State Codes and Statutes

Statutes > Indiana > Title12 > Ar30 > Ch7

IC 12-30-7
     Chapter 7. Health Centers in Allen County and St. Joseph County

IC 12-30-7-1
Application of chapter
    
Sec. 1. (a) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
        (2) Maintains, owns, or maintains and owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
        (3) Maintains, owns, or maintains and owns a hospital for the treatment of patients afflicted with tuberculosis and other chronic diseases that contracts with other counties for the treatment of citizens of the other counties.
    (b) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
        (2) Maintains or owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-2
Contracting county defined
    
Sec. 2. As used in this chapter, "contracting county" means a county that contracts with the county having a health center for the care of patients afflicted with tuberculosis or other chronic diseases.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-3
Fund defined
    
Sec. 3. As used in this chapter, "fund" refers to the county health center fund established by this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-4
Counties having population of more than 300,000 but less than 400,000; consolidation of property and supplies; health centers; divisions
    
Sec. 4. (a) A county described in section 1(a) of this chapter shall consolidate all real property, buildings, equipment, supplies, employees, insurance, and equity of the county home and the hospital and operate both as one (1) entity to be known as the "________________ Health Center".
    (b) The health center must include at least the following two (2)

divisions:
        (1) The health care facility division.
        (2) The hospital division.
    (c) Other divisions may be added as necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-5
Counties having population of more than 200,000 but less than 300,000; health centers; hospital divisions
    
Sec. 5. (a) A county described in section 1(b) of this chapter shall name and operate the county's county home as the "___________ Health Center".
    (b) Notwithstanding any other provision of this chapter, the health center does not have a hospital division.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-6
Taxation; support of health centers
    
Sec. 6. The board of commissioners of a county shall, with the approval of the county council, cause to be assessed, levied, and collected the amounts of money the board of commissioners considers necessary for the following:
        (1) Suitable lands, buildings, and improvements for the health center.
        (2) Maintenance of the health center.
        (3) All other necessary expenditures.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-7
Borrowing money and issuing county obligations; support of health centers
    
Sec. 7. The board of commissioners shall, with the approval of the county fiscal body, borrow money by the issue of county obligations, as the board of commissioners may do for other county purposes, for the following:
        (1) The erection, furnishing, refurnishing, equipping, or reequipping of the health center.
        (2) The purchase of a site for the health center.
        (3) Additions to the site.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-8
Fixing levy and rate of taxation; additional appropriations
    
Sec. 8. The board of commissioners shall annually recommend to the county fiscal body a tax rate and levy to provide the necessary money for the operation and maintenance of the health center based upon the estimates of the board of managers of the health center. The county fiscal body shall adopt a budget and fix a levy and rate of taxation that, when added to all estimated health center revenues, is sufficient to provide the amounts appropriated for the health center.

The county fiscal body may make additional appropriations from the county general fund to make up deficits in estimated revenue or for emergencies.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-9
Health center board of managers; membership
    
Sec. 9. (a) The county executive shall appoint a board of managers for the health center. The board of managers shall be composed of eleven (11) county residents appointed on the basis of the residents' recognized interest in and demonstrated knowledge of the problems of the health center and the proper care and treatment of the patients and residents. The board of managers must be composed of any combination of the following:
        (1) Physicians holding unlimited licenses to practice medicine in Indiana.
        (2) Licensed registered nurses, pharmacists licensed under IC 25-26-13, or licensed dentists.
        (3) Individuals appointed from business, industry, and the health professions, or consumer representatives.
        (4) Social workers.
        (5) Dietitians.
        (6) Professional engineers (as defined in IC 25-31-1-2).
        (7) Any other resident of the county the board of commissioners considers qualified.
    (b) Not more than six (6) members of the board of managers may be members of the same political party.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-10
Health center board of managers; term of office; successors
    
Sec. 10. (a) All appointments to the board of managers may be for terms of four (4) years. A member of the board of managers may not serve more than two (2) consecutive terms of four (4) years, except that a member of the board of managers for a health center located in a county described in section 1(b) of this chapter may serve consecutive four (4) year terms without limitation.
    (b) Each member of the board of managers serves until the member's qualified successor is appointed.
As added by P.L.2-1992, SEC.24. Amended by P.L.24-1997, SEC.61.

IC 12-30-7-11
Health center board of managers; vacancies
    
Sec. 11. A vacancy occurring for any reason in the membership of the board of managers shall be filled for the unexpired term by an individual appointed by the county executive.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-12
Health center board of managers; meetings; quorum      Sec. 12. (a) The board of managers shall hold one (1) regular meeting each month at the health center or at some other location designated by the board of managers and shall call as many other meetings as may be prescribed by the rules of the board of managers. The May meeting is the annual meeting.
    (b) Six (6) members of the board of managers constitute a quorum for the transaction of business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-13
Health center board of managers; election of president and vice president; term of office; minute book
    
Sec. 13. At the annual meeting the board of managers shall elect a president and vice president who serve for one (1) year terms. The proceedings of the board of managers shall be recorded in an official minute book maintained by the secretary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-14
Health center board of managers; mileage payments
    
Sec. 14. Members of the board of mangers serve without salary, but shall be entitled to the amount for mileage equal to the amount per mile paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Mileage shall be paid for travel to and from official meetings of the board of managers and for travel incurred in connection with official health center business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-15
Health center board of managers; center administrator; appointment; qualifications; removal
    
Sec. 15. (a) The board of managers shall, with the advice and consent of the board of commissioners, select and appoint an administrator for the health center.
    (b) The administrator shall be appointed solely on the basis of merit and fitness for the position, without regard to the appointee's political affiliation. The administrator must have the following qualifications:
        (1) Be a citizen of the United States.
        (2) Possess good executive ability.
        (3) Be qualified as an institutional administrative officer.
        (4) Be a reputable citizen of good moral character.
        (5) Have the proper experience and training to efficiently manage the health center and to supervise or provide necessary and proper care and treatment for the patients and residents in the health center.
    (c) The administrator may not be removed except for cause by a majority vote of the board of commissioners, upon charges preferred

by a majority of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-16
Health center administrator; duties; membership on board of managers
    
Sec. 16. (a) The administrator:
        (1) is the chief executive and administrative officer of the health center;
        (2) shall serve as secretary of the board of managers; and
        (3) shall perform all duties and functions of administrator as provided by law under the direction and supervision of the board of managers.
    (b) The administrator is not a voting member of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-17
Health center administrator; travel expenses reimbursement
    
Sec. 17. In addition to any other compensation, the administrator is entitled to travel reimbursement on a per mile basis commensurate with that paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency for each mile travelled in the discharge of the administrator's duties, but within the lawfully established appropriation made for this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-18
Health center administrator; duties
    
Sec. 18. (a) The administrator, as chief executive and administrative officer of the health center, has duties that, subject to the bylaws, rules, regulations, and powers of the board of managers, include the following:
        (1) The administrator shall equip the health center with all necessary furniture, appliances, fixtures, and other necessary facilities for the care and treatment of patients and for the use of the officers and employees of the health center as prescribed by law. All necessary supplies and equipment shall be purchased through and under the laws, rules, and regulations of the central purchasing agency of the county. However, raw food purchases are the responsibility of the health center administrator. The administrator shall appoint the county purchasing agent or other deputy purchasing agent of the county purchasing agency to act as a health center central purchasing manager.
        (2) The administrator shall maintain control of the records, accounts, and buildings of the health center.
        (3) The administrator shall enforce all rules and regulations adopted by the board of managers for the government,

discipline, and management of the health center and the health center's employees and patients. The administrator may make additional rules and regulations not inconsistent with the rules, regulations, and directions of the board of managers.
        (4) The administrator shall, with the approval of the board of managers, appoint one (1) physician holding an unlimited license to practice medicine, surgery, and obstetrics in Indiana to the position of medical director of the health center or appoint a medical director for each division. In addition, the administrator shall do the following:
            (A) Employ within the numbers and classes of employees and salary limits established by the board of commissioners and the county council in the annual budget the following:
                (i) Physicians.
                (ii) Department heads.
                (iii) Nurses.
                (iv) Other employees that the administrator considers proper and necessary for the efficient performance of the business of the health center.
            (B) Prescribe the duties of each individual employed within the guidelines established by the board of managers.
        (5) The administrator shall do the following:
            (A) Cause proper accounts and records of business and operations of the health center to be kept regularly in books and records prescribed by the chart of accounts for hospitals and the state board of accounts.
            (B) Use the accounts and records to prepare an annual report for the board of managers.
        (6) The administrator is responsible for receiving patients into the health center as follows:
            (A) A resident of the county who is suffering from tuberculosis or another chronic disease designated by the board of managers may be admitted to the hospital division.
            (B) A resident of the county who is aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care may be admitted to the nursing home division.
            (C) A nonresident of the county may be admitted to the health center only as prescribed in this section.
        (7) The administrator shall do the following:
            (A) Cause an examination to be made of the physical condition of each person admitted to the health center.
            (B) Provide for the care and treatment of each patient within the resources and capabilities of the health center according to the patient's needs.
            (C) Cause a record to be kept of the condition of each patient when admitted.
            (D) See that each patient is reexamined periodically.
        (8) The administrator shall discharge from the health center any patient who:             (A) willfully or habitually violates the rules of the health center;
            (B) is found to have recovered from tuberculosis or other chronic disease; or
            (C) has been rehabilitated sufficiently not to require the services of the health center.
        (9) The administrator shall establish clinical and ancillary services for inpatients and outpatients of the health center as the board of managers may designate. Clinical and ancillary services include the following:
            (A) Outpatient tuberculosis clinic.
            (B) Outpatient chronic disease clinic.
            (C) Inhalation therapy.
            (D) Physical therapy services.
            (E) Podiatric medicine services.
            (F) Dental services.
            (G) Optometry services.
            (H) Speech and hearing services.
            (I) Social/psychiatric services.
    (b) All clinical and ancillary services established under subsection (a)(9) must be available to patients from all counties affiliated with or having an interest in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-19
Health center fund; collection of money; premiums on bonds and insurance
    
