IC 16-23.5-2
Chapter 2. Medical Center Development Agencies
IC 16-23.5-2-1 Medical center development agency; creation
Sec. 1. The board of commissioners of a county may create a
medical center development agency as a public agency and
instrumentality of the county to be known as the ________ County
Medical Center Development Agency. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-2 Medical center development agency; appointments
Sec. 2. (a) The board of commissioners of the county may appoint
in writing five (5) residents of the county as members of the
executive board of the agency. Original appointments to the
executive board must be made in the following manner:
(1) One (1) member for a term of two (2) years.
(2) Two (2) members for a term of three (3) years.
(3) Two (2) members for a term of four (4) years.
(b) The county council may appoint in writing two (2) residents
of the county as members of the executive board. Original
appointments to the executive board must be made in the following
manner:
(1) One (1) member for a term of two (2) years.
(2) One (1) member for a term of four (4) years.
(c) All persons subsequently appointed serve a term of four (4)
years. A person may be reappointed for a subsequent term or terms.
If a member of the executive board who was appointed by the board
of commissioners dies, resigns, is removed, or ceases to be a resident
of the county, the board of commissioners shall appoint another
qualified person to fill the remainder of the unexpired term. If a
member of the executive board who was appointed by the county
council dies, resigns, is removed, or ceases to be a resident of the
county, the county council shall appoint another qualified person to
fill the remainder of the unexpired term.
(d) Persons appointed to the executive board must be
knowledgeable and interested in the community health and medical
care needs of the county and other areas of concern related to the
development of a county medical center. However, only two (2) of
the five (5) board members who are appointed under subsection (a)
may be medical practitioners, administrators of a medical or health
facility in the county, or on the faculty of a medical institution in the
county.
(e) A member of the executive board may be removed from office
for neglect of duty, incompetence, inability to perform the member's
duties, or any other good cause by an order of the circuit court in the
county in which the agency is located, subject to the following
procedure:
(1) A complaint may be filed by any person against the member
setting forth the charges preferred.
(2) The cause shall be placed on the advanced calendar and
tried as other civil causes are tried by the court without a jury.
(3) If the charges are sustained, the court shall declare the office
and term vacant.
(4) A change of venue from the judge may be granted upon
motion, but a change of venue from the county may not be
taken. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-3 Medical center development agency; executive board; meetings;
bylaws; quorum
Sec. 3. (a) Executive board members originally appointed shall
meet to organize within thirty (30) days after their appointment at a
time and place designated by the board of commissioners. The
executive board may elect from among their number the officers that
are considered necessary for the conduct of business, but including
at a minimum a president and vice president. The terms of office
must be established by rules, regulations, or bylaws.
(b) Executive board members may adopt the bylaws, rules, and
regulations that they consider necessary to carry out the powers and
duties imposed upon the agency by this chapter. The rules,
regulations, and bylaws are public records, and a copy of them must
be available at all reasonable times in the circuit court clerk's office
for inspection by the public.
(c) In addition to the organizational meeting, other regular and
special meetings must be held at the times and with notice that the
executive board fixes. A majority of the members constitutes a
quorum, and the concurrence of a majority of the full membership is
necessary to authorize any action. Board members serve without pay
but are entitled to reimbursement for necessary expenses in amounts
that are approved by the board of commissioners and the county
council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-4 Fiscal officer; powers of county treasurer
Sec. 4. The county treasurer shall act as the fiscal officer for the
agency without additional compensation. The treasurer shall receive
all funds provided for the agency and deposit the funds in a separate
account. The funds shall be paid out on an order of the executive
board by the treasurer after any necessary approvals stipulated in this
chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-5 Contracts; prohibition of pecuniary interest of board members
Sec. 5. An executive board member may not have a pecuniary
interest in any contract, employment, purchase, or sale made under
this chapter. A transaction made in which a member has such an
interest is void, and the member is subject to removal as provided in
this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-6 Executive board powers; actions in compliance with statewide plan
Sec. 6. The executive board must act in accordance with any
statewide plan for medical education directed by the general
assembly. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-7 Executive board powers and duties; generally
Sec. 7. The executive board has the following powers and duties:
(1) To devise a comprehensive plan for the development of a
medical center within the county. The comprehensive plan must
be recommended to and approved by the board of
commissioners and the county council, if applicable, but only
after the plan has been reviewed at one (1) or more public
hearings within the county. The plan shall be developed
through:
(A) consultation with the respective local plan commissions;
(B) surveys of existing public and private medical facilities;
(C) studies of land use plans for the county;
(D) identification of countywide medical or health services
that are deficient and that could be provided by a medical
center;
(E) identification of sources of medical, paramedical, and
other personnel to staff or augment the staff of a medical
center; and
(F) study and identification of any other pertinent factors,
problems, and needs to be resolved within the plan.
