by P.L.91-2002, SEC.12 and P.L.100-2002, SEC.14.
Amended by P.L.184-2005, SEC.36.
IC 16-22-8-35
Accounts and records
Sec. 35. The corporation shall keep accounts and records of
receipts and disbursements as prescribed by the state board of
accounts.
As added by P.L.2-1993, SEC.5. Amended by P.L.88-2006, SEC.6.
IC 16-22-8-36
Repealed
(Repealed by P.L.194-2007, SEC.14.)
IC 16-22-8-37
Territorial extent of corporate powers
Sec. 37. The powers, authority, and duties conferred on the
corporation and the corporation's officers and employees under this
chapter extend throughout the county and may extend outside the
county on terms and conditions the board prescribes that are
consistent with this chapter.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.51.
IC 16-22-8-38
Transfer of powers and duties from other political subdivision
Sec. 38. Whenever a power, an authority, or duty is imposed by
this chapter upon the corporation or the corporation's officers that on
July 1, 1952, was imposed on another municipal corporation or
political subdivision or the corporation's or political subdivision's
officers, power, authority, or duty shall be exercised exclusively by
the corporation.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-39
Privileges and use of hospital; discrimination
Sec. 39. (a) A hospital owned, operated, or managed by the
corporation shall be for the benefit of the residents of the county and
of every person who becomes sick, injured, or maimed within the
county.
(b) A patient who is able to pay shall pay to the corporation a
reasonable compensation for medicine or hospital services according
to the rules prescribed by the board. The board or the board's
authorized representative may exclude from the hospital a person
who willfully violates the rules. On terms and conditions the board
prescribes, the corporation may:
(1) extend the privileges and use of the hospital, the
corporation's health care programs, and health care facilities to
persons residing outside of the county; and
(2) own or operate nursing facilities located inside or outside of
the county.
(c) There may not be discrimination against practitioners of any
school of medicine holding unlimited licenses to practice medicine
recognized in Indiana. The licensed practitioners are entitled to equal
privileges in treating patients in the hospital.
As added by P.L.2-1993, SEC.5. Amended by P.L.91-2002, SEC.13;
P.L.255-2003, SEC.52.
IC 16-22-8-40
Additional hospitals; improvements to existing hospitals
Sec. 40. Whenever the board determines that there is a need for an
additional hospital or an addition or improvement to an existing
hospital, the board may purchase suitable grounds, construct suitable
buildings and improvements for hospital purposes, and do all that is
necessary to acquire, establish, construct, erect, equip, and maintain
the hospital, addition, or improvement.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-41
Cumulative building fund
Sec. 41. (a) The board may provide a cumulative building fund
under IC 6-1.1-41 to erect hospital buildings, additions, or other
buildings, remodel buildings, or acquire equipment needed to carry
out this chapter. The cumulative building fund may be funded by a
property tax levy under subsection (b), a transfer into the fund of
other revenues of the hospital, or a combination of these two (2)
methods.
(b) The board may levy a tax in compliance with IC 6-1.1-41 on
all taxable property within the county where the corporation is
established. However, the levy may not exceed six and sixty-seven
hundredths cents ($0.0667) on each one hundred dollars ($100) of
taxable property.
(c) All money in the cumulative building fund may be invested or
reinvested in the following:
(1) Securities backed by the full faith and credit of the United
States Treasury, including direct obligations of the United
States government and obligations of a federal agency or a
federal instrumentality that are fully guaranteed by the United
States government.
(2) Participation in loans under the conditions and in the
manner set forth in IC 5-13-10.5-12.
(d) The treasurer of the corporation may lend any securities in the
cumulative building fund under the conditions and in the manner set
forth in IC 5-13-10.5-12. Money collected and not invested in
government obligations shall be deposited and withdrawn in the
manner authorized by law for the deposit, withdrawal, and
safekeeping of the general funds of municipalities.
As added by P.L.2-1993, SEC.5. Amended by P.L.57-1993, SEC.13;
P.L.17-1995, SEC.20; P.L.18-1996, SEC.30; P.L.6-1997, SEC.168.
IC 16-22-8-42
Eminent domain
Sec. 42. If the corporation and the owner of real property desired
for a hospital, a health care facility, or an administrative facility
cannot agree on the price, the corporation has the right to condemn.
Condemnation proceedings may be instituted in the name of the
corporation under IC 32-24.