Sec. 19. (a) The administrator or the administrator's delegate shall do the following:
        (1) Collect and receive all money due the hospital.
        (2) Deposit all checks for collection in the name of the hospital in a bank designated by the board of commissioners of the county owning the hospital.
        (3) Keep an accurate account of the money collected and checks deposited.
        (4) Make a written report of the money collected and checks deposited to the board of managers at the regular monthly meeting of the board of managers.
    (b) Within ten (10) days after a monthly meeting at which a report is presented under subsection (a)(4) on money collected and checks deposited, the board of managers shall cause the money to be transmitted to the treasurer of the county owning the hospital. The treasurer shall place the money in a special fund to be named the county health center fund.
    (c) The county health center fund is for the use of the hospital and may not be used for any other purpose. Money from the fund may be disbursed only upon warrant issued by the county auditor.
    (d) The board of managers shall allow the bills and accounts without advertising the filing of the claims and shall certify and transmit the claims to the county auditor, who shall provide for

payment from appropriations made for that purpose by the county council.
    (e) The premiums on all bonds and insurance that are required by this chapter, by law, or by the action of the board of commissioners shall be paid in the same manner as other expenses of the health center are paid out of the appropriation for fixed charges, unless otherwise expressly provided by law.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-20
Procedures, rules, and regulations
    
Sec. 20. The board of managers shall adopt all policies, procedures, rules, and regulations for the government of the health center. The administrator shall discharge all administrative and executive duties and responsibilities of the health center, subject to the approval of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-21
Health center board of managers; recommendations for salaries and benefits; officers and employees; bonds
    
Sec. 21. (a) The board of managers shall recommend in the budget of the board of managers, subject to approval of the board of commissioners and the county council, the number and classes of employees of the health center and the salaries and fringe benefits of the officers and employees of the health center. The salaries and fringe benefits of the officers and employees shall be compensation in full for all services provided, unless specifically provided for in this chapter.
    (b) The board of managers shall designate the officers and employees who must, before entering upon the discharge of the officers' or employees' duties, give a bond in an amount determined by the board of managers to secure the faithful performance of the officers' or employees' duties.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-22
Health center board of managers; duties
    
Sec. 22. The board of managers shall do the following:
        (1) Supervise the maintenance and operation and services of the health center.
        (2) Supervise and safeguard the health, safety, welfare, and comfort of the patients and residents of the health center.
        (3) Review and approve the annual budget of the health center before submission for final approval and request for appropriation by the board of commissioners, using budget forms and procedures prescribed by the state board of accounts and the chart of accounts for hospitals.
        (4) Approve payment of all bills and accounts.
        (5) Adopt rules and regulations for admissions to the health

center as provided by law, subject to the approval of the board of commissioners.
        (6) Recommend to the board of commissioners necessary additions, repairs, and improvements to the buildings and grounds and physical plant of the health center.
        (7) Review annual estimates and requests for foods, supplies, and equipment for the health center.
        (8) Plan for and interpret to the board of commissioners and the county council the requirements of the health center.
        (9) Cooperate with other public and private agencies and facilities of the county and state.
        (10) Improve and extend the services and facilities of the health center that the board of managers considers necessary or desirable.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-23
Health center board of managers; development plan; cooperation with other agencies
    
Sec. 23. The board of managers shall plan for the effective development of the health center for the public benefit and is empowered to cooperate with all agencies of government to accomplish this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-24
Health center board of managers; inspection of facilities
    
Sec. 24. The board of managers shall regularly inspect all facilities of the health center. In the inspections, the board of managers shall examine the following:
        (1) The sufficiency and performance of the personnel.
        (2) The health, medical care, and nursing care of patients and residents.
        (3) Drug handling and purchasing.
        (4) Mechanical restraint and seclusion.
        (5) Food service and food sanitation.
        (6) Water supply.
        (7) Sanitation and sewage disposal.
        (8) Physical plant and equipment.
        (9) Safety standards as required by federal and state law.
        (10) Community clinical and ancillary services for inpatients and outpatients.
        (11) The handling of mail and assistance warrants of patients and residents.
        (12) Other items that the board of managers considers necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-25
Admissions; nondiscriminatory basis      Sec. 25. The board of managers shall ensure that admissions to the health center are made on a nondiscriminatory basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-26
Health center board of managers; grants, devises, gifts, bequests, and donations
    
Sec. 26. (a) The board of managers shall accept and hold in trust for the health center the following:
        (1) A grant or devise of real property.
        (2) A gift or bequest of money or other property.
        (3) Any other donation.
    (b) The board of managers shall apply the grant, devise, gift, bequest, or donation in accordance with the terms of the grant, devise, gift, bequest, or donation and as the board of managers considers beneficial to the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-27
Tuberculosis defined; contracting for care of afflicted individuals; utilization of hospital division; care for individuals suffering from other chronic diseases
    
Sec. 27. (a) "Tuberculosis", as used in this section, includes other chronic diseases within the limitations set forth in subsection (c), unless the context clearly requires otherwise. However, the money that the state contributes for tuberculosis cases is not available for individuals not afflicted with tuberculosis.
    (b) The board of managers may contract with persons, municipalities, counties, and other agencies for the care and treatment of individuals afflicted with tuberculosis or other chronic diseases.
    (c) The board of managers shall determine, as of January 1 and July 1 of each year, whether the facilities of the hospital division are fully utilized in the case of patients suffering from tuberculosis. If the board of managers finds that:
        (1) the facilities are not being fully utilized in the case of patients suffering from tuberculosis; and
        (2) the demand for care of tuberculosis patients does not warrant the full utilization of the hospital division for that purpose;
the board of managers may authorize the hospital division to furnish nursing care and restorative services to individuals suffering from chronic illness other than tuberculosis, so that the facilities of the hospital division are fully utilized, upon the terms and conditions of admission, treatment, care, and payment that the board of managers prescribes.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-28
Health center budget; approval by county fiscal body      Sec. 28. The budget of a health center established under this chapter is subject to approval of the county fiscal body in the same manner as the budgets of other county offices and departments.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-29
Counties without health center; contracts for services
    
Sec. 29. (a) The board of commissioners of a county that does not have a health center as provided in this chapter may contract for the care and treatment of the county's residents afflicted with tuberculosis and other chronic diseases with a county that has established a health center under this chapter. The board of commissioners of the county seeking care and treatment for the county's residents may contract directly with the health center.
    (b) The county fiscal body of a contracting county shall appropriate out of the county's general fund an amount of money sufficient to meet the terms of the contract, and the money appropriated constitutes a special fund for that purpose. The:
        (1) contracting county may levy a tax in an amount necessary to meet the terms of the contract; or
        (2) commissioners may pay the amount due the health center out of the general fund.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-30
County contracting for health center services; official visitor; appointment; term of office; duties; board of visitors
    
Sec. 30. (a) The board of commissioners of a contracting county shall appoint an official visitor to the health center. The term of office of the official visitor is three (3) years.
    (b) The official visitor, in conjunction with the local board of health, the tuberculosis and respiratory disease agencies of the contracting county, or both, shall do the following:
        (1) Prepare all of the papers and documents necessary for the admission of the patient from the contracting county.
        (2) Inspect and visit the patient in the patient's home and investigate the patient's financial condition.
        (3) Report the facts to the board of commissioners at the time of the presentation of the admission papers for approval.
    (c) The official visitor shall cause to be transported to and from the health center the patients of the contracting county.
    (d) The official visitors appointed by the boards of commissioners of the contracting counties constitute the board of visitors. The members of the board of visitors shall do the following:
        (1) Meet at least annually at the health center.
        (2) Transact the business of their respective counties.
        (3) Report to their respective boards of commissioners.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-31 Tuberculosis and other chronic diseases; application for treatment
    
