CHAPTER 2. OPERATION OF COUNTY TUBERCULOSIS HOSPITALS IN ALLEN, ST. JOSEPH, VANDERBURGH, AND MADISON COUNTIES
IC 16-24-2
Chapter 2. Operation of County Tuberculosis Hospitals in Allen,St. Joseph, Vanderburgh, and Madison Counties
IC 16-24-2-1
Application of chapter
Sec. 1. This chapter applies to a county that meets the followingconditions:
(1) Has a population of:
(A) more than three hundred thousand (300,000) but lessthan four hundred thousand (400,000);
(B) more than two hundred thousand (200,000) but less thanthree hundred thousand (300,000);
(C) more than one hundred seventy thousand (170,000) butless than one hundred eighty thousand (180,000); or
(D) more than one hundred thirty thousand (130,000) butless than one hundred forty-five thousand (145,000).
(2) Owns a hospital for the treatment of patients withtuberculosis or other diseases, including chronic diseases anddiseases requiring convalescent care.
(3) Contracts with other counties for the treatment of thecitizens of those other counties.
As added by P.L.2-1993, SEC.7. Amended by P.L.170-2002,SEC.109.
IC 16-24-2-2
"Contracting county" defined
Sec. 2. As used in this chapter, "contracting county" means acounty that contracts with a county having a hospital for the care ofpatients.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-3
Board of managers; qualifications; terms of office; compensation;expenses
Sec. 3. (a) The county executive of the county owning thetuberculosis hospital shall appoint a board of managers for thehospital consisting of four (4) residents of the county. Two (2) of themembers must be licensed and practicing physicians. Not more thantwo (2) of the members may belong to the same political party. Theboard is a body corporate and politic.
(b) The term of office of each member of the board is four (4)years and until a successor is appointed and qualified. However, thefirst term of one (1) of the members expires annually. The membersof the governing board are entitled to receive annual salaries not toexceed six hundred dollars ($600) each and payment for actual andnecessary traveling and other expenses.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-4 Official visitor and inspector; term of office; compensation; duties;board of visitors
Sec. 4. (a) The county executive of a contracting county shallappoint an official visitor and inspector of the tuberculosis hospitaland the patients from the contracting county. The term of office ofthe official visitor is three (3) years. The official visitor is notentitled to compensation for service but the official visitor's actualand necessary traveling and other expenses shall be paid by thehospital.
(b) An official visitor shall do the following:
(1) The following:
(A) Inspect the hospital.
(B) Visit the patients of the contracting county.
(C) Consult with the superintendent.
(D) Report to the county executive of the visitor's countymonthly.
(2) With the tuberculosis agencies of the contracting county,prepare the documents necessary to admit patients from thecontracting county.
(3) The following:
(A) Inspect and visit the patient in the patient's home.
(B) Investigate the patient's financial condition.
(C) Report to the county executive at the time the countyexecutive approves the patient's admission.
(4) Transport the patients to and from the hospital.
(c) The official visitors of the contracting counties constitute theboard of visitors. The board of visitors shall do the following:
(1) Meet quarterly at the hospital.
(2) Transact the business of their respective counties.
(3) Report to their respective county executives.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-5
Board of affiliation and public relation
Sec. 5. (a) The governing board shall create a board of affiliationand public relation, which consists of the following:
(1) The president.
(2) The superintendent.
(3) The medical director.
(4) The superintendent of nurses.
(5) An executive secretary, to be appointed by the president andsuperintendent.
(b) The board of affiliation and public relation shall cooperatewith the county executives of the contracting counties and countyexecutives' official visitors.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-6
Governing board; powers and duties
Sec. 6. The governing board has the following powers and duties: (1) To manage the affairs, property, and patients of the hospitaland all matters relating to the government, discipline, contracts,and the finances of the hospital.
(2) To make rules and regulations for the operation of thehospital.
(3) To meet monthly, inspect the hospital, and hold the board'sannual meeting in July of each year.
(4) To keep the books and accounts of the hospital and keepminutes of the board's proceedings. All records are open to theinspection of the board's members, the county executives of thecounties owning or contracting with the hospital, the state boardof accounts, and other public agencies authorized by law toinspect the hospital.
(5) To adopt an annual budget for the hospital.
(6) To elect a president, at least one (1) vice president, asecretary, and a treasurer and to appoint a superintendent. Theoffice of president and superintendent may be held by one (1)person and the superintendent may act without salary, but isentitled to receive traveling and other expenses necessary orincidental to the office.
(7) To accept and hold in trust for the hospital a grant or deviseof land, gift, bequest, or other donation for the benefit of thehospital in accordance with the terms of the gift and as theboard considers beneficial.
(8) To contract for the care and treatment of persons withtuberculosis and other diseases, including chronic diseases andthose diseases requiring convalescent care.
(9) To certify all bills and accounts and transmit the bills andaccounts to the county executive of the county owning thehospital, who shall, if the county executive finds the bills andaccounts correct, pay the bills and accounts out of hospitalmoney.
