CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTHSERVICES
ARTICLE 1 - IN GENERAL
35-2-101. Repealed by Laws 1989, ch. 277, 2.
35-2-102. Repealed by Laws 1989, ch. 277, 2.
35-2-103. Repealed by Laws 1989, ch. 277, 2.
35-2-104. Repealed by Laws 1989, ch. 277, 2.
35-2-105. Repealed by Laws 1989, ch. 277, 2.
35-2-106. Repealed by Laws 1989, ch. 277, 2.
35-2-107. Repealed by Laws 1989, ch. 277, 2.
35-2-108. Repealed by Laws 1989, ch. 277, 2.
35-2-109. Repealed by Laws 1989, ch. 277, 2.
35-2-110. Repealed by Laws 1989, ch. 277, 2.
35-2-111. Repealed by Laws 1989, ch. 277, 2.
35-2-112. Repealed by Laws 1989, ch. 277, 2.
35-2-113. Doctors of medicine, osteopathy, chiropractic, dentistry orpodiatrists may practice in public hospitals.
Anyhospital owned by the state, or any hospital district, county or city thereof,and any hospital whose support, either in whole or in part, is derived frompublic funds, shall be open for practice to doctors of medicine, doctors ofosteopathy, doctors of chiropractic, doctors of dentistry and podiatrists, whoare licensed to practice medicine or surgery, chiropractic, dentistry orpodiatry in this state. Provided, however, that these hospitals by appropriatebylaws shall promulgate reasonable and uniform rules and regulations coveringstaff admissions and staff privileges. Admission shall not be predicated solelyupon the type of degree of the applicant and the governing body shall considerthe competency and character of each applicant.
35-2-114. Liability insurance authorized; effect of procurement.
(a) The governing body of any county memorial hospital,hospital district or other governmental agency which provides health careservices or mental health services within this state may procure any type oramount of liability insurance coverage as it deems prudent to cover any loss byreason of liability for damages on account of injury, sickness or disease,death, property loss or damage. This shall not be construed as creating a liabilityof such county memorial hospital, hospital district or governmental agencyinsuring itself, nor shall the failure to procure any such insurance beconstrued as creating any liability of the county memorial hospital, hospitaldistrict or other governmental agency.
(b) To the extent of any such insurance coverage procured by acounty memorial hospital, hospital district or other governmental agencyproviding health care or mental health services, the defense of governmentalimmunity is expressly waived. All defenses which would be available to aprivate corporation in an action against the corporation are available to thecounty memorial hospital, hospital district or other health care governmentalagency.
(c) None of these provisions shall be construed as waiving theindividual immunity of any employee, board member or officer of a countymemorial hospital, hospital district or other health care governmental agencywhen the person is acting within the scope of his employment or authority.
35-2-115. Emergency services.
(a) Emergency service and care shall be provided, at theregularly established charges of the hospital, to any person requesting suchservices or care, or for whom such services or care is requested, for anycondition in which the person is in danger of loss of life, or serious injuryor illness, at any hospital licensed in the state of Wyoming that maintains andoperates emergency services to the public when such hospital has appropriatefacilities and qualified personnel available to provide such services or care.
(b) Neither the hospital, its employees, nor any physicianlicensed to practice in the state of Wyoming shall be held liable in any actionarising out of a refusal to render emergency services or care at such licensed hospital,if ordinary medical care and skill is exercised in determining the condition ofthe person, and a decision is made that such refusal shall not result in anypermanent illness or injury to such person or a decision is made thatsufficient qualified personnel are not available to treat said person, or adecision is made that facilities or equipment are not available to treat saidperson or in determining the appropriateness of the facilities, thequalifications and availability of personnel to render such services.
ARTICLE 3 - STATE HOSPITAL AND MEDICAL FACILITIES SURVEY ANDCONSTRUCTION
35-2-301. Short title.
Thisact may be cited as the "State Hospital and Medical Facilities Survey andConstruction Act."
35-2-302. Definitions.
(a) As used in this act:
(i) "Commissioner" means the director of the statedepartment of health. The director of the state department of health shall be,ex officio, the commissioner;
(ii) "The federal act" means title VI of the PublicHealth Service Act (42 U.S.C. 291 et seq.) as is nowand as may hereafter be amended;
(iii) "The surgeon general" means the surgeon generalof the public health service of the United States;
(iv) "Hospital" includes public health centers andgeneral, tuberculosis, mental, chronic disease, and other types of hospitals,and related facilities, such as laboratories, outpatient departments, nurses'home and training facilities, and central service facilities operated inconnection with hospitals, but does not include any hospital furnishingprimarily domiciliary care;
(v) "Public health center" means a publicly ownedfacility for the provision of public health services, including relatedfacilities such as laboratories, clinics and administrative offices operated inconnection with public health centers;
(vi) "Nonprofit hospital" means any hospital ormedical facility owned and operated by a corporation or association, no part ofthe net earnings of which inures, or may lawfully inure, to the benefit of anyprivate shareholder or individual;
(vii) "Medical facilities" means diagnostic ordiagnostic and treatment centers, rehabilitation facilities and nursing homesas those terms are defined in the federal act and such other medical facilitiesfor which federal aid may be authorized under the federal act.
35-2-303. Department of health; sole agency for making an inventoryand developing and administering state plan.