(2) To hire or contract with qualified persons to assist the board
in carrying out the executive board's powers and
responsibilities. The executive board may hire a director who
may hire qualified persons or contract with them with the
approval of the executive board. The number of persons hired,
their compensation, and the terms of contracts are subject to
review in advance by the county council, who may alter the
contracts and fix the number of the persons and their
compensation.
(3) To apply for, receive, and expend federal, state, private,
local, or other funds that may be made available for the
purposes of the agency and to meet any conditions that may be
attached to the expenditure of funds, all with the prior approval
of the county council, and subject to all state statutes and
regulations governing them. The county council may
appropriate to the agency the proceeds of a tax levied to fund a
medical center cumulative building fund or equivalent fund
established under statute.
(4) To inform the board of commissioners, county council, and
other interested parties at least once every three (3) months of
the progress of plans for development, construction, or
improvement of medical center facilities.
(5) To make and enter into all contracts and agreements
necessary or incidental to the performance of the duties and
execution of powers provided in this chapter on behalf of the
county, with the approval of the county council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-8 Executive board powers and duties; compliance with
comprehensive plan for development of a medical center
Sec. 8. After approval of and in compliance with the
comprehensive plan for development of a medical center, the
executive board of the agency has the following powers and duties:
(1) To condemn, appropriate, purchase, and hold any real estate
needed or useful in connection with a building or buildings
constructed or to be constructed for the purposes of this chapter,
on behalf of the county, all with the prior approval of the board
of commissioners and the county council.
(2) To design, order, contract for, and have constructed, or to
make all necessary and desirable improvements in, facilities for
use as a medical center, all with the approval of the county
council.
(3) To provide for the equipment of the medical center and any
appurtenant facilities, with the approval of the county council.
(4) To do all things with respect to its assigned responsibilities
and jurisdiction that may additionally be required by the county
council, both before and after adoption of the comprehensive
plan.
(5) To develop annual budgets to be submitted to the county
council for inclusion in the county budget. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-9 Comprehensive plan for development of a medical center;
procedures for adoption or rejection of plan
Sec. 9. (a) The comprehensive plan must be proposed to the board
of commissioners. The board of commissioners may, upon receipt of
the plan, reject the plan or direct its amendment by ordinance or
resolution.
(b) The comprehensive plan may be officially adopted only by
ordinance or resolution of the board of commissioners and approval
by the county council. After official adoption, the agency shall
implement the plan under the general guidance and approval of the
board of commissioners and county council.
(c) Rejection of all or any part of a comprehensive plan by the
board of commissioners is not a final rejection, but the agency may
propose additional comprehensive plans to the board of
commissioners for further action under this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-10 Restriction on powers of the agency
Sec. 10. This chapter does not give the agency the power to levy
taxes or issue bonds or confer upon the agency the status of a
municipal corporation. The agency may act only on behalf of the
county, as approved by the board of commissioners or county council
under this chapter, and is considered to be an administrative
instrumentality of the county. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2
Chapter 2. Medical Center Development Agencies
IC 16-23.5-2-1 Medical center development agency; creation
Sec. 1. The board of commissioners of a county may create a
medical center development agency as a public agency and
instrumentality of the county to be known as the ________ County
Medical Center Development Agency. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-2 Medical center development agency; appointments
Sec. 2. (a) The board of commissioners of the county may appoint
in writing five (5) residents of the county as members of the
executive board of the agency. Original appointments to the
executive board must be made in the following manner:
(1) One (1) member for a term of two (2) years.