Sec. 31. (a) A resident of the county in which the health center is situated who desires treatment and care of tuberculosis or other chronic diseases in the health center may apply in person to the health center or to any physician for examination. If found to be suffering from tuberculosis or other chronic disease, the county resident may apply to the administrator of the health center for admission.
    (b) The health center shall provide application forms for the purposes of this section, and the administrator shall forward application forms to a physician in the county upon request. Each application submitted under this section must state facts showing whether the applicant is able to pay, in whole or in part, for the care and treatment the applicant will receive while at the health center.
    (c) If it appears on an application submitted under this section that the applicant is suffering from tuberculosis or other chronic disease and if there is a vacancy in the health center, the administrator shall notify the applicant named in the application to appear in person at the health center. If, upon examination of the applicant, the administrator is satisfied that:
        (1) the applicant is suffering from tuberculosis or other chronic disease; and
        (2) the applicant has made financial arrangements for the applicant's own care and treatment to the extent of the applicant's ability;
the administrator shall admit the applicant to the health center as a patient.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-32
Discrimination because of race, creed, national origin, or ability to pay; prohibition
    
Sec. 32. Discrimination may not be made in accommodation, care, or treatment of any patient at a health center established under this chapter because of race, creed, national origin, or ability to pay.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-33
Financial investigation of patient; support order; liability of patient's estate and relatives; reimbursement from public assistance programs
    
Sec. 33. (a) Whenever a patient has been admitted to a health center from the county in which the health center is situated, the administrator shall cause an inquiry to be made as to the financial circumstances of the patient and of any relatives of the patient who may be legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are able to pay for the patient's care and treatment, in whole or in part, an order shall be made directing the patient or the relative to pay a specified amount per month to the health center for the support of the patient.     (b) The health center may collect the amount from the estate of the patient or from relatives legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are not able to pay, the administrator may seek reimbursement from the county office, Medicare, Medicaid, private insurance companies, the township trustee as the administrator of township assistance, or the county general fund, depending on the eligibility of the patient for assistance from the county office or program.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.228; P.L.5-1993, SEC.241; P.L.73-2005, SEC.164.

IC 12-30-7-34
Patients from counties without health centers; treatment for tuberculosis or other chronic diseases; application; examination; charges; financial investigation
    
Sec. 34. (a) An individual who:
        (1) resides in a county where there is no health center; and
        (2) desires treatment in a health center as provided for in this chapter;
may apply for treatment to the county auditor or official visitor of the county, on a form to be provided by the official visitor. An application submitted under this section must be accompanied by a signed certificate stating that the applicant has been examined by a physician and that in the physician's opinion the patient is suffering from tuberculosis or other chronic disease.
    (b) The auditor shall, upon receipt of an application and certificate filed under subsection (a), forward the certificate to the board of commissioners. If the board of commissioners find that the facts contained in the application are true, the board of commissioners shall make a record of the application and forward the application to the health center administrator. If the patient is accepted by the health center, the board of commissioners shall provide transportation for the patient and shall provide for the patient's maintenance in the health center at the rate provided for in the contract.
    (c) Upon receiving an application for the admission of a patient from the board of commissioners of any other county, the administrator of a health center shall request that the patient appear in person for an examination at the health center if:
        (1) it appears from the application that the applicant is suffering from tuberculosis or other chronic disease;
        (2) there is a vacancy in the health center; and
        (3) there is no pending application from a patient residing in the county in which the health center is located.
    (d) If upon examination of the patient by the medical staff of the health center the administrator is satisfied that the patient is suffering from tuberculosis or other chronic disease, the administrator shall admit the patient to the health center.
    (e) A patient admitted under this section is a charge against the board of commissioners of the county sending the patient, at a rate

fixed by the board of commissioners, and the bill shall, when verified, be paid by the auditor of the contracting county.
    (f) The board of commissioners of the contracting county shall cause an investigation to be made into the financial circumstances of the patient and the relatives legally liable for the patient's support and may collect from the relatives, in whole or in part, according to the financial ability of the relatives, the cost of the maintenance of the patient in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-35
Admissions; voluntary basis
    
Sec. 35. Admission of all health care facility patients and residents in the health center shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-36
Care outside scope of care provided by health center; arrangements
    
Sec. 36. Whenever a patient or resident in the health center requires hospitalization, medical care, nursing care, or other care outside the scope of that provided by the health care facility division, hospital division, or any other division of the health center, arrangements shall be made promptly for furnishing necessary care.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-37
Rehabilitation work; voluntary basis
    
Sec. 37. Participation by patients or residents of the division in work of the health center for rehabilitation purposes shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-38
Community life
    
Sec. 38. Effort shall be made to provide community life and opportunities for activities, under the direction of a physician, that are consistent with the mental and physical well-being of the residents or patients.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-39
Amount of charges
    
Sec. 39. The amount to be charged for the care and treatment of patients or residents in a health center established under this chapter shall be an amount sufficient to cover the operating cost of the health center. The board of managers shall set the per diem or room and board rates for each division of the health center and the clinic or ancillary service charges.
As added by P.L.2-1992, SEC.24.
IC 12-30-7-40
Health center board of managers; prosecution and defense of suits
    
Sec. 40. The board of managers may prosecute and defend suits in its own name. A suit may be brought against the board of managers in any court with jurisdiction in the county. A notice or summons concerning a suit against the board of managers shall be served upon the administrator.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-41
Health center board of managers; other powers and duties necessary to administration of chapter
    
Sec. 41. The board of managers has all other rights and powers and shall perform all other duties that are necessary to administer this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-42
Immunity from personal liability
    
Sec. 42. The:
        (1) members of the board of managers;
        (2) administrator; and
        (3) the officers and employees of the health center;
are not personally liable, except to the county, for an official act done or omitted in connection with the performance of their respective duties under this chapter.
As added by P.L.2-1992, SEC.24.

State Codes and Statutes

Statutes > Indiana > Title12 > Ar30 > Ch7

IC 12-30-7
     Chapter 7. Health Centers in Allen County and St. Joseph County

IC 12-30-7-1
Application of chapter
    
Sec. 1. (a) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
        (2) Maintains, owns, or maintains and owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
        (3) Maintains, owns, or maintains and owns a hospital for the treatment of patients afflicted with tuberculosis and other chronic diseases that contracts with other counties for the treatment of citizens of the other counties.
    (b) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
        (2) Maintains or owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-2
Contracting county defined
    
Sec. 2. As used in this chapter, "contracting county" means a county that contracts with the county having a health center for the care of patients afflicted with tuberculosis or other chronic diseases.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-3
Fund defined
    
Sec. 3. As used in this chapter, "fund" refers to the county health center fund established by this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-4
Counties having population of more than 300,000 but less than 400,000; consolidation of property and supplies; health centers; divisions
    
Sec. 4. (a) A county described in section 1(a) of this chapter shall consolidate all real property, buildings, equipment, supplies, employees, insurance, and equity of the county home and the hospital and operate both as one (1) entity to be known as the "________________ Health Center".
    (b) The health center must include at least the following two (2)

divisions:
        (1) The health care facility division.
        (2) The hospital division.
    (c) Other divisions may be added as necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-5
Counties having population of more than 200,000 but less than 300,000; health centers; hospital divisions
    
Sec. 5. (a) A county described in section 1(b) of this chapter shall name and operate the county's county home as the "___________ Health Center".
    (b) Notwithstanding any other provision of this chapter, the health center does not have a hospital division.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-6
Taxation; support of health centers
    
Sec. 6. The board of commissioners of a county shall, with the approval of the county council, cause to be assessed, levied, and collected the amounts of money the board of commissioners considers necessary for the following:
        (1) Suitable lands, buildings, and improvements for the health center.
        (2) Maintenance of the health center.
        (3) All other necessary expenditures.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-7
Borrowing money and issuing county obligations; support of health centers
    
Sec. 7. The board of commissioners shall, with the approval of the county fiscal body, borrow money by the issue of county obligations, as the board of commissioners may do for other county purposes, for the following:
        (1) The erection, furnishing, refurnishing, equipping, or reequipping of the health center.
        (2) The purchase of a site for the health center.
        (3) Additions to the site.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-8
Fixing levy and rate of taxation; additional appropriations
    
Sec. 8. The board of commissioners shall annually recommend to the county fiscal body a tax rate and levy to provide the necessary money for the operation and maintenance of the health center based upon the estimates of the board of managers of the health center. The county fiscal body shall adopt a budget and fix a levy and rate of taxation that, when added to all estimated health center revenues, is sufficient to provide the amounts appropriated for the health center.

