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, includingthe following:
(1) Revocation or suspension of a license or permit.
(2) Discharge of an official or employee, if that official oremployee 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Repealed
(Repealed by P.L.266-2001, SEC.17.)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 amunicipal 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 administrativesubdivision 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 "directorof 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 isowned, operated, or managed by a municipality or politicalsubdivision within the territorial jurisdiction of the corporationcreated by section 6 of this chapter; and
(2) does not include state or federal owned or operatedhospitals.
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 andHospital Corporation of _________ County".
(b) The municipal corporation, in its corporate name, may do thefollowing:
(1) Sue and be sued in a court of competent jurisdiction.
(2) Enter into contracts.
(3) Acquire and dispose of real, personal, and mixed propertyby deed, purchase, gift, grant, devise, lease, condemnation, orotherwise.
(4) Make and adopt appropriate ordinances, regulations, orders,rules, and resolutions.
(5) Do all things reasonable or necessary to carry out the workand 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 holdexecutive sessions concerning the division of public hospitals to doany of the following:
(1) Discuss and prepare bids, proposals, or arrangements thatwill 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 personnelif the board does not conduct any official action (as defined inIC 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 toexecutive sessions held under subsection (a).
(c) The corporation may hold confidential, until the informationcontained in the records is announced to the public, records of aproprietary nature that if revealed would place the corporation at acompetitive disadvantage, including the following:
(1) Terms and conditions of preferred provider arrangements.
(2) Health care provider recruitment plans.
(3) Competitive marketing strategies regarding new servicesand 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 legislativepowers 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 theboard, 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 lessthan three (3) years immediately preceding the first day of themember'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 appointthree (3) board members, not more than two (2) of whom may belongto the same political party. One (1) member must be a licensedphysician.
(b) The board of commissioners of the county in which thecorporation is established shall appoint two (2) board members whomay not belong to the same political party.
(c) The city-county legislative body shall appoint two (2) boardmembers 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 servesa term of four (4) years from the beginning of the term for which themember 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 insection 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, amember's successor shall be appointed by the authority whooriginally appointed the member in accordance with this section.
(c) Not more than four (4) board members may belong to the samepolitical 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 procedureprovided 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 boardmember if the member:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with the corporation. However, themember shall disclose the interest or profit in writing to the board.The member shall abstain from voting on any matter that affects theinterest 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 officeor 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 ofcompensation
Sec. 14. A board member is entitled to receive one thousand twohundred dollars ($1,200) each year and the member who ischairperson is entitled to receive an additional six hundred dollars($600) each year. These payments shall be made quarterly fromfunds appropriated for that purpose in the regular budget of thecorporation. A board member may waive compensation by filing awritten 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 meetingsto be held at a designated interval throughout the year.
(b) The chairperson or a majority of the members of the boardmay call a special meeting. The board shall by rule establish aprocedure for calling special meetings. The corporation shall publishnotice of a special meeting one (1) time, not less than twenty-four(24) hours before the time of the meeting, in two (2) newspapers ofgeneral circulation in the county in which the corporation isestablished.
(c) Regular and special meetings are open to the public. Publicnotice 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 andvice chairperson; position vacancy
Sec. 16. (a) The board shall hold the annual meeting the secondMonday in January of each year. At the meeting, the board shallselect from among the members a chairperson and vice chairpersonand shall make the appointments of personnel provided under thischapter.
(b) A vacancy occurs if the chairperson or vice chairperson of theboard dies, resigns, or is impeached. If the office of chairperson orvice chairperson becomes vacant, the board shall select from amongthe members a successor chairperson or vice chairperson at the nextmeeting 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 aquorum for a meeting. The board may act by an affirmative vote ofa majority of the board.
(b) The corporation shall record memoranda from the meeting asrequired 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 theoffice of the corporation or in an electronic format. The corporationshall record the aye and nay vote on the final passage of any item ofbusiness and on any other item if two (2) board members request thatthe 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 boardmeetings. The board may suspend the rules of procedure byunanimous vote of the members present at the meeting. The boardshall not suspend the rules of procedure beyond the duration of themeeting at which the suspension of rules occurs.