(a) The department of health shall constitute the sole agencyof the state for the purpose of:
(i) Making an inventory of existing hospitals and medicalfacilities, surveying the need for construction of hospitals and medicalfacilities, and developing a program of hospital construction as provided inW.S. 35-2-320 through 35-2-322; and
(ii) Developing and administering a state plan for theconstruction of public and other nonprofit hospitals and medical facilities asprovided in W.S. 35-2-340 through 35-2-345.
35-2-304. Powers and duties of commissioner enumerated.
(a) In carrying out the purposes of the act, the commissioneris authorized and directed:
(i) To require such reports, make such inspections andinvestigations and prescribe such regulations as he deems necessary;
(ii) To provide such methods of administration, appointpersonnel and take such other action as may be necessary to comply with therequirements of the federal act and the regulations thereunder;
(iii) To procure the temporary or intermittent services ofexperts or consultants or organizations thereof, by contract, when suchservices are to be performed on a part-time or fee-for-service basis and do notinvolve the performance of administrative duties;
(iv) To the extent that he considers desirable to effectuate thepurposes of this act, to enter into agreements for the utilization of thefacilities and services of other departments, agencies, and institutions,public or private;
(v) To accept on behalf of the state and to deposit with thestate treasurer any grant, gift or contribution made to assist in meeting thecost of carrying out the purposes of this act, and to expend the same for suchpurposes;
(vi) As required by W.S. 9-2-1014, to report to the governorconcerning activities and expenditures and recommendations for such additionallegislation as the commissioner considers appropriate to furnish adequatehospital, clinic, and similar facilities to the people of this state.
35-2-305. Repealed by Laws 1979, ch. 155, 3.
35-2-306. Disbursement of funds.
Allclaims against funds made available for the administration of this act shall besubmitted, audited, allowed and paid in the same manner as other claims againstthe state and in addition thereto shall be approved by the commissioner.
35-2-320. Duties of commissioner.
Thecommissioner is authorized and directed to make an inventory of existinghospitals and medical facilities, including public, nonprofit and proprietaryhospitals and medical facilities, to survey the need for construction ofhospitals and medical facilities, and, on the basis of such inventory andsurvey, to develop a program for the construction of such public and othernonprofit hospitals and medical facilities as will, in conjunction withexisting facilities, afford the necessary physical facilities for furnishingadequate hospital, medical facility and similar services to all the people ofthe state.
35-2-321. Construction program.
Theconstruction program shall provide, in accordance with regulations prescribedunder the federal act, for adequate hospital facilities for the people residingin this state and insofar as possible shall provide for their distributionthroughout the state in such manner as to make all types of hospital andmedical facility services reasonably accessible to all persons in the state.
35-2-322. Application for and use of federal funds.
Thecommissioner is authorized to make application to the surgeon general forfederal funds to assist in carrying out the survey and planning activitiesherein provided. Such funds shall be deposited in the state treasury and shallbe available for expenditure for carrying out the purposes of W.S. 35-2-320through 35-2-322. Any such funds received and not expended for such purposesshall be repaid to the treasury of the United States.
35-2-340. Preparation and submission to surgeon general; notice andhearing prerequisite to submission; publication upon approval; subsequentmodifications.
Thecommissioner shall prepare and submit to the surgeon general a state plan whichshall include the hospital and medical facilities construction program developedunder W.S. 35-2-320 through 35-2-322 and which shall provide for theestablishment, administration, and operation of the hospital and medicalfacilities construction activities in accordance with the requirements of thefederal act and regulations thereunder. The commissioner shall, prior to thesubmission of such plan to the surgeon general, give adequate publicity to ageneral description of all the provisions proposed to be included therein, andhold a public hearing at which all persons or organizations with a legitimateinterest in such plan may be given an opportunity to express their views. Afterapproval of the plan by the surgeon general, the commissioner shall publish ageneral description of the provisions thereof in at least one (1) newspaperhaving general circulation in each county in the state, and shall make theplan, or a copy thereof, available upon request to all interested persons ororganizations. The commissioner shall from time to time review the hospital andmedical facilities construction program and submit to the surgeon general anymodifications thereof which he may find necessary and may submit to the surgeongeneral such modifications of the state plan, not inconsistent with therequirements of the federal act, as he may deem advisable.
35-2-341. Minimum standards of maintenance.
Thecommissioner shall by regulation prescribe minimum standards for themaintenance and operation of hospitals and medical facilities which receivefederal aid for construction under the state plan.
35-2-342. Relative need for projects to be set forth.
Thestate plan shall set forth the relative need for the several projects includedin the construction program determined in accordance with regulationsprescribed pursuant to the federal act, and provide for the construction,insofar as financial resources available therefor and for maintenance andoperation make possible, in the order of such relative need.
35-2-343. Applications for construction projects; conformity tofederal and state requirements required.
Applicationsfor hospital and medical facility construction projects for which federal fundsare requested shall be submitted to the commissioner and may be submitted bythe state or any political subdivision thereof or by any public or nonprofitagency authorized to construct and operate a hospital or a medical facility.Each application for a construction project shall conform to federal and staterequirements.
35-2-344. Hearing and approval of applications for construction.
Thecommissioner shall afford to every applicant for a construction project anopportunity for a fair hearing. If the commissioner, after affording reasonableopportunity for development and presentation of applications in the order ofrelative need, finds that a project application complies with the requirementsof W.S. 35-2-343 and is otherwise in conformity with the state plan, he shallapprove such application and shall recommend and forward it to the surgeongeneral.