The county fiscal body may make additional appropriations from the county general fund to make up deficits in estimated revenue or for emergencies.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-9
Health center board of managers; membership
    
Sec. 9. (a) The county executive shall appoint a board of managers for the health center. The board of managers shall be composed of eleven (11) county residents appointed on the basis of the residents' recognized interest in and demonstrated knowledge of the problems of the health center and the proper care and treatment of the patients and residents. The board of managers must be composed of any combination of the following:
        (1) Physicians holding unlimited licenses to practice medicine in Indiana.
        (2) Licensed registered nurses, pharmacists licensed under IC 25-26-13, or licensed dentists.
        (3) Individuals appointed from business, industry, and the health professions, or consumer representatives.
        (4) Social workers.
        (5) Dietitians.
        (6) Professional engineers (as defined in IC 25-31-1-2).
        (7) Any other resident of the county the board of commissioners considers qualified.
    (b) Not more than six (6) members of the board of managers may be members of the same political party.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-10
Health center board of managers; term of office; successors
    
Sec. 10. (a) All appointments to the board of managers may be for terms of four (4) years. A member of the board of managers may not serve more than two (2) consecutive terms of four (4) years, except that a member of the board of managers for a health center located in a county described in section 1(b) of this chapter may serve consecutive four (4) year terms without limitation.
    (b) Each member of the board of managers serves until the member's qualified successor is appointed.
As added by P.L.2-1992, SEC.24. Amended by P.L.24-1997, SEC.61.

IC 12-30-7-11
Health center board of managers; vacancies
    
Sec. 11. A vacancy occurring for any reason in the membership of the board of managers shall be filled for the unexpired term by an individual appointed by the county executive.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-12
Health center board of managers; meetings; quorum      Sec. 12. (a) The board of managers shall hold one (1) regular meeting each month at the health center or at some other location designated by the board of managers and shall call as many other meetings as may be prescribed by the rules of the board of managers. The May meeting is the annual meeting.
    (b) Six (6) members of the board of managers constitute a quorum for the transaction of business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-13
Health center board of managers; election of president and vice president; term of office; minute book
    
Sec. 13. At the annual meeting the board of managers shall elect a president and vice president who serve for one (1) year terms. The proceedings of the board of managers shall be recorded in an official minute book maintained by the secretary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-14
Health center board of managers; mileage payments
    
Sec. 14. Members of the board of mangers serve without salary, but shall be entitled to the amount for mileage equal to the amount per mile paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Mileage shall be paid for travel to and from official meetings of the board of managers and for travel incurred in connection with official health center business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-15
Health center board of managers; center administrator; appointment; qualifications; removal
    
Sec. 15. (a) The board of managers shall, with the advice and consent of the board of commissioners, select and appoint an administrator for the health center.
    (b) The administrator shall be appointed solely on the basis of merit and fitness for the position, without regard to the appointee's political affiliation. The administrator must have the following qualifications:
        (1) Be a citizen of the United States.
        (2) Possess good executive ability.
        (3) Be qualified as an institutional administrative officer.
        (4) Be a reputable citizen of good moral character.
        (5) Have the proper experience and training to efficiently manage the health center and to supervise or provide necessary and proper care and treatment for the patients and residents in the health center.
    (c) The administrator may not be removed except for cause by a majority vote of the board of commissioners, upon charges preferred

by a majority of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-16
Health center administrator; duties; membership on board of managers
    
Sec. 16. (a) The administrator:
        (1) is the chief executive and administrative officer of the health center;
        (2) shall serve as secretary of the board of managers; and
        (3) shall perform all duties and functions of administrator as provided by law under the direction and supervision of the board of managers.
    (b) The administrator is not a voting member of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-17
Health center administrator; travel expenses reimbursement
    
Sec. 17. In addition to any other compensation, the administrator is entitled to travel reimbursement on a per mile basis commensurate with that paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency for each mile travelled in the discharge of the administrator's duties, but within the lawfully established appropriation made for this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-18
Health center administrator; duties
    
Sec. 18. (a) The administrator, as chief executive and administrative officer of the health center, has duties that, subject to the bylaws, rules, regulations, and powers of the board of managers, include the following:
        (1) The administrator shall equip the health center with all necessary furniture, appliances, fixtures, and other necessary facilities for the care and treatment of patients and for the use of the officers and employees of the health center as prescribed by law. All necessary supplies and equipment shall be purchased through and under the laws, rules, and regulations of the central purchasing agency of the county. However, raw food purchases are the responsibility of the health center administrator. The administrator shall appoint the county purchasing agent or other deputy purchasing agent of the county purchasing agency to act as a health center central purchasing manager.
        (2) The administrator shall maintain control of the records, accounts, and buildings of the health center.
        (3) The administrator shall enforce all rules and regulations adopted by the board of managers for the government,

discipline, and management of the health center and the health center's employees and patients. The administrator may make additional rules and regulations not inconsistent with the rules, regulations, and directions of the board of managers.
        (4) The administrator shall, with the approval of the board of managers, appoint one (1) physician holding an unlimited license to practice medicine, surgery, and obstetrics in Indiana to the position of medical director of the health center or appoint a medical director for each division. In addition, the administrator shall do the following:
            (A) Employ within the numbers and classes of employees and salary limits established by the board of commissioners and the county council in the annual budget the following:
                (i) Physicians.
                (ii) Department heads.
                (iii) Nurses.
                (iv) Other employees that the administrator considers proper and necessary for the efficient performance of the business of the health center.
            (B) Prescribe the duties of each individual employed within the guidelines established by the board of managers.
        (5) The administrator shall do the following:
            (A) Cause proper accounts and records of business and operations of the health center to be kept regularly in books and records prescribed by the chart of accounts for hospitals and the state board of accounts.
            (B) Use the accounts and records to prepare an annual report for the board of managers.
        (6) The administrator is responsible for receiving patients into the health center as follows:
            (A) A resident of the county who is suffering from tuberculosis or another chronic disease designated by the board of managers may be admitted to the hospital division.
            (B) A resident of the county who is aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care may be admitted to the nursing home division.
            (C) A nonresident of the county may be admitted to the health center only as prescribed in this section.
        (7) The administrator shall do the following:
            (A) Cause an examination to be made of the physical condition of each person admitted to the health center.
            (B) Provide for the care and treatment of each patient within the resources and capabilities of the health center according to the patient's needs.
            (C) Cause a record to be kept of the condition of each patient when admitted.
            (D) See that each patient is reexamined periodically.
        (8) The administrator shall discharge from the health center any patient who:             (A) willfully or habitually violates the rules of the health center;
            (B) is found to have recovered from tuberculosis or other chronic disease; or
            (C) has been rehabilitated sufficiently not to require the services of the health center.
        (9) The administrator shall establish clinical and ancillary services for inpatients and outpatients of the health center as the board of managers may designate. Clinical and ancillary services include the following:
            (A) Outpatient tuberculosis clinic.
            (B) Outpatient chronic disease clinic.
            (C) Inhalation therapy.
            (D) Physical therapy services.
            (E) Podiatric medicine services.
            (F) Dental services.
            (G) Optometry services.
            (H) Speech and hearing services.
            (I) Social/psychiatric services.
    (b) All clinical and ancillary services established under subsection (a)(9) must be available to patients from all counties affiliated with or having an interest in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-19
Health center fund; collection of money; premiums on bonds and insurance
    
Sec. 19. (a) The administrator or the administrator's delegate shall do the following:
        (1) Collect and receive all money due the hospital.
        (2) Deposit all checks for collection in the name of the hospital in a bank designated by the board of commissioners of the county owning the hospital.
        (3) Keep an accurate account of the money collected and checks deposited.
        (4) Make a written report of the money collected and checks deposited to the board of managers at the regular monthly meeting of the board of managers.
    (b) Within ten (10) days after a monthly meeting at which a report is presented under subsection (a)(4) on money collected and checks deposited, the board of managers shall cause the money to be transmitted to the treasurer of the county owning the hospital. The treasurer shall place the money in a special fund to be named the county health center fund.
    (c) The county health center fund is for the use of the hospital and may not be used for any other purpose. Money from the fund may be disbursed only upon warrant issued by the county auditor.
    (d) The board of managers shall allow the bills and accounts without advertising the filing of the claims and shall certify and transmit the claims to the county auditor, who shall provide for

payment from appropriations made for that purpose by the county council.
    (e) The premiums on all bonds and insurance that are required by this chapter, by law, or by the action of the board of commissioners shall be paid in the same manner as other expenses of the health center are paid out of the appropriation for fixed charges, unless otherwise expressly provided by law.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-20
Procedures, rules, and regulations
    
Sec. 20. The board of managers shall adopt all policies, procedures, rules, and regulations for the government of the health center. The administrator shall discharge all administrative and executive duties and responsibilities of the health center, subject to the approval of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-21
Health center board of managers; recommendations for salaries and benefits; officers and employees; bonds
    
Sec. 21. (a) The board of managers shall recommend in the budget of the board of managers, subject to approval of the board of commissioners and the county council, the number and classes of employees of the health center and the salaries and fringe benefits of the officers and employees of the health center. The salaries and fringe benefits of the officers and employees shall be compensation in full for all services provided, unless specifically provided for in this chapter.
    (b) The board of managers shall designate the officers and employees who must, before entering upon the discharge of the officers' or employees' duties, give a bond in an amount determined by the board of managers to secure the faithful performance of the officers' or employees' duties.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-22
Health center board of managers; duties
    