(b) The board may exercise the powers to supervise internalaffairs 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 ata 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 meetingconsidering the final passage of a proposed ordinance, thecorporation shall publish a notice that the proposed ordinance ispending final action. The notice must be published one (1) time intwo (2) newspapers with general circulation in the county. Notice ofan ordinance establishing a budget must be in accordance with thegeneral 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 generalsubject matter of each ordinance pending final action for whichnotice has not been given.
(d) An ordinance is not invalid because the reference to thesubject matter of the proposed ordinance was inadequate if thereference is sufficient to advise the public of the general subjectmatter.
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 aproposed ordinance, the corporation shall provide the proposedordinance in the office of the corporation or in an electronic formatfor 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 undersection 21 of this chapter, the board may take final action on theproposed ordinance or may postpone final consideration to a futuredesignated 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 meetingopen to the public. Before adopting an ordinance, any person presentat the meeting may give testimony, evidence, or argument for oragainst the proposed ordinance in person or by counsel. The boardmay adopt rules concerning the number of persons who may be heardand 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 theordinance 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 orelectronic format
Sec. 26. (a) The corporation shall make each ordinance the boardadopts 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 healthand hospital corporation of the county.
(b) The corporation may print or provide the code of the healthand hospital corporation of the county in an electronic format forpublic 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 thecorporation who is qualified by education and experience to serve fora term of four (4) years unless sooner removed. The executivedirector is eligible for reappointment. The executive director mustreside in the county.
(b) In addition to the duties as executive director of the board, theexecutive 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 healthdepartment with powers and duties conferred by law upon localdepartments of health.
(c) The division of public hospitals shall operate the corporation'shospitals, 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 aqualified 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 ofpublic health to serve for a term of four (4) years unless soonerremoved for cause. The director is eligible for reappointment. Thedirector 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 thepowers, functions, and duties of a local health officer.
(b) Orders, citations, and administrative notices of violationissued by the director of the division of public health, the director'sauthorized representative, a supervisor in the division, or anenvironmental health specialist may be enforced by the corporationin a court with jurisdiction by filing a civil action in accordance withIC 16-42-5-28, IC 33-36-3-5(b), IC 34-28-5-1, IC 36-1-6-4, orIC 36-7-9-17.
(c) A public health authority may petition a circuit or superiorcourt for an order of isolation or quarantine by filing a civil action inaccordance with IC 16-41-9.
(d) Unless otherwise provided by law, a change of venue from thecounty may not be granted for court proceedings initiated under thissection.
(e) A change of venue from a judge must meet the requirementsin 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 ofpublic hospitals to serve for a term of four (4) years unless soonerremoved for cause. The director is eligible for reappointment. Thedirector shall supervise the division of hospitals under thejurisdiction of the corporation and perform the duties prescribed bythe board. The director must be qualified in the management ofhospitals and in health care financing. The director may be engagedthrough a contractor managing the hospital under section 29 of thischapter.
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 orreasonably incident to carrying out the purposes of this chapter,including the following:
(1) As a municipal corporation, sue and be sued in any courtwith jurisdiction.
(2) To serve as the exclusive local board of health and localdepartment of health within the county with the powers andduties conferred by law upon local boards of health and localdepartments of health.
(3) To adopt and enforce ordinances consistent with Indiana lawand administrative rules for the following purposes:
(A) To protect property owned or managed by thecorporation.
(B) To determine, prevent, and abate public healthnuisances.
(C) To establish isolation and quarantine regulations inaccordance with IC 16-41-9.
(D) To license, regulate, and establish minimum sanitarystandards for the operation of a business handling,producing, processing, preparing, manufacturing, packing,storing, selling, distributing, or transporting articles used forfood, drink, confectionery, or condiment in the interest ofthe public health.