35-2-345. Inspection of construction projects; payment of installmentof federal funds.
Fromtime to time the commissioner shall inspect each construction project approvedby the surgeon general, and, if the inspection so warrants, the commissionershall certify to the surgeon general that work has been performed upon theproject, or purchases have been made, in accordance with the approved plans andspecifications, and that payment of an installment of federal funds is due tothe applicant.
ARTICLE 4 - HOSPITAL DISTRICTS
35-2-401. Establishment of hospital district.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) Repealed by Laws 1998, ch. 115, 5.
(c) Repealed by Laws 1998, ch. 115, 5.
(d) A special hospital district may be established andsubsequent elections held under the procedures for petitioning, hearing andelection of special districts as set forth in the Special District ElectionsAct of 1994.
35-2-402. Repealed by Laws 1998, ch. 115, 5.
35-2-403. Body corporate; name and style; powers generally; rules andregulations of trustees; definitions of certain terms.
(a) Each district is a body corporate, the name of which shallbe selected by the board of county commissioners of the county in which thegreater area of land within the district is located and which shall be enteredupon the commissioner's records. In the name selected, the district may holdproperty and be a party to contracts, shall have power to sue and be sued,shall be empowered through its governing board to acquire real and personalproperty and equipment for hospital purposes by gift, devise, bequest orpurchase, and enter into contracts for the acquisition by purchase or lease ofreal and personal property and equipment and convey, lease and otherwisedispose of its property for the hospital. The trustees may make rules andregulations necessary for the purposes of the hospital district and shall filethem with the county clerk for each county in which the district is located,and establish sinking funds for hospital purposes as well as issue bonds forthe purchase of real property and improvements and equipment for hospitalpurposes in the manner hereinafter provided.
(b) As used in this act:
(i) "Hospital" and "hospital purposes"means any institution, place, building or agency in which any accommodation ismaintained, furnished or offered for the hospitalization of the sick or injuredor care of any person requiring or receiving chronic or convalescent care, andincludes public health centers, community mental health centers and other typesof hospitals and centers, including but not limited to general, tuberculosis,mental and chronic disease hospitals, and also medical facilities, and relatedfacilities;
(ii) "Medical facilities" includes but is not limitedto diagnostic or treatment centers, rehabilitation facilities and nursinghomes, as those terms are defined in the Federal Act Public Law 482, 83congress, July 12, 1954 (C. 471, Sec. 4 (c)-(f), 68 Stat. 465-466), as amended;
(iii) "Related facilities" means but is not limited tolaboratories, outpatient departments, nurses' homes and nurses' trainingfacilities and central service facilities operated in connection withhospitals.
(c) In addition to subsection (a) of this section, eachdistrict may engage in activities authorized under W.S. 18-8-301 subject torequirements and conditions specified therein.
(d) Subject to constitutional limitations, in addition to anyother securities the legislature authorizes or has authorized by law forinvestment, any funds of the district may be invested by the board in anysecurity which has been recommended by an investment advisor registered underthe Uniform Investment Advisor's Act of 1940 as amended, or any bank exercisingits trust powers, and approved by the district board. In approving securitiesfor the investment under this subsection, the board shall be subject to and actin accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the useof any revenues generated from taxes to engage in any activity authorized underW.S. 18-8-301(a).
35-2-404. Procedure for initial election of trustees; number, term oftrustees; qualifications; disposition of ballots and affidavits.
(a) An election of trustees shall be held in accordance withthe Special District Elections Act of 1994 at the same time as the election forthe formation of the district. At the election a board of five (5) trusteesshall be elected who shall serve without compensation to govern the affairs ofthe district. There shall be elected three (3) members to serve until the nextsucceeding district election and two (2) members to serve until the secondsucceeding district election and until their successors are elected andqualified. Thereafter, members shall be elected for terms of four (4) years.The board of trustees shall, prior to the publication of notice required underW.S. 22-29-112(c), determine whether the board of trustees should beestablished at five (5) members or seven (7) members. If the board determinesthat the number of trustees should be expanded it may appoint the additionalmembers in accordance with W.S. 22-29-202 until the next subsequent trusteeelection. The next subsequent trustee election shall reflect any modificationmade. If a board of trustees fails to establish the number of trustees to beelected, the board shall be established at five (5) members. No current termof any trustee shall be affected by any modification made under thissubsection. Subsequent elections shall be held in accordance with the SpecialDistrict Elections Act of 1994.
(b) Excluding employees of the district, any qualified electorresident in a hospital district is eligible to hold the office of hospitaldistrict trustee in the hospital district.
(c) After the official certificate of election has beenprepared, ballots and affidavits shall be sealed in envelopes and retained bythe appropriate board for six (6) months or until termination of any electioncontest affected by the ballots or affidavits and shall then be destroyed.Prior to destruction, the envelope shall be opened only on court order.
35-2-405. Repealed by Laws 1980, ch. 19, 3.
35-2-406. Repealed by Laws 1980, ch. 19, 3.
35-2-407. Repealed by Laws 1980, ch. 19, 3.
35-2-408. Repealed by Laws 1980, ch. 19, 3.
35-2-409. Repealed by Laws 1980, ch. 19, 3.
35-2-410. Repealed by Laws 1980, ch. 19, 3.
35-2-411. Repealed by Laws 1980, ch. 19, 3.
35-2-412. Repealed by Laws 1998, ch. 115, 5.
35-2-413. Repealed by Laws 1998, ch. 115, 5.