(2) Two (2) members for a term of three (3) years.
(3) Two (2) members for a term of four (4) years.
(b) The county council may appoint in writing two (2) residents
of the county as members of the executive board. Original
appointments to the executive board must be made in the following
manner:
(1) One (1) member for a term of two (2) years.
(2) One (1) member for a term of four (4) years.
(c) All persons subsequently appointed serve a term of four (4)
years. A person may be reappointed for a subsequent term or terms.
If a member of the executive board who was appointed by the board
of commissioners dies, resigns, is removed, or ceases to be a resident
of the county, the board of commissioners shall appoint another
qualified person to fill the remainder of the unexpired term. If a
member of the executive board who was appointed by the county
council dies, resigns, is removed, or ceases to be a resident of the
county, the county council shall appoint another qualified person to
fill the remainder of the unexpired term.
(d) Persons appointed to the executive board must be
knowledgeable and interested in the community health and medical
care needs of the county and other areas of concern related to the
development of a county medical center. However, only two (2) of
the five (5) board members who are appointed under subsection (a)
may be medical practitioners, administrators of a medical or health
facility in the county, or on the faculty of a medical institution in the
county.
(e) A member of the executive board may be removed from office
for neglect of duty, incompetence, inability to perform the member's
duties, or any other good cause by an order of the circuit court in the
county in which the agency is located, subject to the following
procedure:
(1) A complaint may be filed by any person against the member
setting forth the charges preferred.
(2) The cause shall be placed on the advanced calendar and
tried as other civil causes are tried by the court without a jury.
(3) If the charges are sustained, the court shall declare the office
and term vacant.
(4) A change of venue from the judge may be granted upon
motion, but a change of venue from the county may not be
taken. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-3 Medical center development agency; executive board; meetings;
bylaws; quorum
Sec. 3. (a) Executive board members originally appointed shall
meet to organize within thirty (30) days after their appointment at a
time and place designated by the board of commissioners. The
executive board may elect from among their number the officers that
are considered necessary for the conduct of business, but including
at a minimum a president and vice president. The terms of office
must be established by rules, regulations, or bylaws.
(b) Executive board members may adopt the bylaws, rules, and
regulations that they consider necessary to carry out the powers and
duties imposed upon the agency by this chapter. The rules,
regulations, and bylaws are public records, and a copy of them must
be available at all reasonable times in the circuit court clerk's office
for inspection by the public.
(c) In addition to the organizational meeting, other regular and
special meetings must be held at the times and with notice that the
executive board fixes. A majority of the members constitutes a
quorum, and the concurrence of a majority of the full membership is
necessary to authorize any action. Board members serve without pay
but are entitled to reimbursement for necessary expenses in amounts
that are approved by the board of commissioners and the county
council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-4 Fiscal officer; powers of county treasurer
Sec. 4. The county treasurer shall act as the fiscal officer for the
agency without additional compensation. The treasurer shall receive
all funds provided for the agency and deposit the funds in a separate
account. The funds shall be paid out on an order of the executive
board by the treasurer after any necessary approvals stipulated in this
chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-5 Contracts; prohibition of pecuniary interest of board members
Sec. 5. An executive board member may not have a pecuniary
interest in any contract, employment, purchase, or sale made under
this chapter. A transaction made in which a member has such an
interest is void, and the member is subject to removal as provided in
this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-6 Executive board powers; actions in compliance with statewide plan
Sec. 6. The executive board must act in accordance with any
statewide plan for medical education directed by the general
assembly. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-7 Executive board powers and duties; generally
Sec. 7. The executive board has the following powers and duties:
(1) To devise a comprehensive plan for the development of a
medical center within the county. The comprehensive plan must
be recommended to and approved by the board of
commissioners and the county council, if applicable, but only
after the plan has been reviewed at one (1) or more public
hearings within the county. The plan shall be developed
through:
(A) consultation with the respective local plan commissions;
(B) surveys of existing public and private medical facilities;
(C) studies of land use plans for the county;
(D) identification of countywide medical or health services
that are deficient and that could be provided by a medical
center;
(E) identification of sources of medical, paramedical, and
other personnel to staff or augment the staff of a medical
center; and
(F) study and identification of any other pertinent factors,
problems, and needs to be resolved within the plan.