As added by P.L.2-1993, SEC.5. Amended by P.L.2-2002, SEC.67;
P.L.194-2007, SEC.5.
IC 16-22-8-43
Bonds; sale and issuance
Sec. 43. (a) The corporation may issue general obligation bonds
to procure funds to pay the cost of acquiring real property or
constructing, enlarging, improving, remodeling, repairing, or
equipping buildings for use as a hospital, a health care facility, or an
administrative facility. The issuance of the bonds shall be authorized
by a board resolution providing for the amount, terms, and tenor of
the bonds, for the time and character of notice, and the mode of
making the sale. The bonds shall be payable not more than forty (40)
years after the date of issuance. The bonds shall be executed in the
name of the corporation by the executive director.
(b) The executive director shall manage and supervise the
preparation, advertisement, and sale of bonds, subject to the
provisions of the authorizing resolution. Before the sale of the bonds,
the executive director shall publish notice of the sale in accordance
with IC 5-3-1, setting out the time and place where bids will be
received, the amount and maturity dates of the issue, the maximum
interest rate, and the terms and conditions of sale and delivery of the
bonds. The bonds shall be sold to the highest and best bidder. After
the bonds have been sold and executed, the executive director shall
deliver the bonds to the treasurer of the corporation and take the
treasurer's receipt, and shall certify to the treasurer the amount that
the purchaser is to pay, together with the name and address of the
purchaser. On payment of the purchase price, the treasurer shall
deliver the bonds to the purchaser, and the treasurer and executive
director shall report the actions to the board.
(c) IC 5-1 and IC 6-1.1-20 apply to the following proceedings:
(1) Notice and filing of the petition requesting the issuance of
the bonds.
(2) Notice of determination to issue bonds.
(3) Notice of hearing on the appropriation of the proceeds of the
bonds and the right of taxpayers to appeal and be heard.
(4) Approval by the department of local government finance.
(5) The right to:
(A) remonstrate in the case of a proposed bond issue
described by IC 6-1.1-20-3.1(a); or
(B) vote on the issuance of bonds in the case of a proposed
bond issue described by IC 6-1.1-20-3.5(a).
(6) Sale of bonds at public sale for not less than the par value.
(d) The bonds are the direct general obligations of the corporation
and are payable out of unlimited ad valorem taxes levied and
collected on all the taxable property within the county of the
corporation. All officials and bodies having to do with the levying of
taxes for the corporation shall see that sufficient levies are made to
meet the principal and interest on the bonds at the time fixed for
payment.
(e) The bonds are exempt from taxation for all purposes but the
interest is subject to the adjusted gross income tax.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.395;
P.L.192-2002(ss), SEC.158; P.L.1-2003, SEC.62; P.L.194-2007,
SEC.6; P.L.146-2008, SEC.435.
IC 16-22-8-44
Bonds to fund or refund judgment
Sec. 44. The board may issue funding or refunding bonds to fund
or refund a judgment, bonds, or other obligations of the corporation.
The board is not required to file a petition requesting the issuance of
funding or refunding bonds.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-45
Tax anticipation warrants
Sec. 45. (a) Temporary loans may be authorized and made by the
board of trustees in anticipation of the collection of taxes of the
corporation actually levied and in course of collection for the fiscal
year in which the loans are made. The loans shall be authorized by
ordinance and evidenced by warrants in the form provided by the
ordinance. The warrants must state the following:
(1) The total amount of the issue.
(2) The denomination of the warrant.
(3) The time and place the warrant is payable.
(4) The rate of interest not exceeding five percent (5%).
(5) The funds in anticipation of which the warrants are issued
and out of which the warrants are payable.
(6) A reference to the ordinance authorizing the warrant and the
date of the warrant's passage.
(b) The ordinance authorizing the temporary loans shall
appropriate and pledge sufficient current revenue in anticipation of
which the warrants are issued and out of which the warrants are
payable. The warrants evidencing the temporary loans shall be
executed, sold, and delivered as the bonds of the corporation.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-46
Treasurer
Sec. 46. The board shall appoint a treasurer of the corporation to
serve for a term of four (4) years unless sooner removed for cause.
The treasurer shall give bond in the amount and with the conditions
prescribed by the board and with surety approved by the board. All
money payable to the corporation shall be paid to the treasurer and
the treasurer shall deposit the money in accordance with Indiana law
relating to the deposit of public funds by municipal corporations.