35-2-414. Administration of finances; assessment and levy of tax.
(a) The board of trustees of special hospital districts shalladminister the finances of such districts according to the provisions of theWyoming Municipal Budget Act. The assessor shall at the time of making theannual assessment of his district also assess the property of each specialhospital district in his county and return to the county assessor at the timeof returning the assessment schedules, separate schedules listing the propertyof each such district assessed by him. Said separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.
(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each suchdistrict, but in no case shall the tax for such district exceed in any one (1)year the amount of three (3) mills for operation on each dollar of assessedvaluation of such property except as provided by subsection (c) of thissection. There shall be no limit on the assessment for the payment of principaland interest on bonds approved by the board of county commissioners andapproved by the electors of the district as provided in W.S. 35-2-415. Thetaxes and assessments of all special hospital districts shall be collected bythe county collector at the same time and in the same manner as state andcounty taxes are collected, provided, however, said assessment and tax leviedunder the provisions of this act shall not be construed as being a part of thegeneral county mill levy.
(c) Notwithstanding subsection (b) of this section, if theboard of trustees votes to increase the mill levy beyond three (3) mills asauthorized by subsection (b) of this section, the board of county commissionersshall call an election within the district upon the question of whether themill levy should be increased beyond three (3) mills. The election shall becalled, conducted and canvassed as provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the firstdate authorized under W.S. 22-21-103 which is not less than sixty (60) daysafter the trustees vote to increase the mill levy beyond three (3) mills. In noevent shall the tax in a district exceed in any one (1) year the amount of six(6) mills for operation and maintenance on each dollar of assessed valuation ofproperty. The increase in mill levy is effective only if the question isapproved by a majority of those voting thereon within the hospital district.The cost of any special election under this subsection shall be borne by theboard of trustees.
(d) If the proposition to authorize a mill levy is approved,the same proposition or a proposition to impose a mill levy in a differentamount, not to exceed three (3) mills, shall be submitted to the voters, untildefeated, at the second general election following the election at which theproposition was initially approved and at the general election held every four(4) years thereafter. If the proposition to impose or continue the tax isdefeated, the proposition shall not again be submitted to the electors for atleast twenty-three (23) months.
35-2-415. General obligation coupon bonds; requirements as to issuancegenerally; submission of question to electors.
Theboard of trustees of a hospital district may upon approval of the board ofcounty commissioners submit to the electors of the district the questionwhether the board shall be authorized to issue the general obligation couponbonds of the district in a certain amount, not to exceed five percent (5%) ofthe assessed value of the taxable property in the district, and bearing acertain rate of interest, payable and redeemable at a certain time, notexceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for hospitalpurposes.
35-2-416. General obligation coupon bonds; conduct and results ofelection.
Theelection authorized under W.S. 35-2-415 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
35-2-417. General obligation coupon bonds; issuance, form, notice,value, rejection of bids, and private sale.
Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of theirdelivery. And the said trustees are authorized to reject any bids, and to sellsaid bonds at private sale, if they deem it for the best interests of thedistrict.
35-2-418. General obligation coupon bonds; preparation and execution;register to be kept.
Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which said district's funds are kept, and the coupons attached to thebonds must be signed by the said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.
35-2-419. General obligation coupon bonds; payment guaranteed.
Thefull faith and credit of each hospital district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.
35-2-420. General obligation coupon bonds; payment of interest andprincipal.
Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.
35-2-421. General obligation coupon bonds; validity.
Allhospital districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing hospital districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for hospital purposes, by any hospital districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, Session Laws of Wyoming, 1951, wherethe purchase money for such bonds has been actually received and retained forthe purpose for which such bonds were sold, are hereby declared to be the validand legally binding obligations of such district and all proceedings underwhich such bonds were issued are approved, ratified and declared valid.
35-2-422. Additional area within district; annexation; method.
(a) Whenever a hospital district has been established asprovided by law, it may be enlarged by annexation of additional, contiguousterritory within the county.
(b) Whenever a petition, signed by twenty-five percent (25%) ofthe registered electors residing within the area to be annexed in the countywhich is not part of an established hospital district in the county, ispresented to the board of county commissioners of the county, the countycommissioners shall within five (5) days request the board of trustees of theestablished hospital district either to approve or reject the petition.
(c) The board of trustees of the hospital district shall actupon the request within thirty (30) days. If no action is taken within thattime, the petition is deemed rejected by the trustees. If the petition isaccepted by the trustees, the board of county commissioners shall call anelection within the county upon the question of whether the area described bythe petition shall be annexed to the existing hospital district. The electionshall be called for the next election date authorized under W.S. 22-21-103which is not less than sixty (60) days after the petition is accepted and beconducted in accordance with the procedure for bond elections as provided bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.The annexation is effective only if the question is approved by a majority ofthose voting thereon both within the existing hospital district and within thearea described by the petition. The board of county commissioners shall byresolution declare the district expanded by the additional area and shalldesignate a name for the expanded hospital district.
(d) After the resolution declaring the existence of theexpanded hospital district, the board of county commissioners shall call anelection for the purpose of election of trustees of the hospital district asexpanded. The board of trustees of the hospital district shall be qualifiedelectors of the entire district so expanded. The election shall be called for adate determined by the board of county commissioners and shall be held in themanner provided by law for the first election of trustees of the original district.Trustees of the original district shall remain in office until the trustees ofthe expanded district are elected and qualified.
