CHAPTER 2. MEDICAL CENTER DEVELOPMENT AGENCIES
IC 16-23.5-2
Chapter 2. Medical Center Development Agencies
IC 16-23.5-2-1
Medical center development agency; creation
Sec. 1. The board of commissioners of a county may create amedical center development agency as a public agency andinstrumentality of the county to be known as the ________ CountyMedical Center Development Agency.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-2
Medical center development agency; appointments
Sec. 2. (a) The board of commissioners of the county may appointin writing five (5) residents of the county as members of theexecutive board of the agency. Original appointments to theexecutive board must be made in the following manner:
(1) One (1) member for a term of two (2) years.
(2) Two (2) members for a term of three (3) years.
(3) Two (2) members for a term of four (4) years.
(b) The county council may appoint in writing two (2) residentsof the county as members of the executive board. Originalappointments to the executive board must be made in the followingmanner:
(1) One (1) member for a term of two (2) years.
(2) One (1) member for a term of four (4) years.
(c) All persons subsequently appointed serve a term of four (4)years. A person may be reappointed for a subsequent term or terms.If a member of the executive board who was appointed by the boardof commissioners dies, resigns, is removed, or ceases to be a residentof the county, the board of commissioners shall appoint anotherqualified person to fill the remainder of the unexpired term. If amember of the executive board who was appointed by the countycouncil dies, resigns, is removed, or ceases to be a resident of thecounty, the county council shall appoint another qualified person tofill the remainder of the unexpired term.
(d) Persons appointed to the executive board must beknowledgeable and interested in the community health and medicalcare needs of the county and other areas of concern related to thedevelopment of a county medical center. However, only two (2) ofthe five (5) board members who are appointed under subsection (a)may be medical practitioners, administrators of a medical or healthfacility in the county, or on the faculty of a medical institution in thecounty.
(e) A member of the executive board may be removed from officefor neglect of duty, incompetence, inability to perform the member'sduties, or any other good cause by an order of the circuit court in thecounty in which the agency is located, subject to the followingprocedure:
(1) A complaint may be filed by any person against the member
setting forth the charges preferred.
(2) The cause shall be placed on the advanced calendar andtried as other civil causes are tried by the court without a jury.
(3) If the charges are sustained, the court shall declare the officeand term vacant.
(4) A change of venue from the judge may be granted uponmotion, but a change of venue from the county may not betaken.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-3
Medical center development agency; executive board; meetings;bylaws; quorum
Sec. 3. (a) Executive board members originally appointed shallmeet to organize within thirty (30) days after their appointment at atime and place designated by the board of commissioners. Theexecutive board may elect from among their number the officers thatare considered necessary for the conduct of business, but includingat a minimum a president and vice president. The terms of officemust be established by rules, regulations, or bylaws.
(b) Executive board members may adopt the bylaws, rules, andregulations that they consider necessary to carry out the powers andduties imposed upon the agency by this chapter. The rules,regulations, and bylaws are public records, and a copy of them mustbe available at all reasonable times in the circuit court clerk's officefor inspection by the public.