Sec. 22. The board of managers shall do the following:
        (1) Supervise the maintenance and operation and services of the health center.
        (2) Supervise and safeguard the health, safety, welfare, and comfort of the patients and residents of the health center.
        (3) Review and approve the annual budget of the health center before submission for final approval and request for appropriation by the board of commissioners, using budget forms and procedures prescribed by the state board of accounts and the chart of accounts for hospitals.
        (4) Approve payment of all bills and accounts.
        (5) Adopt rules and regulations for admissions to the health

center as provided by law, subject to the approval of the board of commissioners.
        (6) Recommend to the board of commissioners necessary additions, repairs, and improvements to the buildings and grounds and physical plant of the health center.
        (7) Review annual estimates and requests for foods, supplies, and equipment for the health center.
        (8) Plan for and interpret to the board of commissioners and the county council the requirements of the health center.
        (9) Cooperate with other public and private agencies and facilities of the county and state.
        (10) Improve and extend the services and facilities of the health center that the board of managers considers necessary or desirable.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-23
Health center board of managers; development plan; cooperation with other agencies
    
Sec. 23. The board of managers shall plan for the effective development of the health center for the public benefit and is empowered to cooperate with all agencies of government to accomplish this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-24
Health center board of managers; inspection of facilities
    
Sec. 24. The board of managers shall regularly inspect all facilities of the health center. In the inspections, the board of managers shall examine the following:
        (1) The sufficiency and performance of the personnel.
        (2) The health, medical care, and nursing care of patients and residents.
        (3) Drug handling and purchasing.
        (4) Mechanical restraint and seclusion.
        (5) Food service and food sanitation.
        (6) Water supply.
        (7) Sanitation and sewage disposal.
        (8) Physical plant and equipment.
        (9) Safety standards as required by federal and state law.
        (10) Community clinical and ancillary services for inpatients and outpatients.
        (11) The handling of mail and assistance warrants of patients and residents.
        (12) Other items that the board of managers considers necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-25
Admissions; nondiscriminatory basis      Sec. 25. The board of managers shall ensure that admissions to the health center are made on a nondiscriminatory basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-26
Health center board of managers; grants, devises, gifts, bequests, and donations
    
Sec. 26. (a) The board of managers shall accept and hold in trust for the health center the following:
        (1) A grant or devise of real property.
        (2) A gift or bequest of money or other property.
        (3) Any other donation.
    (b) The board of managers shall apply the grant, devise, gift, bequest, or donation in accordance with the terms of the grant, devise, gift, bequest, or donation and as the board of managers considers beneficial to the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-27
Tuberculosis defined; contracting for care of afflicted individuals; utilization of hospital division; care for individuals suffering from other chronic diseases
    
Sec. 27. (a) "Tuberculosis", as used in this section, includes other chronic diseases within the limitations set forth in subsection (c), unless the context clearly requires otherwise. However, the money that the state contributes for tuberculosis cases is not available for individuals not afflicted with tuberculosis.
    (b) The board of managers may contract with persons, municipalities, counties, and other agencies for the care and treatment of individuals afflicted with tuberculosis or other chronic diseases.
    (c) The board of managers shall determine, as of January 1 and July 1 of each year, whether the facilities of the hospital division are fully utilized in the case of patients suffering from tuberculosis. If the board of managers finds that:
        (1) the facilities are not being fully utilized in the case of patients suffering from tuberculosis; and
        (2) the demand for care of tuberculosis patients does not warrant the full utilization of the hospital division for that purpose;
the board of managers may authorize the hospital division to furnish nursing care and restorative services to individuals suffering from chronic illness other than tuberculosis, so that the facilities of the hospital division are fully utilized, upon the terms and conditions of admission, treatment, care, and payment that the board of managers prescribes.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-28
Health center budget; approval by county fiscal body      Sec. 28. The budget of a health center established under this chapter is subject to approval of the county fiscal body in the same manner as the budgets of other county offices and departments.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-29
Counties without health center; contracts for services
    
Sec. 29. (a) The board of commissioners of a county that does not have a health center as provided in this chapter may contract for the care and treatment of the county's residents afflicted with tuberculosis and other chronic diseases with a county that has established a health center under this chapter. The board of commissioners of the county seeking care and treatment for the county's residents may contract directly with the health center.
    (b) The county fiscal body of a contracting county shall appropriate out of the county's general fund an amount of money sufficient to meet the terms of the contract, and the money appropriated constitutes a special fund for that purpose. The:
        (1) contracting county may levy a tax in an amount necessary to meet the terms of the contract; or
        (2) commissioners may pay the amount due the health center out of the general fund.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-30
County contracting for health center services; official visitor; appointment; term of office; duties; board of visitors
    
Sec. 30. (a) The board of commissioners of a contracting county shall appoint an official visitor to the health center. The term of office of the official visitor is three (3) years.
    (b) The official visitor, in conjunction with the local board of health, the tuberculosis and respiratory disease agencies of the contracting county, or both, shall do the following:
        (1) Prepare all of the papers and documents necessary for the admission of the patient from the contracting county.
        (2) Inspect and visit the patient in the patient's home and investigate the patient's financial condition.
        (3) Report the facts to the board of commissioners at the time of the presentation of the admission papers for approval.
    (c) The official visitor shall cause to be transported to and from the health center the patients of the contracting county.
    (d) The official visitors appointed by the boards of commissioners of the contracting counties constitute the board of visitors. The members of the board of visitors shall do the following:
        (1) Meet at least annually at the health center.
        (2) Transact the business of their respective counties.
        (3) Report to their respective boards of commissioners.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-31 Tuberculosis and other chronic diseases; application for treatment
    
Sec. 31. (a) A resident of the county in which the health center is situated who desires treatment and care of tuberculosis or other chronic diseases in the health center may apply in person to the health center or to any physician for examination. If found to be suffering from tuberculosis or other chronic disease, the county resident may apply to the administrator of the health center for admission.
    (b) The health center shall provide application forms for the purposes of this section, and the administrator shall forward application forms to a physician in the county upon request. Each application submitted under this section must state facts showing whether the applicant is able to pay, in whole or in part, for the care and treatment the applicant will receive while at the health center.
    (c) If it appears on an application submitted under this section that the applicant is suffering from tuberculosis or other chronic disease and if there is a vacancy in the health center, the administrator shall notify the applicant named in the application to appear in person at the health center. If, upon examination of the applicant, the administrator is satisfied that:
        (1) the applicant is suffering from tuberculosis or other chronic disease; and
        (2) the applicant has made financial arrangements for the applicant's own care and treatment to the extent of the applicant's ability;
the administrator shall admit the applicant to the health center as a patient.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-32
Discrimination because of race, creed, national origin, or ability to pay; prohibition
    
Sec. 32. Discrimination may not be made in accommodation, care, or treatment of any patient at a health center established under this chapter because of race, creed, national origin, or ability to pay.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-33
Financial investigation of patient; support order; liability of patient's estate and relatives; reimbursement from public assistance programs
    
Sec. 33. (a) Whenever a patient has been admitted to a health center from the county in which the health center is situated, the administrator shall cause an inquiry to be made as to the financial circumstances of the patient and of any relatives of the patient who may be legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are able to pay for the patient's care and treatment, in whole or in part, an order shall be made directing the patient or the relative to pay a specified amount per month to the health center for the support of the patient.     (b) The health center may collect the amount from the estate of the patient or from relatives legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are not able to pay, the administrator may seek reimbursement from the county office, Medicare, Medicaid, private insurance companies, the township trustee as the administrator of township assistance, or the county general fund, depending on the eligibility of the patient for assistance from the county office or program.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.228; P.L.5-1993, SEC.241; P.L.73-2005, SEC.164.