35-2-423. Restriction on maintenance of hospitals in cities and towns.
Nocity or town which is within the boundaries of a special hospital districtorganized under W.S. 35-2-401 through 35-2-436 shall construct or operate ahospital more than one (1) year after the formation of the hospital district. Nothing in this section prohibits a city or town from contributing to thesupport of a hospital district.
35-2-424. Securities for acquiring and improving hospitals and relatedfacilities; issuance authorized; lines of credit and tax and revenueanticipation notes.
(a) The trustees of a hospital district established pursuant toW.S. 35-2-401, are hereby authorized to issue revenue bonds, notes and warrantsor other revenue securities, hereinafter referred to as securities, for thepurpose of acquiring, erecting, constructing, reconstructing, improving,remodeling, furnishing and equipping hospitals and related facilities, andacquiring a site or sites therefor, from time to time hereafter as the trusteesmay determine.
(b) If there are no monies available to the trustees of ahospital district before receipt of property taxes the trustees may issuewarrants in anticipation of the receipt of property taxes for payment ofoperational expenses. The aggregate amount of the warrants shall not exceed thetotal amount of taxes levied. The warrants shall be payable solely from thecollected taxes.
(c) The trustees of a hospital district may obtain financingfor its operations by entering into agreements for lines of credit with anyfinancial institution as defined in W.S. 13-1-101(a)(ix). The line of creditmay either be unsecured, or secured by a pledge of revenues anticipated to bereceived during the current fiscal year.
(d) In addition to its authority to issue warrants under thissection, the trustees of a hospital district may issue tax and revenueanticipation notes in amounts not to exceed eighty percent (80%) of the totalamount of taxes levied for operation of the district for the fiscal year duringwhich the notes are issued when the board determines that insufficient fundsare available to meet the obligations of the hospital during any fiscal year. Ahospital district shall not enter into agreements or issue instruments of thetype allowed by this section for any fiscal year until all debts financed bysuch agreements or instruments for any prior fiscal year have been paid infull. Tax and revenue anticipation notes issued under this subsection aresubject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 forstate tax and revenue anticipation notes, except:
(i) The authority of the state treasurer referenced in W.S.9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes;and
(ii) Notwithstanding W.S. 9-4-1105(a), investments of theproceeds of the notes by the board are limited to those investments authorizedunder W.S. 9-4-831.
35-2-425. Securities for acquiring hospitals and related facilities;requirements generally.
(a) Except as otherwise provided, securities issued hereundershall be authorized by resolution adopted by the trustees, shall bear date ordates, shall be in a denomination or denominations, shall mature at a time ortimes but in no event exceeding fifty (50) years from their date, shall be soldat public or private sale, and the securities and coupons shall be payable in amedium of payment at a banking institution or other place or places within orwithout the state, as determined by the trustees, may be made subject to priorredemption in advance of maturity in order or by lot or otherwise at a time ortimes without or with the payment of a premium or premiums not exceeding tenpercent (10%) of the principal amount of the security so redeemed, asdetermined by the trustees. The resolution may provide for the accumulation ofnet revenue for a reserve fund and shall contain other or further covenants andagreements as may be determined by the governing board for the protection ofbondholders.
(b) Any resolution authorizing the issuance of securities orother instruments appertaining thereto may provide for the capitalizing ofinterest on any securities during any period of construction estimated by thetrustees and one (1) year thereafter and any other cost of any project hereinauthorized, by providing for the payment of the amount capitalized from theproceeds of the securities.
(c) Securities may be issued with privileges for conversion orregistration, or both, for payment as to principal or interest, or both.
(d) Any resolution authorizing the issuance of securities, orany other instrument appertaining thereto may provide for their reissuance inother denominations in negotiable or nonnegotiable form and otherwise in suchmanner and form as the trustees may determine.
(e) Any resolution authorizing, or other instrumentappertaining to, any securities hereunder may provide that each security thereinauthorized shall recite that it is issued under authority hereof. Such recitalshall conclusively impart full compliance with all of the provisions hereof,and all securities issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.
(f) Subject to the payment provisions herein specificallyprovided, any securities, any interest coupons thereto attached, shall be fullynegotiable within the meaning of and for all the purposes of the Uniform CommercialCode, except as the trustees may otherwise provide, and each holder of suchsecurity, or of any coupons appertaining thereto, by accepting such security orcoupon shall be conclusively deemed to have agreed that such security or coupon(except as otherwise provided) is and shall be fully negotiable within themeaning and for all purposes of said Uniform Commercial Code.
(g) Notwithstanding any other provision of law, the trustees inany proceedings authorizing securities hereunder:
(i) May provide for the initial issuance of one (1) or moresecurities aggregating the amount of the entire issue or any part thereof;
(ii) May make such provisions for installment payments of theprincipal amount of any such security as it may consider desirable;
(iii) May provide for the making of any such security payable tobearer or otherwise, registrable as to principal or as to both principal andinterest, and where interest accruing thereon is not represented by interestcoupons, for the endorsing of payment of interest on such securities.
(h) Except for any securities which are registrable for paymentof interest, interest coupons payable to bearer and appertaining to thesecurities shall be issued and shall bear the original or facsimile signatureof the president of the trustees.
(j) Any securities herein authorized may be executed asprovided by W.S. 16-2-101 through 16-2-103.