(c) In addition to the organizational meeting, other regular andspecial meetings must be held at the times and with notice that theexecutive board fixes. A majority of the members constitutes aquorum, and the concurrence of a majority of the full membership isnecessary to authorize any action. Board members serve without paybut are entitled to reimbursement for necessary expenses in amountsthat are approved by the board of commissioners and the countycouncil.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-4
Fiscal officer; powers of county treasurer
Sec. 4. The county treasurer shall act as the fiscal officer for theagency without additional compensation. The treasurer shall receiveall funds provided for the agency and deposit the funds in a separateaccount. The funds shall be paid out on an order of the executiveboard by the treasurer after any necessary approvals stipulated in thischapter.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-5
Contracts; prohibition of pecuniary interest of board members
Sec. 5. An executive board member may not have a pecuniaryinterest in any contract, employment, purchase, or sale made under
this chapter. A transaction made in which a member has such aninterest is void, and the member is subject to removal as provided inthis chapter.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-6
Executive board powers; actions in compliance with statewide plan
Sec. 6. The executive board must act in accordance with anystatewide plan for medical education directed by the generalassembly.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-7
Executive board powers and duties; generally
Sec. 7. The executive board has the following powers and duties:
(1) To devise a comprehensive plan for the development of amedical center within the county. The comprehensive plan mustbe recommended to and approved by the board ofcommissioners and the county council, if applicable, but onlyafter the plan has been reviewed at one (1) or more publichearings within the county. The plan shall be developedthrough:
(A) consultation with the respective local plan commissions;
(B) surveys of existing public and private medical facilities;
(C) studies of land use plans for the county;
(D) identification of countywide medical or health servicesthat are deficient and that could be provided by a medicalcenter;
(E) identification of sources of medical, paramedical, andother personnel to staff or augment the staff of a medicalcenter; and
(F) study and identification of any other pertinent factors,problems, and needs to be resolved within the plan.
(2) To hire or contract with qualified persons to assist the boardin carrying out the executive board's powers andresponsibilities. The executive board may hire a director whomay hire qualified persons or contract with them with theapproval of the executive board. The number of persons hired,their compensation, and the terms of contracts are subject toreview in advance by the county council, who may alter thecontracts and fix the number of the persons and theircompensation.
(3) To apply for, receive, and expend federal, state, private,local, or other funds that may be made available for thepurposes of the agency and to meet any conditions that may beattached to the expenditure of funds, all with the prior approvalof the county council, and subject to all state statutes andregulations governing them. The county council mayappropriate to the agency the proceeds of a tax levied to fund amedical center cumulative building fund or equivalent fund
established under statute.
(4) To inform the board of commissioners, county council, andother interested parties at least once every three (3) months ofthe progress of plans for development, construction, orimprovement of medical center facilities.
(5) To make and enter into all contracts and agreementsnecessary or incidental to the performance of the duties andexecution of powers provided in this chapter on behalf of thecounty, with the approval of the county council.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-8
Executive board powers and duties; compliance withcomprehensive plan for development of a medical center
Sec. 8. After approval of and in compliance with thecomprehensive plan for development of a medical center, theexecutive board of the agency has the following powers and duties:
(1) To condemn, appropriate, purchase, and hold any real estateneeded or useful in connection with a building or buildingsconstructed or to be constructed for the purposes of this chapter,on behalf of the county, all with the prior approval of the boardof commissioners and the county council.
(2) To design, order, contract for, and have constructed, or tomake all necessary and desirable improvements in, facilities foruse as a medical center, all with the approval of the countycouncil.
(3) To provide for the equipment of the medical center and anyappurtenant facilities, with the approval of the county council.
(4) To do all things with respect to its assigned responsibilitiesand jurisdiction that may additionally be required by the countycouncil, both before and after adoption of the comprehensiveplan.
(5) To develop annual budgets to be submitted to the countycouncil for inclusion in the county budget.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-9
Comprehensive plan for development of a medical center;procedures for adoption or rejection of plan
Sec. 9. (a) The comprehensive plan must be proposed to the boardof commissioners. The board of commissioners may, upon receipt ofthe plan, reject the plan or direct its amendment by ordinance orresolution.
(b) The comprehensive plan may be officially adopted only byordinance or resolution of the board of commissioners and approvalby the county council. After official adoption, the agency shallimplement the plan under the general guidance and approval of theboard of commissioners and county council.
(c) Rejection of all or any part of a comprehensive plan by theboard of commissioners is not a final rejection, but the agency may
propose additional comprehensive plans to the board ofcommissioners for further action under this chapter.
As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-10
Restriction on powers of the agency
Sec. 10. This chapter does not give the agency the power to levytaxes or issue bonds or confer upon the agency the status of amunicipal corporation. The agency may act only on behalf of thecounty, as approved by the board of commissioners or county councilunder this chapter, and is considered to be an administrativeinstrumentality of the county.
As added by P.L.2-2007, SEC.191.