(2) To hire or contract with qualified persons to assist the board
in carrying out the executive board's powers and
responsibilities. The executive board may hire a director who
may hire qualified persons or contract with them with the
approval of the executive board. The number of persons hired,
their compensation, and the terms of contracts are subject to
review in advance by the county council, who may alter the
contracts and fix the number of the persons and their
compensation.
(3) To apply for, receive, and expend federal, state, private,
local, or other funds that may be made available for the
purposes of the agency and to meet any conditions that may be
attached to the expenditure of funds, all with the prior approval
of the county council, and subject to all state statutes and
regulations governing them. The county council may
appropriate to the agency the proceeds of a tax levied to fund a
medical center cumulative building fund or equivalent fund
established under statute.
(4) To inform the board of commissioners, county council, and
other interested parties at least once every three (3) months of
the progress of plans for development, construction, or
improvement of medical center facilities.
(5) To make and enter into all contracts and agreements
necessary or incidental to the performance of the duties and
execution of powers provided in this chapter on behalf of the
county, with the approval of the county council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-8 Executive board powers and duties; compliance with
comprehensive plan for development of a medical center
Sec. 8. After approval of and in compliance with the
comprehensive plan for development of a medical center, the
executive board of the agency has the following powers and duties:
(1) To condemn, appropriate, purchase, and hold any real estate
needed or useful in connection with a building or buildings
constructed or to be constructed for the purposes of this chapter,
on behalf of the county, all with the prior approval of the board
of commissioners and the county council.
(2) To design, order, contract for, and have constructed, or to
make all necessary and desirable improvements in, facilities for
use as a medical center, all with the approval of the county
council.
(3) To provide for the equipment of the medical center and any
appurtenant facilities, with the approval of the county council.
(4) To do all things with respect to its assigned responsibilities
and jurisdiction that may additionally be required by the county
council, both before and after adoption of the comprehensive
plan.
(5) To develop annual budgets to be submitted to the county
council for inclusion in the county budget. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-9 Comprehensive plan for development of a medical center;
procedures for adoption or rejection of plan
Sec. 9. (a) The comprehensive plan must be proposed to the board
of commissioners. The board of commissioners may, upon receipt of
the plan, reject the plan or direct its amendment by ordinance or
resolution.
(b) The comprehensive plan may be officially adopted only by
ordinance or resolution of the board of commissioners and approval
by the county council. After official adoption, the agency shall
implement the plan under the general guidance and approval of the
board of commissioners and county council.
(c) Rejection of all or any part of a comprehensive plan by the
board of commissioners is not a final rejection, but the agency may
propose additional comprehensive plans to the board of
commissioners for further action under this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-10 Restriction on powers of the agency
Sec. 10. This chapter does not give the agency the power to levy
taxes or issue bonds or confer upon the agency the status of a
municipal corporation. The agency may act only on behalf of the
county, as approved by the board of commissioners or county council
under this chapter, and is considered to be an administrative
instrumentality of the county. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2
Chapter 2. Medical Center Development Agencies
IC 16-23.5-2-1 Medical center development agency; creation
Sec. 1. The board of commissioners of a county may create a
medical center development agency as a public agency and
instrumentality of the county to be known as the ________ County
Medical Center Development Agency. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-2 Medical center development agency; appointments
Sec. 2. (a) The board of commissioners of the county may appoint
in writing five (5) residents of the county as members of the
executive board of the agency. Original appointments to the
executive board must be made in the following manner:
(1) One (1) member for a term of two (2) years.