(k) The securities and any coupons bearing the signature of theofficers in office at the time of the signing thereof, shall be valid andbinding obligations of the trustees, notwithstanding that before the deliverythereof and payment therefor, any or all of the persons whose signatures appearthereon shall have ceased to fill their respective offices.
35-2-426. Securities for acquiring hospitals and related facilities;not a general obligation of hospital district or trustees; payable from specialfund.
Thesecurities to be issued hereunder shall not constitute a general obligation ofthe hospital district, nor of the trustees, but shall be payable solely from aspecial fund to contain the net revenue to be derived from the operation of thehospitals and related facilities, such revenues being defined as thoseremaining after paying the costs of operating and maintaining said facilities.
35-2-427. Securities for acquiring hospitals and related facilities;issuance from time to time in one or more series.
Thesecurities authorized hereby may be issued from time to time and in one (1) ormore series as the trustees may determine.
35-2-428. Securities for acquiring hospitals and related facilities;obligation of trustees to holders; suit for default, misuse of funds.
Theobligation of the trustees to the holders of the securities shall be limited toapplying the funds, as set forth above, to the payment of interest andprincipal on said securities, and the securities shall contain a provision tothat effect. In the event of default in the payment of said securities or theinterest thereon, and in the event that the trustees are misusing such funds ornot using them as provided by this act and the resolution authorizing thesecurities, or in the event of any other breach of any protective covenant orother contractual limitation, then such holders, or any of them, may bring suitagainst the trustees in the district court of the county in which the hospitalor any of its related facilities are located for the purpose of restraining thetrustees from using such funds for any purpose other than the payment of theprincipal and interest on such securities in the manner provided, or for anyother appropriate remedy.
35-2-429. Construction to be done by contract based on competitivebidding; alternate delivery methods.
(a) Except as provided under subsection (b) of this section andotherwise, the work of constructing the various buildings shall be done bycontract based on competitive bidding. Notice of call for bids shall be forsuch period of time and in such manner as the trustees may determine, and thetrustees shall have the power to reject any and all bids and readvertise forbids as they consider proper.
(b) Any hospital district may contract for design andconstruction services through an alternate delivery method as defined in W.S.16-6-701.
35-2-430. Board may insure facilities.
Theboard may insure said facilities against public liability, property damage orloss of revenues from any cause.
35-2-431. Investment in securities.
Securitiesissued pursuant to this act shall be eligible for investment by bankinginstitutions and for estate, trust, and fiduciary funds, and such securitiesand the interest thereon shall be exempt from taxation by this state and anysubdivision thereof. The state treasurer of the state of Wyoming with theapproval of the governor and the attorney general is hereby authorized toinvest any permanent state funds available for investment in the securities tobe issued hereunder.
35-2-432. Refunding securities.
(a) Any securities of the board of a hospital district issuedhereunder or pursuant to any other act and payable from any pledged revenuesmay be refunded by the board by the adoption of a resolution or resolutions bythe board authorizing the issuance of securities at public or private sale:
(i) To refund, pay, and discharge all or any part of suchoutstanding securities of any one (1) or more or all outstanding issues,including any interest thereon in arrears, or about to become due for anyperiod not exceeding three (3) years from the date of the refunding securities;or
(ii) For the purpose of reducing interest costs or effectingother economies; or
(iii) For the purpose of modifying or eliminating restrictivecontractual limitations appertaining to the issuance of additional bonds,otherwise concerning the outstanding securities, or to any facilitiesappertaining thereto; or
(iv) For the purpose of avoiding or terminating any default; or
(v) For any combination thereof.
(b) Nothing contained in this act nor in any other law of thisstate shall be construed to permit the board to call securities now orhereafter outstanding for prior redemption in order to refund such securitiesor in order to pay them prior to their stated maturities, unless the right tocall such securities for prior redemption was specifically reserved and statedin such securities at the time of their issuance.
(c) Except as provided in this section, refunding securitiesshall be subject to the same rights, liabilities, conditions and covenants asare provided for the securities contained in this act.
35-2-433. Powers and responsibility of board of trustees.
Theboard of trustees have plenary powers and responsibility for the acquisition,construction, and completion of all projects authorized by the resolution toissue revenue securities or refunding securities.
35-2-434. Board may accept grants.
Theboard may accept grants of money or materials or property of any kind from thefederal government, the state, any agency or political subdivision thereof, orany person, upon such terms and conditions as the federal government, thestate, or such agency or political subdivision, or person may impose.
35-2-435. Charges and rentals.
Theboard shall establish and collect charges for services and rentals for use offacilities furnished, acquired, constructed, or purchased from the proceeds ofsuch securities, sufficient to pay the principal or the interest, or both, onthe securities as they become due and payable, together with such additionalsums as may be deemed necessary for accumulating reserves and providing forobsolescence and depreciation and to pay the expenses of operating andmaintaining such facilities. The board shall establish all other charges, fees,and rates to be derived from the operation of the hospital or any otherfacility of the hospital district.
35-2-436. Liberal construction.
Thisact being necessary to secure the public health, safety, convenience andwelfare, shall be liberally construed to effect its purposes.
35-2-437. Trustee districts by rule; requirements.
Whenthe assessed valuation of the property within a hospital district exceeds threemillion dollars ($3,000,000.00), the board of trustees for that hospitaldistrict may divide the district into no more than three (3) trustee districtsand provide for the election of at least one (1) trustee from each trusteedistrict. To become effective, the rule creating trustee districts shall beapproved by order of the board of county commissioners of the county in whichthe greater area of property within the district is located. All trustees shallbe residents or property owners of the trustee district from which elected. Theboard of trustees may provide for the trustees to be elected at-large if thesetrustees are residents of the hospital district.