(E) To control:
(i) rodents, mosquitos, and other animals, includinginsects, capable of transmitting microorganisms anddisease to humans and other animals; and
(ii) the animals' breeding places.
(F) To require persons to connect to available sewer systemsand to regulate the disposal of domestic or sanitary sewageby private methods. However, the board and corporationhave no jurisdiction over publicly owned or financed sewersystems or sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies fordomestic use.
(I) To protect, promote, or improve public health. For publichealth activities and to enforce public health laws, the statehealth data center described in IC 16-19-10 shall providehealth data, medical information, and epidemiologicalinformation to the corporation.
(J) To detect, report, prevent, and control disease affectingpublic health.
(K) To investigate and diagnose health problems and healthhazards.
(L) To regulate the sanitary and structural conditions ofresidential and nonresidential buildings and unsafe premises.
(M) To regulate the remediation of lead hazards. (N) To license and regulate the design, construction, andoperation of public pools, spas, and beaches.
(O) To regulate the storage, containment, handling, use, anddisposal of hazardous materials.
(P) To license and regulate tattoo and body piercingfacilities.
(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 andsecondary schools within the county.
(6) To furnish medical care to insured and uninsured residentsof the county.
(7) To furnish dental services to the insured and uninsuredresidents 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 in26 U.S.C. 170.
(14) To make charitable contributions and gifts.
(15) To establish a charitable foundation as provided in 26U.S.C. 501.
(16) To receive and distribute federal, state, local, or privategrants.
(17) To receive and distribute grants from charitablefoundations.
(18) To establish corporations and enter into partnerships andjoint ventures to carry out the purposes of the corporation. Thissubdivision does not authorize the merger of the corporationwith a hospital licensed under IC 16-21.
(19) To erect, improve, remodel, or repair corporationbuildings.
(20) To determine operating procedures.
(21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidentsof the county for medical and mental health services.
(B) Collect the charges from the patient, the patient'sinsurance company, or a government program.
(C) Require security for the payment of the charges.
(22) To adopt a schedule of and to collect reasonable chargesfor medical and mental health services.
(23) To enforce Indiana laws, administrative rules, ordinances,and the code of the health and hospital corporation of thecounty.
(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'shospitals, medical facilities, and mental health facilities.
(28) To dispose of surplus property in accordance with a policyby the board.
(29) To determine the duties of officers and division directors.
(30) To fix the compensation of the officers and divisiondirectors.
(31) To carry out the purposes and object of the corporation.
(32) To obtain loans for hospital expenses in amounts and uponterms agreeable to the board. The board may secure the loans bypledging accounts receivable or other security in hospital funds.
(33) To establish fees for licenses, services, and records. Thecorporation may accept payment by credit card for fees.IC 5-14-3-8(d) does not apply to fees established under thissubdivision for certificates of birth, death, or stillbirthregistration.
(34) To use levied taxes or other funds to makeintergovernmental transfers to the state to fund governmentalhealth care programs, including Medicaid and Medicaidsupplemental programs.
(b) The board shall exercise the board's powers and duties in amanner consistent with Indiana law, administrative rules, and thecode 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 purchasingagreement to purchase medical malpractice insurance with thefollowing:
(1) One (1) or more hospitals organized or operated under thisarticle.
(2) One (1) or more hospitals organized or operated underIC 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 ofreceipts and disbursements as prescribed by the state board ofaccounts.
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 thecorporation and the corporation's officers and employees under thischapter extend throughout the county and may extend outside thecounty on terms and conditions the board prescribes that areconsistent 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 bythis chapter upon the corporation or the corporation's officers that onJuly 1, 1952, was imposed on another municipal corporation orpolitical subdivision or the corporation's or political subdivision'sofficers, power, authority, or duty shall be exercised exclusively bythe 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 thecorporation shall be for the benefit of the residents of the county andof every person who becomes sick, injured, or maimed within thecounty.