However, if trust funds are received or managed under a trust
indenture, the terms and conditions of the trust indenture shall be
followed. The treasurer must be a resident of the county.
As added by P.L.2-1993, SEC.5. Amended by P.L.255-2003, SEC.53.
IC 16-22-8-47
Withdrawal of funds
Sec. 47. Money shall be drawn from the treasury of the
corporation under Indiana law.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-48
Auditor
Sec. 48. (a) The executive director is ex officio the auditor of the
corporation. The executive director shall give bond in an amount and
with conditions and surety prescribed and approved by the board.
The executive director shall keep an accurate account of
appropriations made and taxes levied by the corporation and of
money due to the corporation and received and disbursed. The
executive director shall preserve all vouchers for payments and
disbursements made.
(b) The auditor shall issue all warrants for the payment of money
from the funds of the corporation, but no warrant shall be issued for
the payment of any claim until the claim has been allowed by the
board. All warrants shall be countersigned by the treasurer.
Whenever the auditor issues a warrant, the auditor may require
evidence that the amount claimed is justly due and in conformity
with law. The auditor may summon any officer, agent, or employee
of the corporation, or other person, administer an oath or affirmation
to that person, and examine that person on oath or affirmation.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-49
Auditor's report
Sec. 49. The auditor shall annually submit to the board, and more
often if required by the board, a report of the accounts exhibiting the
revenues, receipts, and disbursements, the sources of the revenues
and funds, and how the funds have been disbursed.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-50
Budget
Sec. 50. The board shall annually prepare a budget for the
operating and capital expenditures of the corporation and shall
calculate the tax levy necessary to provide money for the operating
and capital expenditures of the corporation. The budget shall be
prepared and submitted at the same time and in the same manner and
with the notices and review procedures provided by Indiana law
relating to budgets by consolidated cities.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-51
Tax assessment and collection
Sec. 51. The tax levy approved by the department of local
government finance shall be assessed and collected by the county
treasurer of the county within which the corporation is located as
other taxes are levied and collected. The county treasurer shall remit
all taxes to the treasurer of the corporation.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.396.
IC 16-22-8-52
Board of finance functions
Sec. 52. The board shall act as a board of finance in accordance
with Indiana law relating to the deposit of public funds by
municipalities.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-53
Surety bond of officers and employees
Sec. 53. The board may require a bond on any of the officers or
employees of the corporation in the amount and with the terms and
conditions and surety approved by the board.
As added by P.L.2-1993, SEC.5.
IC 16-22-8-54
Repealed
(Repealed by P.L.184-2005, SEC.38.)
IC 16-22-8-55
Borrowing powers; use of funds; loan negotiations; appeal
Sec. 55. (a) The corporation may borrow money on promissory
notes issued in the corporation's name, as a municipal corporation,
from recognized lending institutions, and pledge as security
unlimited ad valorem taxes levied by the corporation and collected
on all taxable property within the jurisdiction of the corporation. It
is the duty of all officials and bodies with control or discretion over
the levying of taxes for the corporation to see that sufficient levies
are made to meet the principal and interest on promissory notes. The
promissory notes issued under this section shall be treated for
taxation purposes the same as bonds issued by a municipal
corporation in accordance with IC 6-8-5-1.
(b) Funds obtained by the method provided in this section shall be
limited in use to the payment of lease rental for medical, surgical,
and related equipment used by the corporation when the board
determines that leasing the equipment is more practical and
economical than purchasing. The decision to lease rather than
purchase is within the sole discretion of the board.
(c) The length, terms, and conditions of promissory notes issued
under this section are subject to negotiation between the board or the
board's representative and the lending institutions bidding. Before
entering into negotiations for the loan, the board of trustees shall
publish a notice one (1) time in a newspaper of general circulation in
the health and hospital corporation naming a date not less than seven
(7) days after the publication of notice on which the board will
receive and consider proposals from lending institutions for the
making of the loan.
(d) After determination of the board to borrow and to issue
promissory notes, and after a determination of the best proposal
submitted by lending institutions, the board shall give notice of the
board's determination to borrow and to issue promissory notes in the
manner provided by IC 6-1.1-20. The taxpayers have the right to
appeal the determination to the department of local government
finance in the manner and within the time provided in IC 6-1.1-20.
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.397.