35-2-438. Dissolution.
(a) Subject to the requirements of this section, the trusteesof a hospital district may vote to dissolve and terminate the district. Theplan to dissolve and terminate the district shall provide for the following:
(i) Payment of all bonded and other indebtedness against thedistrict;
(ii) Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital orhealth care facility which provides services to the residents of the hospitaldistrict upon such conditions as agreed to by the nonprofit or governmentalhospital or health care facility, or conveyed to the county to be used solelyfor health care purposes by the county.
(b) Before any plan to dissolve and terminate a hospitaldistrict is effective, the plan shall be approved by a majority of thequalified electors of the hospital district who vote on the question. The voteon the question may be submitted to the qualified electors at an electionfollowing the provisions of W.S. 22-29-404 as applicable. The question to bepresented to the qualified electors is: "Shall Hospital District .... bedissolved in accordance with the plan of dissolution approved by the board oftrustees?"
Yes No
(c) If the qualified electors of the district approve thedissolution and termination plan, the board of trustees are empowered to takeall action necessary to effectuate the plan and dissolve and terminate thehospital district.
ARTICLE 5 - WYOMING SANITARIUM
35-2-501. Repealed by Laws 1982, ch. 62, 4.
35-2-502. Repealed by Laws 1982, ch. 62, 4.
35-2-503. Repealed by Laws 1982, ch. 62, 4.
ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION
35-2-601. Repealed by Laws 1991, ch. 194, 2.
35-2-602. Repealed by Laws 1991, ch. 194, 2.
35-2-603. Repealed by Laws 1991, ch. 194, 2.
35-2-604. Repealed by Laws 1991, ch. 194, 2.
35-2-605. Definitions.
(a) As used in this act, unless the context otherwise requires:
(i) "Audit" means an assessment, evaluation,determination or investigation of a hospital or a health care provider by aperson not employed by or affiliated with the provider to determine compliancewith:
(A) Statutory, regulatory, fiscal, medical or scientificstandards;
(B) A private or public program of payments to a hospital orhealth care provider; or
(C) Requirements for licensing, accreditation or certification.
(ii) "Data" means all reports, notes, findings,opinions or records of any hospital medical staff committee, including itsconsultants, advisors and assistants;
(iii) "Directory information" means informationdisclosing the presence and the general health condition of a particularpatient who is an inpatient in a hospital or who is currently receiving emergencyhealth care in a hospital;
(iv) "General health condition" means the patient'shealth status described in terms of "critical," "poor,""fair," "good," "excellent" or terms denotingsimilar conditions;
(v) "Health care" means any care, service orprocedure provided in a hospital licensed under the laws of this state:
(A) To diagnose, treat or maintain a patient's physical ormental condition; or
(B) That affects the structure or any function of the humanbody.
(vi) "Health care facility" means a hospital, clinicor nursing home where a health care provider provides health care to patients;
(vii) "Health care information" means any information,whether oral or recorded in any form or medium, that identifies or can readilybe associated with the identity of a patient and relates to the patient'shealth care, and includes any record of disclosures of that information;
(viii) "Health care provider" means a person who islicensed, certified or otherwise authorized by the law of this state to providehealth care in the ordinary course of business or practice of a profession, butdoes not include a person who provides health care solely through the sale ordispensing of drugs or medical devices;
(ix) "Hospital" means establishments with organizedmedical staffs, with permanent facilities that include inpatient beds, and withmedical services, including physician services and continuous nursing services,to provide diagnosis, treatment and continuity of care for patients;
(x) "Hospital medical staff committee" means anycommittee within a hospital, consisting of medical staff members or hospitalpersonnel, which is engaged in supervision, discipline, admission, privilegesor control of members of the hospital's medical staff, evaluation and review ofmedical care, utilization of the hospital facilities or professional training;
(xi) "Institutional review board" means any board,committee or other group formally designated by an institution, or authorizedunder federal or state law, to review, approve the initiation of, or conductperiodic review of research programs to assure the protection of the rights andwelfare of human research subjects;
(xii) "Maintain," as related to health careinformation, means to hold, possess, preserve, retain, store or control thatinformation;
(xiii) "Patient" means an individual who receives or hasreceived health care and includes a deceased individual who has received healthcare;
(xiv) "This act" means W.S. 35-2-605 through 35-2-617.
35-2-606. Disclosure of health care information by hospital.
(a) Except as authorized in W.S. 35-2-609, a hospital or anagent or employee of a hospital shall not disclose any hospital health careinformation about a patient to any other person without the patient's writtenauthorization. A disclosure made under a patient's written authorization shallconform to the terms of that authorization.
(b) A hospital shall maintain, in conjunction with a patient'srecorded health care information, a record of each person who has received orexamined, in whole or in part, the recorded health care information during thenext preceding three (3) years, except for a perso
CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTHSERVICES
ARTICLE 1 - IN GENERAL
35-2-101. Repealed by Laws 1989, ch. 277, 2.
35-2-102. Repealed by Laws 1989, ch. 277, 2.
35-2-103. Repealed by Laws 1989, ch. 277, 2.
35-2-104. Repealed by Laws 1989, ch. 277, 2.
35-2-105. Repealed by Laws 1989, ch. 277, 2.