(10) To annually report upon the operation of the hospital to thecounty executive of the county.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-7
Superintendent; powers and duties
Sec. 7. (a) The superintendent is the chief executive officer of thehospital and is subject to bylaws, rules, and regulations of thehospital and to the board of managers and the board's president.
(b) The superintendent shall do the following:
(1) Equip the hospital for the care and treatment of patients andfor the use of the officers and employees and to purchase,directly or if the county has a purchasing agent, through thecounty purchasing agent, all necessary supplies and equipment.The superintendent shall determine the quality needed or thepracticability of the articles requisitioned.
(2) The following:
(A) Supervise and control the records, accounts, and
buildings of the hospital and the hospital's internal affairs.
(B) Maintain discipline.
(C) Enforce compliance with all rules, bylaws, andregulations adopted by the board of managers for thegovernment, discipline, and management of the hospital andmake further rules, regulations, and orders not inconsistentwith those of the board of managers.
(3) The following:
(A) Appoint a licensed physician, as medical director, whohas at least five (5) years experience in the treatment oftuberculosis.
(B) Employ doctors, department heads, nurses, andemployees the licensed physician considers proper andnecessary for the efficient performance of the business of thehospital.
(C) Prescribe staff duties, and discharge staff at thesuperintendent's discretion.
(4) Keep accurate accounts and records of the business andoperations of the hospital and include the accounts and recordsin an annual report for the board of managers, who shallincorporate the accounts and records in the board's report to thecounty executive.
(5) Admit the following persons to the hospital in the order ofapplication:
(A) A person:
(i) with tuberculosis in any form and other diseases theboard of managers designates; and
(ii) who has resided in the county for at least one (1) yearbefore the application for admission.
(B) Persons from other counties or states, as provided in thischapter.
(6) Keep records of the admission, physical condition, andtreatment of each patient, including name, age, sex, color,marital condition, residence, occupation, and place of lastemployment.
(7) The following:
(A) Have a physical examination made of persons admittedto the hospital.
(B) Provide for the treatment of each patient according to thepatient's need.
(C) Keep records of the condition of each patient whenadmitted and thereafter.
(8) Discharge and report to the board of managers concerninga patient who meets any of the following conditions:
(A) Willfully or habitually violates the rules of the hospital.
(B) Does not have or has recovered from tuberculosis orother diseases designated by the board of managers.
(C) Is no longer a suitable patient for treatment.
(9) Hold clinics in all counties affiliated with the hospital,which must be arranged for and under the supervision of the
official visitor of the contracting county.
(10) Receive and administer all gifts, bequests, and devises onbehalf of the hospital. A gift of money shall, after the paymentof all taxes, fees, costs, and other expenses, be deposited in thedepository of the hospital designated by the county executiveand shall be managed by the board of managers for the bestinterest of the hospital, according to the donor's conditions.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-8
Treasurer; duties
Sec. 8. (a) The treasurer shall do the following:
(1) Collect and receive all money due the hospital in the nameof the hospital and deposit the money in a bank designated bythe county executive.
(2) Keep an accurate account of the money collected andreceived and make a written report to the board of managers, attheir regular monthly meeting.
(3) Before entering upon the treasurer's duties, post a bond in anamount determined by the board of managers to secure faithfulperformance.
(b) The board of managers shall transmit the funds to the treasurerof the county within ten (10) days after the meeting. The treasurershall place the funds in a special fund for the exclusive use of thehospital.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-9
Application for admission; examination; payment for care andtreatment
Sec. 9. (a) Any resident of the county may apply in person to thehospital for treatment or to a physician for examination. If thephysician finds that the person has tuberculosis in any form, thephysician may apply to the superintendent of the hospital foradmission.
(b) The superintendent shall forward application forms to anyphysician in the county, upon request and without charge. Ifpracticable, applications for admission to the hospital shall be madeupon these forms.
(c) If:
(1) the superintendent receives an application from a personwho appears to have tuberculosis; and
(2) there is a vacancy in the hospital;
the superintendent shall notify the person named in the applicationto appear at the hospital.
(d) If, upon examination of the patient, the superintendent issatisfied that the patient has tuberculosis and has made the properfinancial arrangement for care and treatment, to the extent of thepatient's ability, the superintendent shall admit the patient to thehospital. (e) All applications must:
(1) state whether the person is able to pay, in whole or in part,for care and treatment at the hospital; and
(2) be filed and kept as a permanent record.