IC 12-30-7-34
Patients from counties without health centers; treatment for tuberculosis or other chronic diseases; application; examination; charges; financial investigation
    
Sec. 34. (a) An individual who:
        (1) resides in a county where there is no health center; and
        (2) desires treatment in a health center as provided for in this chapter;
may apply for treatment to the county auditor or official visitor of the county, on a form to be provided by the official visitor. An application submitted under this section must be accompanied by a signed certificate stating that the applicant has been examined by a physician and that in the physician's opinion the patient is suffering from tuberculosis or other chronic disease.
    (b) The auditor shall, upon receipt of an application and certificate filed under subsection (a), forward the certificate to the board of commissioners. If the board of commissioners find that the facts contained in the application are true, the board of commissioners shall make a record of the application and forward the application to the health center administrator. If the patient is accepted by the health center, the board of commissioners shall provide transportation for the patient and shall provide for the patient's maintenance in the health center at the rate provided for in the contract.
    (c) Upon receiving an application for the admission of a patient from the board of commissioners of any other county, the administrator of a health center shall request that the patient appear in person for an examination at the health center if:
        (1) it appears from the application that the applicant is suffering from tuberculosis or other chronic disease;
        (2) there is a vacancy in the health center; and
        (3) there is no pending application from a patient residing in the county in which the health center is located.
    (d) If upon examination of the patient by the medical staff of the health center the administrator is satisfied that the patient is suffering from tuberculosis or other chronic disease, the administrator shall admit the patient to the health center.
    (e) A patient admitted under this section is a charge against the board of commissioners of the county sending the patient, at a rate

fixed by the board of commissioners, and the bill shall, when verified, be paid by the auditor of the contracting county.
    (f) The board of commissioners of the contracting county shall cause an investigation to be made into the financial circumstances of the patient and the relatives legally liable for the patient's support and may collect from the relatives, in whole or in part, according to the financial ability of the relatives, the cost of the maintenance of the patient in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-35
Admissions; voluntary basis
    
Sec. 35. Admission of all health care facility patients and residents in the health center shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-36
Care outside scope of care provided by health center; arrangements
    
Sec. 36. Whenever a patient or resident in the health center requires hospitalization, medical care, nursing care, or other care outside the scope of that provided by the health care facility division, hospital division, or any other division of the health center, arrangements shall be made promptly for furnishing necessary care.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-37
Rehabilitation work; voluntary basis
    
Sec. 37. Participation by patients or residents of the division in work of the health center for rehabilitation purposes shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-38
Community life
    
Sec. 38. Effort shall be made to provide community life and opportunities for activities, under the direction of a physician, that are consistent with the mental and physical well-being of the residents or patients.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-39
Amount of charges
    
Sec. 39. The amount to be charged for the care and treatment of patients or residents in a health center established under this chapter shall be an amount sufficient to cover the operating cost of the health center. The board of managers shall set the per diem or room and board rates for each division of the health center and the clinic or ancillary service charges.
As added by P.L.2-1992, SEC.24.
IC 12-30-7-40
Health center board of managers; prosecution and defense of suits
    
Sec. 40. The board of managers may prosecute and defend suits in its own name. A suit may be brought against the board of managers in any court with jurisdiction in the county. A notice or summons concerning a suit against the board of managers shall be served upon the administrator.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-41
Health center board of managers; other powers and duties necessary to administration of chapter
    
Sec. 41. The board of managers has all other rights and powers and shall perform all other duties that are necessary to administer this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-42
Immunity from personal liability
    
Sec. 42. The:
        (1) members of the board of managers;
        (2) administrator; and
        (3) the officers and employees of the health center;
are not personally liable, except to the county, for an official act done or omitted in connection with the performance of their respective duties under this chapter.
As added by P.L.2-1992, SEC.24.


State Codes and Statutes

State Codes and Statutes

Statutes > Indiana > Title12 > Ar30 > Ch7

IC 12-30-7
     Chapter 7. Health Centers in Allen County and St. Joseph County

IC 12-30-7-1
Application of chapter
    
Sec. 1. (a) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
        (2) Maintains, owns, or maintains and owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
        (3) Maintains, owns, or maintains and owns a hospital for the treatment of patients afflicted with tuberculosis and other chronic diseases that contracts with other counties for the treatment of citizens of the other counties.
    (b) This chapter applies to a county that meets the following conditions:
        (1) Has a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
        (2) Maintains or owns a county home for the support and care of persons who are aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care, but who do not require hospitalization.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-2
Contracting county defined
    
Sec. 2. As used in this chapter, "contracting county" means a county that contracts with the county having a health center for the care of patients afflicted with tuberculosis or other chronic diseases.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-3
Fund defined
    
Sec. 3. As used in this chapter, "fund" refers to the county health center fund established by this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-4
Counties having population of more than 300,000 but less than 400,000; consolidation of property and supplies; health centers; divisions
    
Sec. 4. (a) A county described in section 1(a) of this chapter shall consolidate all real property, buildings, equipment, supplies, employees, insurance, and equity of the county home and the hospital and operate both as one (1) entity to be known as the "________________ Health Center".
    (b) The health center must include at least the following two (2)

divisions:
        (1) The health care facility division.
        (2) The hospital division.
    (c) Other divisions may be added as necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-5
Counties having population of more than 200,000 but less than 300,000; health centers; hospital divisions
    
Sec. 5. (a) A county described in section 1(b) of this chapter shall name and operate the county's county home as the "___________ Health Center".
    (b) Notwithstanding any other provision of this chapter, the health center does not have a hospital division.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-6
Taxation; support of health centers
    
Sec. 6. The board of commissioners of a county shall, with the approval of the county council, cause to be assessed, levied, and collected the amounts of money the board of commissioners considers necessary for the following:
        (1) Suitable lands, buildings, and improvements for the health center.
        (2) Maintenance of the health center.
        (3) All other necessary expenditures.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-7
Borrowing money and issuing county obligations; support of health centers
    
Sec. 7. The board of commissioners shall, with the approval of the county fiscal body, borrow money by the issue of county obligations, as the board of commissioners may do for other county purposes, for the following:
        (1) The erection, furnishing, refurnishing, equipping, or reequipping of the health center.
        (2) The purchase of a site for the health center.
        (3) Additions to the site.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-8
Fixing levy and rate of taxation; additional appropriations
    
Sec. 8. The board of commissioners shall annually recommend to the county fiscal body a tax rate and levy to provide the necessary money for the operation and maintenance of the health center based upon the estimates of the board of managers of the health center. The county fiscal body shall adopt a budget and fix a levy and rate of taxation that, when added to all estimated health center revenues, is sufficient to provide the amounts appropriated for the health center.

The county fiscal body may make additional appropriations from the county general fund to make up deficits in estimated revenue or for emergencies.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-9
Health center board of managers; membership
    
Sec. 9. (a) The county executive shall appoint a board of managers for the health center. The board of managers shall be composed of eleven (11) county residents appointed on the basis of the residents' recognized interest in and demonstrated knowledge of the problems of the health center and the proper care and treatment of the patients and residents. The board of managers must be composed of any combination of the following:
        (1) Physicians holding unlimited licenses to practice medicine in Indiana.
        (2) Licensed registered nurses, pharmacists licensed under IC 25-26-13, or licensed dentists.
        (3) Individuals appointed from business, industry, and the health professions, or consumer representatives.
        (4) Social workers.
        (5) Dietitians.
        (6) Professional engineers (as defined in IC 25-31-1-2).
        (7) Any other resident of the county the board of commissioners considers qualified.
    (b) Not more than six (6) members of the board of managers may be members of the same political party.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-10
Health center board of managers; term of office; successors
    
Sec. 10. (a) All appointments to the board of managers may be for terms of four (4) years. A member of the board of managers may not serve more than two (2) consecutive terms of four (4) years, except that a member of the board of managers for a health center located in a county described in section 1(b) of this chapter may serve consecutive four (4) year terms without limitation.
    (b) Each member of the board of managers serves until the member's qualified successor is appointed.
As added by P.L.2-1992, SEC.24. Amended by P.L.24-1997, SEC.61.

IC 12-30-7-11
Health center board of managers; vacancies
    
Sec. 11. A vacancy occurring for any reason in the membership of the board of managers shall be filled for the unexpired term by an individual appointed by the county executive.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-12
Health center board of managers; meetings; quorum      Sec. 12. (a) The board of managers shall hold one (1) regular meeting each month at the health center or at some other location designated by the board of managers and shall call as many other meetings as may be prescribed by the rules of the board of managers. The May meeting is the annual meeting.
    (b) Six (6) members of the board of managers constitute a quorum for the transaction of business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-13
Health center board of managers; election of president and vice president; term of office; minute book
    
Sec. 13. At the annual meeting the board of managers shall elect a president and vice president who serve for one (1) year terms. The proceedings of the board of managers shall be recorded in an official minute book maintained by the secretary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-14
Health center board of managers; mileage payments
    
Sec. 14. Members of the board of mangers serve without salary, but shall be entitled to the amount for mileage equal to the amount per mile paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. Mileage shall be paid for travel to and from official meetings of the board of managers and for travel incurred in connection with official health center business.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-15
Health center board of managers; center administrator; appointment; qualifications; removal
    
Sec. 15. (a) The board of managers shall, with the advice and consent of the board of commissioners, select and appoint an administrator for the health center.
    (b) The administrator shall be appointed solely on the basis of merit and fitness for the position, without regard to the appointee's political affiliation. The administrator must have the following qualifications:
        (1) Be a citizen of the United States.
        (2) Possess good executive ability.
        (3) Be qualified as an institutional administrative officer.
        (4) Be a reputable citizen of good moral character.
        (5) Have the proper experience and training to efficiently manage the health center and to supervise or provide necessary and proper care and treatment for the patients and residents in the health center.
    (c) The administrator may not be removed except for cause by a majority vote of the board of commissioners, upon charges preferred

by a majority of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-16
Health center administrator; duties; membership on board of managers
    
