48-2209

48-2209. Powers of health service
district

A. In addition to the powers specifically granted, a health service district may,
acting through its board of directors:

1. Sue and be sued in all courts and places and in all actions and proceedings
whatever.

2. Construct, establish, maintain and operate an ambulance service, a medical
clinic or clinics, or combined medical clinic and ambulance service in order to provide
ambulance service, ambulatory care or other nonhospital-based medical services.

3. Acquire in the name of the district any real or personal property or interest
therein by gift, purchase, or otherwise, and own, control, manage or dispose of such
property or interest when necessary or convenient for the purposes stated in paragraph
2. Private funds or contributions received by a health service district for the purpose
of defraying expenses of work done or services rendered under its direction may be
expended by the district in compliance with the terms and conditions under which such
funds are received, if the terms and conditions meet the approval of the board of
directors of the district and are within the scope of the statutory powers and duties of
the district.

4. Sell, lease or otherwise dispose of any property of the district or interest
therein if such property is no longer required for the purposes of the district or if use
of it may be permitted without interfering with the use to which it is put by the
district.

5. Pay expenses incidental to the exercise of its powers.

6. Employ physicians, physician assistants, professional nurses, counsel and other
persons as are necessary in the exercise of its powers.

7. Formulate and adopt rules and regulations governing service charges and other
allocable costs to residents and nonresidents of the district for services and supplies
rendered or used in treating such persons pursuant to paragraph 2 to defray the operating
costs of the district.

8. Prepare a survey and report of the ambulance service, ambulatory care and other
nonhospital-based medical services as they exist in the district and formulate a proposal
to facilitate the delivery of services described in paragraph 2.

9. Contract for the purposes of providing the services or facilities described in
paragraph 2.

B. As a condition for operating an ambulance service or combined medical clinic and
ambulance service, the district shall apply for, obtain, maintain and comply with the
terms and conditions of all required licenses and certificates of necessity under title
36, chapter 21.1. If an area is annexed to or deleted from or withdraws from the
district, the board shall immediately notify the department of health services and shall
comply with all applicable statutes and rules regarding those changes.

C. The board shall establish a schedule of authorized fees for any ambulance
services provided by the district that, together with other sources of revenue, will pay
for the costs of establishing, providing, maintaining and operating the respective
services. These fees shall be submitted to the department of health services pursuant to
section 36-2239 and shall be approved by the department before their implementation.

D. A district may operate an ambulance service only if there is no private
ambulance company certificated pursuant to title 36, chapter 21.1 that is willing to
provide ambulance services and there is not a private ambulance company that is willing
to become certificated by the department of health services pursuant to title 36, chapter
21.1.