(f) The hospital may not discriminate against any patient becausethe patient or the patient's relatives contribute to the cost of thepatient's maintenance. An officer or employee of the hospital maynot accept from any patient any fee, payment, or gratuity for services.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-10
Patient's financial circumstances; inquiry; payment according toability
Sec. 10. Whenever a patient is admitted to the hospital from thecounty in which the hospital is situated, the superintendent shallinquire into the circumstances of the patient and of the relatives ofthe patient legally liable for the patient's support. If thesuperintendent finds that the patient or the patient's relatives are ableto pay for care and treatment, in whole or in part, the superintendentshall direct the patient or the patient's relatives to pay to the treasurerof the hospital a specified amount each week, in proportion to thepatient's or the patient's relatives' financial ability. The hospital hasthe same authority to collect from the estate of the patient, or thepatient's relatives legally liable for the patient's support, as thetownship trustee as administrator of township assistance in similarcases. If the patient or the patient's relatives are not able to pay,either in whole or in part, the care and treatment become a chargeupon the county.
As added by P.L.2-1993, SEC.7. Amended by P.L.73-2005, SEC.167.
IC 16-24-2-11
Care and treatment of county nonresidents; contract;appropriation; tax levy
Sec. 11. (a) The county executive of a county without atuberculosis hospital may, by contract, arrange for the care andtreatment of the county's citizens in a tuberculosis hospital in anothercounty. The contract must fix the minimum number of patients to besent to the hospital for any year and the amount of compensation tobe paid for the care and treatment of those patients. Thecompensation must not exceed the actual cost of the operation of thehospital plus the interest charge on the bonded indebtedness of thehospital.
(b) The county fiscal body of the county contracting for the careand treatment of tuberculosis patients shall appropriate an amountout of the county general fund sufficient for the care and treatmentof tuberculosis patients and this fund constitutes a special fund. Thecounty may levy a tax for this purpose or the county executive maypay the hospital out of the general fund.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-12
Nonresidents' application for admission
Sec. 12. Any person in need of treatment and who resides in acounty without a tuberculosis hospital may apply in writing to thecounty auditor or official visitor of the county on a form to beprovided by the official visitor of the county with a physician'scertificate on a form furnished by the official visitor, stating that thephysician has, within ten (10) days, examined the person, and that,in the physician's judgment, the person has tuberculosis. The auditorshall forward the application and certificate to the county executive.If the county executive finds the application to be true, the boardshall make a record and send the application to the superintendent ofthe hospital. After the patient is accepted by the hospital, the countyexecutive shall provide transportation to and from the hospital andmaintenance at the hospital as provided in the contract orarrangement. All blanks provided for in this section shall befurnished by the hospital.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-13
Admission of nonresidents; liability for care and treatment
Sec. 13. (a) Whenever the superintendent receives an applicationfor the admission of a patient from another county, thesuperintendent shall notify the person to appear at the hospital if thefollowing conditions are met:
(1) It appears that the person has tuberculosis, or a similardisease.
(2) There is a vacancy in the hospital.
(3) There is no pending application from a patient residing inthe county in which the hospital is located.
(b) If, upon personal examination of the patient by the medicalstaff of the hospital, the superintendent determines that the patienthas tuberculosis, the superintendent shall admit the patient to thehospital. The patient is a charge against the executive of the countysending the patient, at a rate to be fixed by the board of managers butnot to exceed the per capita cost of maintenance, including areasonable allowance for interest on the cost of the hospital. The billshall, when verified, be paid by the auditor of the county. The countyexecutive of the contracting county shall investigate thecircumstances of the patient and of the patient's relatives legallyliable for the patient's support. The county executive has the sameauthority as a township trustee as administrator of townshipassistance in similar cases to collect, according to the patient's or thepatient's relatives' financial ability, the cost of the maintenance.
As added by P.L.2-1993, SEC.7. Amended by P.L.73-2005, SEC.168.
IC 16-24-2-14
Access to books and records
Sec. 14. The officers of the hospital shall admit the governingboard, the county executive, the representatives of the state board of
accounts, and all other public agencies having legal authority intoevery part of the hospital and give these persons access, on demand,to all books, papers, accounts, and records pertaining to the hospital.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-15
Joint county hospitals; allocation of costs; board of managers;admissions pro rata and otherwise
Sec. 15. (a) At least two (2) counties may agree to establish andmaintain a tuberculosis hospital.
(b) The county executive of each county proposing to cooperatemay enter into an agreement to establish the hospital and shallapportion the cost of establishing and maintaining the hospital amongthe cooperating counties, according to the ratio of taxable propertyin the counties. Each county executive shall appoint an equal numberof the members of the board of managers but shall not appoint morethan two (2) members. The number of patients admitted from thecooperating counties shall be based on the population of the counties.If there are not as many applications for admission as a county isentitled to, admission is made in the order the applications arereceived or as agreed among the cooperating counties.
As added by P.L.2-1993, SEC.7.
IC 16-24-2-16
Nonprofit hospitals; county aid
Sec. 16. Whenever an association is incorporated under Indianalaw as a nonprofit corporation, for the purpose of constructing,operating, and maintaining a hospital to treat and care for personswith tuberculosis or other diseases, the county executive of thecounty in which the hospital is located may:
(1) lease or convey the hospital of the county to the corporation;and
(2) give financial aid to:
(A) maintain and operate the hospital; and
(B) pay for the treatment of county residents.
As added by P.L.2-1993, SEC.7.