(b) A patient who is able to pay shall pay to the corporation areasonable compensation for medicine or hospital services accordingto the rules prescribed by the board. The board or the board'sauthorized representative may exclude from the hospital a personwho willfully violates the rules. On terms and conditions the boardprescribes, the corporation may:
(1) extend the privileges and use of the hospital, thecorporation's health care programs, and health care facilities topersons residing outside of the county; and
(2) own or operate nursing facilities located inside or outside ofthe county.
(c) There may not be discrimination against practitioners of anyschool of medicine holding unlimited licenses to practice medicinerecognized in Indiana. The licensed practitioners are entitled to equalprivileges 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 anadditional hospital or an addition or improvement to an existinghospital, the board may purchase suitable grounds, construct suitable
buildings and improvements for hospital purposes, and do all that isnecessary to acquire, establish, construct, erect, equip, and maintainthe 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 fundunder IC 6-1.1-41 to erect hospital buildings, additions, or otherbuildings, remodel buildings, or acquire equipment needed to carryout this chapter. The cumulative building fund may be funded by aproperty tax levy under subsection (b), a transfer into the fund ofother 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 onall taxable property within the county where the corporation isestablished. However, the levy may not exceed six and sixty-sevenhundredths cents ($0.0667) on each one hundred dollars ($100) oftaxable property.
(c) All money in the cumulative building fund may be invested orreinvested in the following:
(1) Securities backed by the full faith and credit of the UnitedStates Treasury, including direct obligations of the UnitedStates government and obligations of a federal agency or afederal instrumentality that are fully guaranteed by the UnitedStates government.
(2) Participation in loans under the conditions and in themanner set forth in IC 5-13-10.5-12.
(d) The treasurer of the corporation may lend any securities in thecumulative building fund under the conditions and in the manner setforth in IC 5-13-10.5-12. Money collected and not invested ingovernment obligations shall be deposited and withdrawn in themanner authorized by law for the deposit, withdrawal, andsafekeeping 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 desiredfor a hospital, a health care facility, or an administrative facilitycannot agree on the price, the corporation has the right to condemn.Condemnation proceedings may be instituted in the name of thecorporation 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 orconstructing, enlarging, improving, remodeling, repairing, orequipping buildings for use as a hospital, a health care facility, or anadministrative facility. The issuance of the bonds shall be authorizedby a board resolution providing for the amount, terms, and tenor ofthe bonds, for the time and character of notice, and the mode ofmaking the sale. The bonds shall be payable not more than forty (40)years after the date of issuance. The bonds shall be executed in thename of the corporation by the executive director.
(b) The executive director shall manage and supervise thepreparation, advertisement, and sale of bonds, subject to theprovisions of the authorizing resolution. Before the sale of the bonds,the executive director shall publish notice of the sale in accordancewith IC 5-3-1, setting out the time and place where bids will bereceived, the amount and maturity dates of the issue, the maximuminterest rate, and the terms and conditions of sale and delivery of thebonds. The bonds shall be sold to the highest and best bidder. Afterthe bonds have been sold and executed, the executive director shalldeliver the bonds to the treasurer of the corporation and take thetreasurer's receipt, and shall certify to the treasurer the amount thatthe purchaser is to pay, together with the name and address of thepurchaser. On payment of the purchase price, the treasurer shalldeliver the bonds to the purchaser, and the treasurer and executivedirector 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 ofthe bonds.
(2) Notice of determination to issue bonds.
(3) Notice of hearing on the appropriation of the proceeds of thebonds 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 issuedescribed by IC 6-1.1-20-3.1(a); or
(B) vote on the issuance of bonds in the case of a proposedbond 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 corporationand are payable out of unlimited ad valorem taxes levied andcollected on all the taxable property within the county of thecorporation. All officials and bodies having to do with the levying oftaxes for the corporation shall see that sufficient levies are made tomeet the principal and interest on the bonds at the time fixed forpayment.