Sec. 16. (a) The administrator:
        (1) is the chief executive and administrative officer of the health center;
        (2) shall serve as secretary of the board of managers; and
        (3) shall perform all duties and functions of administrator as provided by law under the direction and supervision of the board of managers.
    (b) The administrator is not a voting member of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-17
Health center administrator; travel expenses reimbursement
    
Sec. 17. In addition to any other compensation, the administrator is entitled to travel reimbursement on a per mile basis commensurate with that paid to state officers and employees according to the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency for each mile travelled in the discharge of the administrator's duties, but within the lawfully established appropriation made for this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-18
Health center administrator; duties
    
Sec. 18. (a) The administrator, as chief executive and administrative officer of the health center, has duties that, subject to the bylaws, rules, regulations, and powers of the board of managers, include the following:
        (1) The administrator shall equip the health center with all necessary furniture, appliances, fixtures, and other necessary facilities for the care and treatment of patients and for the use of the officers and employees of the health center as prescribed by law. All necessary supplies and equipment shall be purchased through and under the laws, rules, and regulations of the central purchasing agency of the county. However, raw food purchases are the responsibility of the health center administrator. The administrator shall appoint the county purchasing agent or other deputy purchasing agent of the county purchasing agency to act as a health center central purchasing manager.
        (2) The administrator shall maintain control of the records, accounts, and buildings of the health center.
        (3) The administrator shall enforce all rules and regulations adopted by the board of managers for the government,

discipline, and management of the health center and the health center's employees and patients. The administrator may make additional rules and regulations not inconsistent with the rules, regulations, and directions of the board of managers.
        (4) The administrator shall, with the approval of the board of managers, appoint one (1) physician holding an unlimited license to practice medicine, surgery, and obstetrics in Indiana to the position of medical director of the health center or appoint a medical director for each division. In addition, the administrator shall do the following:
            (A) Employ within the numbers and classes of employees and salary limits established by the board of commissioners and the county council in the annual budget the following:
                (i) Physicians.
                (ii) Department heads.
                (iii) Nurses.
                (iv) Other employees that the administrator considers proper and necessary for the efficient performance of the business of the health center.
            (B) Prescribe the duties of each individual employed within the guidelines established by the board of managers.
        (5) The administrator shall do the following:
            (A) Cause proper accounts and records of business and operations of the health center to be kept regularly in books and records prescribed by the chart of accounts for hospitals and the state board of accounts.
            (B) Use the accounts and records to prepare an annual report for the board of managers.
        (6) The administrator is responsible for receiving patients into the health center as follows:
            (A) A resident of the county who is suffering from tuberculosis or another chronic disease designated by the board of managers may be admitted to the hospital division.
            (B) A resident of the county who is aged, blind, destitute, homeless, infirm, chronically ill, or in need of nursing or convalescent care may be admitted to the nursing home division.
            (C) A nonresident of the county may be admitted to the health center only as prescribed in this section.
        (7) The administrator shall do the following:
            (A) Cause an examination to be made of the physical condition of each person admitted to the health center.
            (B) Provide for the care and treatment of each patient within the resources and capabilities of the health center according to the patient's needs.
            (C) Cause a record to be kept of the condition of each patient when admitted.
            (D) See that each patient is reexamined periodically.
        (8) The administrator shall discharge from the health center any patient who:             (A) willfully or habitually violates the rules of the health center;
            (B) is found to have recovered from tuberculosis or other chronic disease; or
            (C) has been rehabilitated sufficiently not to require the services of the health center.
        (9) The administrator shall establish clinical and ancillary services for inpatients and outpatients of the health center as the board of managers may designate. Clinical and ancillary services include the following:
            (A) Outpatient tuberculosis clinic.
            (B) Outpatient chronic disease clinic.
            (C) Inhalation therapy.
            (D) Physical therapy services.
            (E) Podiatric medicine services.
            (F) Dental services.
            (G) Optometry services.
            (H) Speech and hearing services.
            (I) Social/psychiatric services.
    (b) All clinical and ancillary services established under subsection (a)(9) must be available to patients from all counties affiliated with or having an interest in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-19
Health center fund; collection of money; premiums on bonds and insurance
    
Sec. 19. (a) The administrator or the administrator's delegate shall do the following:
        (1) Collect and receive all money due the hospital.
        (2) Deposit all checks for collection in the name of the hospital in a bank designated by the board of commissioners of the county owning the hospital.
        (3) Keep an accurate account of the money collected and checks deposited.
        (4) Make a written report of the money collected and checks deposited to the board of managers at the regular monthly meeting of the board of managers.
    (b) Within ten (10) days after a monthly meeting at which a report is presented under subsection (a)(4) on money collected and checks deposited, the board of managers shall cause the money to be transmitted to the treasurer of the county owning the hospital. The treasurer shall place the money in a special fund to be named the county health center fund.
    (c) The county health center fund is for the use of the hospital and may not be used for any other purpose. Money from the fund may be disbursed only upon warrant issued by the county auditor.
    (d) The board of managers shall allow the bills and accounts without advertising the filing of the claims and shall certify and transmit the claims to the county auditor, who shall provide for

payment from appropriations made for that purpose by the county council.
    (e) The premiums on all bonds and insurance that are required by this chapter, by law, or by the action of the board of commissioners shall be paid in the same manner as other expenses of the health center are paid out of the appropriation for fixed charges, unless otherwise expressly provided by law.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-20
Procedures, rules, and regulations
    
Sec. 20. The board of managers shall adopt all policies, procedures, rules, and regulations for the government of the health center. The administrator shall discharge all administrative and executive duties and responsibilities of the health center, subject to the approval of the board of managers.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-21
Health center board of managers; recommendations for salaries and benefits; officers and employees; bonds
    
Sec. 21. (a) The board of managers shall recommend in the budget of the board of managers, subject to approval of the board of commissioners and the county council, the number and classes of employees of the health center and the salaries and fringe benefits of the officers and employees of the health center. The salaries and fringe benefits of the officers and employees shall be compensation in full for all services provided, unless specifically provided for in this chapter.
    (b) The board of managers shall designate the officers and employees who must, before entering upon the discharge of the officers' or employees' duties, give a bond in an amount determined by the board of managers to secure the faithful performance of the officers' or employees' duties.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-22
Health center board of managers; duties
    
Sec. 22. The board of managers shall do the following:
        (1) Supervise the maintenance and operation and services of the health center.
        (2) Supervise and safeguard the health, safety, welfare, and comfort of the patients and residents of the health center.
        (3) Review and approve the annual budget of the health center before submission for final approval and request for appropriation by the board of commissioners, using budget forms and procedures prescribed by the state board of accounts and the chart of accounts for hospitals.
        (4) Approve payment of all bills and accounts.
        (5) Adopt rules and regulations for admissions to the health

center as provided by law, subject to the approval of the board of commissioners.
        (6) Recommend to the board of commissioners necessary additions, repairs, and improvements to the buildings and grounds and physical plant of the health center.
        (7) Review annual estimates and requests for foods, supplies, and equipment for the health center.
        (8) Plan for and interpret to the board of commissioners and the county council the requirements of the health center.
        (9) Cooperate with other public and private agencies and facilities of the county and state.
        (10) Improve and extend the services and facilities of the health center that the board of managers considers necessary or desirable.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-23
Health center board of managers; development plan; cooperation with other agencies
    
Sec. 23. The board of managers shall plan for the effective development of the health center for the public benefit and is empowered to cooperate with all agencies of government to accomplish this purpose.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-24
Health center board of managers; inspection of facilities
    
Sec. 24. The board of managers shall regularly inspect all facilities of the health center. In the inspections, the board of managers shall examine the following:
        (1) The sufficiency and performance of the personnel.
        (2) The health, medical care, and nursing care of patients and residents.
        (3) Drug handling and purchasing.
        (4) Mechanical restraint and seclusion.
        (5) Food service and food sanitation.
        (6) Water supply.
        (7) Sanitation and sewage disposal.
        (8) Physical plant and equipment.
        (9) Safety standards as required by federal and state law.
        (10) Community clinical and ancillary services for inpatients and outpatients.
        (11) The handling of mail and assistance warrants of patients and residents.
        (12) Other items that the board of managers considers necessary.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-25
Admissions; nondiscriminatory basis      Sec. 25. The board of managers shall ensure that admissions to the health center are made on a nondiscriminatory basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-26
Health center board of managers; grants, devises, gifts, bequests, and donations
    
Sec. 26. (a) The board of managers shall accept and hold in trust for the health center the following:
        (1) A grant or devise of real property.
        (2) A gift or bequest of money or other property.
        (3) Any other donation.
    (b) The board of managers shall apply the grant, devise, gift, bequest, or donation in accordance with the terms of the grant, devise, gift, bequest, or donation and as the board of managers considers beneficial to the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-27
Tuberculosis defined; contracting for care of afflicted individuals; utilization of hospital division; care for individuals suffering from other chronic diseases
    