(2) Two (2) members for a term of three (3) years.
(3) Two (2) members for a term of four (4) years.
(b) The county council may appoint in writing two (2) residents
of the county as members of the executive board. Original
appointments to the executive board must be made in the following
manner:
(1) One (1) member for a term of two (2) years.
(2) One (1) member for a term of four (4) years.
(c) All persons subsequently appointed serve a term of four (4)
years. A person may be reappointed for a subsequent term or terms.
If a member of the executive board who was appointed by the board
of commissioners dies, resigns, is removed, or ceases to be a resident
of the county, the board of commissioners shall appoint another
qualified person to fill the remainder of the unexpired term. If a
member of the executive board who was appointed by the county
council dies, resigns, is removed, or ceases to be a resident of the
county, the county council shall appoint another qualified person to
fill the remainder of the unexpired term.
(d) Persons appointed to the executive board must be
knowledgeable and interested in the community health and medical
care needs of the county and other areas of concern related to the
development of a county medical center. However, only two (2) of
the five (5) board members who are appointed under subsection (a)
may be medical practitioners, administrators of a medical or health
facility in the county, or on the faculty of a medical institution in the
county.
(e) A member of the executive board may be removed from office
for neglect of duty, incompetence, inability to perform the member's
duties, or any other good cause by an order of the circuit court in the
county in which the agency is located, subject to the following
procedure:
(1) A complaint may be filed by any person against the member
setting forth the charges preferred.
(2) The cause shall be placed on the advanced calendar and
tried as other civil causes are tried by the court without a jury.
(3) If the charges are sustained, the court shall declare the office
and term vacant.
(4) A change of venue from the judge may be granted upon
motion, but a change of venue from the county may not be
taken. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-3 Medical center development agency; executive board; meetings;
bylaws; quorum
Sec. 3. (a) Executive board members originally appointed shall
meet to organize within thirty (30) days after their appointment at a
time and place designated by the board of commissioners. The
executive board may elect from among their number the officers that
are considered necessary for the conduct of business, but including
at a minimum a president and vice president. The terms of office
must be established by rules, regulations, or bylaws.
(b) Executive board members may adopt the bylaws, rules, and
regulations that they consider necessary to carry out the powers and
duties imposed upon the agency by this chapter. The rules,
regulations, and bylaws are public records, and a copy of them must
be available at all reasonable times in the circuit court clerk's office
for inspection by the public.
(c) In addition to the organizational meeting, other regular and
special meetings must be held at the times and with notice that the
executive board fixes. A majority of the members constitutes a
quorum, and the concurrence of a majority of the full membership is
necessary to authorize any action. Board members serve without pay
but are entitled to reimbursement for necessary expenses in amounts
that are approved by the board of commissioners and the county
council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-4 Fiscal officer; powers of county treasurer
Sec. 4. The county treasurer shall act as the fiscal officer for the
agency without additional compensation. The treasurer shall receive
all funds provided for the agency and deposit the funds in a separate
account. The funds shall be paid out on an order of the executive
board by the treasurer after any necessary approvals stipulated in this
chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-5 Contracts; prohibition of pecuniary interest of board members
Sec. 5. An executive board member may not have a pecuniary
interest in any contract, employment, purchase, or sale made under
this chapter. A transaction made in which a member has such an
interest is void, and the member is subject to removal as provided in
this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-6 Executive board powers; actions in compliance with statewide plan
Sec. 6. The executive board must act in accordance with any
statewide plan for medical education directed by the general
assembly. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-7 Executive board powers and duties; generally
Sec. 7. The executive board has the following powers and duties:
(1) To devise a comprehensive plan for the development of a
medical center within the county. The comprehensive plan must
be recommended to and approved by the board of
commissioners and the county council, if applicable, but only
after the plan has been reviewed at one (1) or more public
hearings within the county. The plan shall be developed
through:
(A) consultation with the respective local plan commissions;
(B) surveys of existing public and private medical facilities;
(C) studies of land use plans for the county;
(D) identification of countywide medical or health services
that are deficient and that could be provided by a medical
center;
(E) identification of sources of medical, paramedical, and
other personnel to staff or augment the staff of a medical
center; and
(F) study and identification of any other pertinent factors,
problems, and needs to be resolved within the plan.