(e) The bonds are exempt from taxation for all purposes but theinterest 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 fundor refund a judgment, bonds, or other obligations of the corporation.The board is not required to file a petition requesting the issuance offunding 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 theboard of trustees in anticipation of the collection of taxes of thecorporation actually levied and in course of collection for the fiscalyear in which the loans are made. The loans shall be authorized byordinance and evidenced by warrants in the form provided by theordinance. 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 issuedand out of which the warrants are payable.
(6) A reference to the ordinance authorizing the warrant and thedate of the warrant's passage.
(b) The ordinance authorizing the temporary loans shallappropriate and pledge sufficient current revenue in anticipation ofwhich the warrants are issued and out of which the warrants arepayable. The warrants evidencing the temporary loans shall beexecuted, 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 toserve for a term of four (4) years unless sooner removed for cause.The treasurer shall give bond in the amount and with the conditionsprescribed by the board and with surety approved by the board. Allmoney payable to the corporation shall be paid to the treasurer andthe treasurer shall deposit the money in accordance with Indiana lawrelating to the deposit of public funds by municipal corporations.However, if trust funds are received or managed under a trustindenture, the terms and conditions of the trust indenture shall befollowed. 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 thecorporation 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 thecorporation. The executive director shall give bond in an amount andwith conditions and surety prescribed and approved by the board.The executive director shall keep an accurate account ofappropriations made and taxes levied by the corporation and ofmoney due to the corporation and received and disbursed. Theexecutive director shall preserve all vouchers for payments anddisbursements made.
(b) The auditor shall issue all warrants for the payment of moneyfrom the funds of the corporation, but no warrant shall be issued forthe payment of any claim until the claim has been allowed by theboard. All warrants shall be countersigned by the treasurer.Whenever the auditor issues a warrant, the auditor may requireevidence that the amount claimed is justly due and in conformitywith law. The auditor may summon any officer, agent, or employeeof the corporation, or other person, administer an oath or affirmationto 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 moreoften if required by the board, a report of the accounts exhibiting therevenues, receipts, and disbursements, the sources of the revenuesand 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 theoperating and capital expenditures of the corporation and shallcalculate the tax levy necessary to provide money for the operatingand capital expenditures of the corporation. The budget shall beprepared and submitted at the same time and in the same manner andwith the notices and review procedures provided by Indiana lawrelating 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 localgovernment finance shall be assessed and collected by the countytreasurer of the county within which the corporation is located asother taxes are levied and collected. The county treasurer shall remitall 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 accordancewith Indiana law relating to the deposit of public funds bymunicipalities.
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 oremployees of the corporation in the amount and with the terms andconditions 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 promissorynotes issued in the corporation's name, as a municipal corporation,from recognized lending institutions, and pledge as securityunlimited ad valorem taxes levied by the corporation and collectedon all taxable property within the jurisdiction of the corporation. Itis the duty of all officials and bodies with control or discretion overthe levying of taxes for the corporation to see that sufficient leviesare made to meet the principal and interest on promissory notes. Thepromissory notes issued under this section shall be treated fortaxation purposes the same as bonds issued by a municipalcorporation in accordance with IC 6-8-5-1.
(b) Funds obtained by the method provided in this section shall belimited in use to the payment of lease rental for medical, surgical,and related equipment used by the corporation when the boarddetermines that leasing the equipment is more practical andeconomical than purchasing. The decision to lease rather thanpurchase is within the sole discretion of the board.
(c) The length, terms, and conditions of promissory notes issuedunder this section are subject to negotiation between the board or theboard's representative and the lending institutions bidding. Beforeentering into negotiations for the loan, the board of trustees shallpublish a notice one (1) time in a newspaper of general circulation inthe health and hospital corporation naming a date not less than seven(7) days after the publication of notice on which the board willreceive and consider proposals from lending institutions for themaking of the loan.
(d) After determination of the board to borrow and to issuepromissory notes, and after a determination of the best proposalsubmitted by lending institutions, the board shall give notice of theboard's determination to borrow and to issue promissory notes in themanner provided by IC 6-1.1-20. The taxpayers have the right to
appeal the determination to the department of local governmentfinance 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.