Sec. 27. (a) "Tuberculosis", as used in this section, includes other chronic diseases within the limitations set forth in subsection (c), unless the context clearly requires otherwise. However, the money that the state contributes for tuberculosis cases is not available for individuals not afflicted with tuberculosis.
    (b) The board of managers may contract with persons, municipalities, counties, and other agencies for the care and treatment of individuals afflicted with tuberculosis or other chronic diseases.
    (c) The board of managers shall determine, as of January 1 and July 1 of each year, whether the facilities of the hospital division are fully utilized in the case of patients suffering from tuberculosis. If the board of managers finds that:
        (1) the facilities are not being fully utilized in the case of patients suffering from tuberculosis; and
        (2) the demand for care of tuberculosis patients does not warrant the full utilization of the hospital division for that purpose;
the board of managers may authorize the hospital division to furnish nursing care and restorative services to individuals suffering from chronic illness other than tuberculosis, so that the facilities of the hospital division are fully utilized, upon the terms and conditions of admission, treatment, care, and payment that the board of managers prescribes.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-28
Health center budget; approval by county fiscal body      Sec. 28. The budget of a health center established under this chapter is subject to approval of the county fiscal body in the same manner as the budgets of other county offices and departments.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-29
Counties without health center; contracts for services
    
Sec. 29. (a) The board of commissioners of a county that does not have a health center as provided in this chapter may contract for the care and treatment of the county's residents afflicted with tuberculosis and other chronic diseases with a county that has established a health center under this chapter. The board of commissioners of the county seeking care and treatment for the county's residents may contract directly with the health center.
    (b) The county fiscal body of a contracting county shall appropriate out of the county's general fund an amount of money sufficient to meet the terms of the contract, and the money appropriated constitutes a special fund for that purpose. The:
        (1) contracting county may levy a tax in an amount necessary to meet the terms of the contract; or
        (2) commissioners may pay the amount due the health center out of the general fund.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-30
County contracting for health center services; official visitor; appointment; term of office; duties; board of visitors
    
Sec. 30. (a) The board of commissioners of a contracting county shall appoint an official visitor to the health center. The term of office of the official visitor is three (3) years.
    (b) The official visitor, in conjunction with the local board of health, the tuberculosis and respiratory disease agencies of the contracting county, or both, shall do the following:
        (1) Prepare all of the papers and documents necessary for the admission of the patient from the contracting county.
        (2) Inspect and visit the patient in the patient's home and investigate the patient's financial condition.
        (3) Report the facts to the board of commissioners at the time of the presentation of the admission papers for approval.
    (c) The official visitor shall cause to be transported to and from the health center the patients of the contracting county.
    (d) The official visitors appointed by the boards of commissioners of the contracting counties constitute the board of visitors. The members of the board of visitors shall do the following:
        (1) Meet at least annually at the health center.
        (2) Transact the business of their respective counties.
        (3) Report to their respective boards of commissioners.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-31 Tuberculosis and other chronic diseases; application for treatment
    
Sec. 31. (a) A resident of the county in which the health center is situated who desires treatment and care of tuberculosis or other chronic diseases in the health center may apply in person to the health center or to any physician for examination. If found to be suffering from tuberculosis or other chronic disease, the county resident may apply to the administrator of the health center for admission.
    (b) The health center shall provide application forms for the purposes of this section, and the administrator shall forward application forms to a physician in the county upon request. Each application submitted under this section must state facts showing whether the applicant is able to pay, in whole or in part, for the care and treatment the applicant will receive while at the health center.
    (c) If it appears on an application submitted under this section that the applicant is suffering from tuberculosis or other chronic disease and if there is a vacancy in the health center, the administrator shall notify the applicant named in the application to appear in person at the health center. If, upon examination of the applicant, the administrator is satisfied that:
        (1) the applicant is suffering from tuberculosis or other chronic disease; and
        (2) the applicant has made financial arrangements for the applicant's own care and treatment to the extent of the applicant's ability;
the administrator shall admit the applicant to the health center as a patient.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-32
Discrimination because of race, creed, national origin, or ability to pay; prohibition
    
Sec. 32. Discrimination may not be made in accommodation, care, or treatment of any patient at a health center established under this chapter because of race, creed, national origin, or ability to pay.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-33
Financial investigation of patient; support order; liability of patient's estate and relatives; reimbursement from public assistance programs
    
Sec. 33. (a) Whenever a patient has been admitted to a health center from the county in which the health center is situated, the administrator shall cause an inquiry to be made as to the financial circumstances of the patient and of any relatives of the patient who may be legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are able to pay for the patient's care and treatment, in whole or in part, an order shall be made directing the patient or the relative to pay a specified amount per month to the health center for the support of the patient.     (b) The health center may collect the amount from the estate of the patient or from relatives legally liable for the patient's support. If the administrator finds that the patient or the patient's relatives are not able to pay, the administrator may seek reimbursement from the county office, Medicare, Medicaid, private insurance companies, the township trustee as the administrator of township assistance, or the county general fund, depending on the eligibility of the patient for assistance from the county office or program.
As added by P.L.2-1992, SEC.24. Amended by P.L.4-1993, SEC.228; P.L.5-1993, SEC.241; P.L.73-2005, SEC.164.

IC 12-30-7-34
Patients from counties without health centers; treatment for tuberculosis or other chronic diseases; application; examination; charges; financial investigation
    
Sec. 34. (a) An individual who:
        (1) resides in a county where there is no health center; and
        (2) desires treatment in a health center as provided for in this chapter;
may apply for treatment to the county auditor or official visitor of the county, on a form to be provided by the official visitor. An application submitted under this section must be accompanied by a signed certificate stating that the applicant has been examined by a physician and that in the physician's opinion the patient is suffering from tuberculosis or other chronic disease.
    (b) The auditor shall, upon receipt of an application and certificate filed under subsection (a), forward the certificate to the board of commissioners. If the board of commissioners find that the facts contained in the application are true, the board of commissioners shall make a record of the application and forward the application to the health center administrator. If the patient is accepted by the health center, the board of commissioners shall provide transportation for the patient and shall provide for the patient's maintenance in the health center at the rate provided for in the contract.
    (c) Upon receiving an application for the admission of a patient from the board of commissioners of any other county, the administrator of a health center shall request that the patient appear in person for an examination at the health center if:
        (1) it appears from the application that the applicant is suffering from tuberculosis or other chronic disease;
        (2) there is a vacancy in the health center; and
        (3) there is no pending application from a patient residing in the county in which the health center is located.
    (d) If upon examination of the patient by the medical staff of the health center the administrator is satisfied that the patient is suffering from tuberculosis or other chronic disease, the administrator shall admit the patient to the health center.
    (e) A patient admitted under this section is a charge against the board of commissioners of the county sending the patient, at a rate

fixed by the board of commissioners, and the bill shall, when verified, be paid by the auditor of the contracting county.
    (f) The board of commissioners of the contracting county shall cause an investigation to be made into the financial circumstances of the patient and the relatives legally liable for the patient's support and may collect from the relatives, in whole or in part, according to the financial ability of the relatives, the cost of the maintenance of the patient in the health center.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-35
Admissions; voluntary basis
    
Sec. 35. Admission of all health care facility patients and residents in the health center shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-36
Care outside scope of care provided by health center; arrangements
    
Sec. 36. Whenever a patient or resident in the health center requires hospitalization, medical care, nursing care, or other care outside the scope of that provided by the health care facility division, hospital division, or any other division of the health center, arrangements shall be made promptly for furnishing necessary care.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-37
Rehabilitation work; voluntary basis
    
Sec. 37. Participation by patients or residents of the division in work of the health center for rehabilitation purposes shall be on a voluntary basis.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-38
Community life
    
Sec. 38. Effort shall be made to provide community life and opportunities for activities, under the direction of a physician, that are consistent with the mental and physical well-being of the residents or patients.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-39
Amount of charges
    
Sec. 39. The amount to be charged for the care and treatment of patients or residents in a health center established under this chapter shall be an amount sufficient to cover the operating cost of the health center. The board of managers shall set the per diem or room and board rates for each division of the health center and the clinic or ancillary service charges.
As added by P.L.2-1992, SEC.24.
IC 12-30-7-40
Health center board of managers; prosecution and defense of suits
    
Sec. 40. The board of managers may prosecute and defend suits in its own name. A suit may be brought against the board of managers in any court with jurisdiction in the county. A notice or summons concerning a suit against the board of managers shall be served upon the administrator.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-41
Health center board of managers; other powers and duties necessary to administration of chapter
    
Sec. 41. The board of managers has all other rights and powers and shall perform all other duties that are necessary to administer this chapter.
As added by P.L.2-1992, SEC.24.

IC 12-30-7-42
Immunity from personal liability
    
Sec. 42. The:
        (1) members of the board of managers;
        (2) administrator; and
        (3) the officers and employees of the health center;
are not personally liable, except to the county, for an official act done or omitted in connection with the performance of their respective duties under this chapter.
As added by P.L.2-1992, SEC.24.