(2) To hire or contract with qualified persons to assist the board
in carrying out the executive board's powers and
responsibilities. The executive board may hire a director who
may hire qualified persons or contract with them with the
approval of the executive board. The number of persons hired,
their compensation, and the terms of contracts are subject to
review in advance by the county council, who may alter the
contracts and fix the number of the persons and their
compensation.
(3) To apply for, receive, and expend federal, state, private,
local, or other funds that may be made available for the
purposes of the agency and to meet any conditions that may be
attached to the expenditure of funds, all with the prior approval
of the county council, and subject to all state statutes and
regulations governing them. The county council may
appropriate to the agency the proceeds of a tax levied to fund a
medical center cumulative building fund or equivalent fund
established under statute.
(4) To inform the board of commissioners, county council, and
other interested parties at least once every three (3) months of
the progress of plans for development, construction, or
improvement of medical center facilities.
(5) To make and enter into all contracts and agreements
necessary or incidental to the performance of the duties and
execution of powers provided in this chapter on behalf of the
county, with the approval of the county council. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-8 Executive board powers and duties; compliance with
comprehensive plan for development of a medical center
Sec. 8. After approval of and in compliance with the
comprehensive plan for development of a medical center, the
executive board of the agency has the following powers and duties:
(1) To condemn, appropriate, purchase, and hold any real estate
needed or useful in connection with a building or buildings
constructed or to be constructed for the purposes of this chapter,
on behalf of the county, all with the prior approval of the board
of commissioners and the county council.
(2) To design, order, contract for, and have constructed, or to
make all necessary and desirable improvements in, facilities for
use as a medical center, all with the approval of the county
council.
(3) To provide for the equipment of the medical center and any
appurtenant facilities, with the approval of the county council.
(4) To do all things with respect to its assigned responsibilities
and jurisdiction that may additionally be required by the county
council, both before and after adoption of the comprehensive
plan.
(5) To develop annual budgets to be submitted to the county
council for inclusion in the county budget. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-9 Comprehensive plan for development of a medical center;
procedures for adoption or rejection of plan
Sec. 9. (a) The comprehensive plan must be proposed to the board
of commissioners. The board of commissioners may, upon receipt of
the plan, reject the plan or direct its amendment by ordinance or
resolution.
(b) The comprehensive plan may be officially adopted only by
ordinance or resolution of the board of commissioners and approval
by the county council. After official adoption, the agency shall
implement the plan under the general guidance and approval of the
board of commissioners and county council.
(c) Rejection of all or any part of a comprehensive plan by the
board of commissioners is not a final rejection, but the agency may
propose additional comprehensive plans to the board of
commissioners for further action under this chapter. As added by P.L.2-2007, SEC.191.
IC 16-23.5-2-10 Restriction on powers of the agency
Sec. 10. This chapter does not give the agency the power to levy
taxes or issue bonds or confer upon the agency the status of a
municipal corporation. The agency may act only on behalf of the
county, as approved by the board of commissioners or county council
under this chapter, and is considered to be an administrative
instrumentality of the county. As added by P.L.2-2007, SEC.191.