35-2-106. Repealed by Laws 1989, ch. 277, 2.
35-2-107. Repealed by Laws 1989, ch. 277, 2.
35-2-108. Repealed by Laws 1989, ch. 277, 2.
35-2-109. Repealed by Laws 1989, ch. 277, 2.
35-2-110. Repealed by Laws 1989, ch. 277, 2.
35-2-111. Repealed by Laws 1989, ch. 277, 2.
35-2-112. Repealed by Laws 1989, ch. 277, 2.
35-2-113. Doctors of medicine, osteopathy, chiropractic, dentistry orpodiatrists may practice in public hospitals.
Anyhospital owned by the state, or any hospital district, county or city thereof,and any hospital whose support, either in whole or in part, is derived frompublic funds, shall be open for practice to doctors of medicine, doctors ofosteopathy, doctors of chiropractic, doctors of dentistry and podiatrists, whoare licensed to practice medicine or surgery, chiropractic, dentistry orpodiatry in this state. Provided, however, that these hospitals by appropriatebylaws shall promulgate reasonable and uniform rules and regulations coveringstaff admissions and staff privileges. Admission shall not be predicated solelyupon the type of degree of the applicant and the governing body shall considerthe competency and character of each applicant.
35-2-114. Liability insurance authorized; effect of procurement.
(a) The governing body of any county memorial hospital,hospital district or other governmental agency which provides health careservices or mental health services within this state may procure any type oramount of liability insurance coverage as it deems prudent to cover any loss byreason of liability for damages on account of injury, sickness or disease,death, property loss or damage. This shall not be construed as creating a liabilityof such county memorial hospital, hospital district or governmental agencyinsuring itself, nor shall the failure to procure any such insurance beconstrued as creating any liability of the county memorial hospital, hospitaldistrict or other governmental agency.
(b) To the extent of any such insurance coverage procured by acounty memorial hospital, hospital district or other governmental agencyproviding health care or mental health services, the defense of governmentalimmunity is expressly waived. All defenses which would be available to aprivate corporation in an action against the corporation are available to thecounty memorial hospital, hospital district or other health care governmentalagency.
(c) None of these provisions shall be construed as waiving theindividual immunity of any employee, board member or officer of a countymemorial hospital, hospital district or other health care governmental agencywhen the person is acting within the scope of his employment or authority.
35-2-115. Emergency services.
(a) Emergency service and care shall be provided, at theregularly established charges of the hospital, to any person requesting suchservices or care, or for whom such services or care is requested, for anycondition in which the person is in danger of loss of life, or serious injuryor illness, at any hospital licensed in the state of Wyoming that maintains andoperates emergency services to the public when such hospital has appropriatefacilities and qualified personnel available to provide such services or care.
(b) Neither the hospital, its employees, nor any physicianlicensed to practice in the state of Wyoming shall be held liable in any actionarising out of a refusal to render emergency services or care at such licensed hospital,if ordinary medical care and skill is exercised in determining the condition ofthe person, and a decision is made that such refusal shall not result in anypermanent illness or injury to such person or a decision is made thatsufficient qualified personnel are not available to treat said person, or adecision is made that facilities or equipment are not available to treat saidperson or in determining the appropriateness of the facilities, thequalifications and availability of personnel to render such services.
ARTICLE 3 - STATE HOSPITAL AND MEDICAL FACILITIES SURVEY ANDCONSTRUCTION
35-2-301. Short title.
Thisact may be cited as the "State Hospital and Medical Facilities Survey andConstruction Act."
35-2-302. Definitions.
(a) As used in this act:
(i) "Commissioner" means the director of the statedepartment of health. The director of the state department of health shall be,ex officio, the commissioner;
(ii) "The federal act" means title VI of the PublicHealth Service Act (42 U.S.C. 291 et seq.) as is nowand as may hereafter be amended;
(iii) "The surgeon general" means the surgeon generalof the public health service of the United States;
(iv) "Hospital" includes public health centers andgeneral, tuberculosis, mental, chronic disease, and other types of hospitals,and related facilities, such as laboratories, outpatient departments, nurses'home and training facilities, and central service facilities operated inconnection with hospitals, but does not include any hospital furnishingprimarily domiciliary care;
(v) "Public health center" means a publicly ownedfacility for the provision of public health services, including relatedfacilities such as laboratories, clinics and administrative offices operated inconnection with public health centers;
(vi) "Nonprofit hospital" means any hospital ormedical facility owned and operated by a corporation or association, no part ofthe net earnings of which inures, or may lawfully inure, to the benefit of anyprivate shareholder or individual;
(vii) "Medical facilities" means diagnostic ordiagnostic and treatment centers, rehabilitation facilities and nursing homesas those terms are defined in the federal act and such other medical facilitiesfor which federal aid may be authorized under the federal act.
35-2-303. Department of health; sole agency for making an inventoryand developing and administering state plan.
(a) The department of health shall constitute the sole agencyof the state for the purpose of:
(i) Making an inventory of existing hospitals and medicalfacilities, surveying the need for construction of hospitals and medicalfacilities, and developing a program of hospital construction as provided inW.S. 35-2-320 through 35-2-322; and
(ii) Developing and administering a state plan for theconstruction of public and other nonprofit hospitals and medical facilities asprovided in W.S. 35-2-340 through 35-2-345.
35-2-304. Powers and duties of commissioner enumerated.
(a) In carrying out the purposes of the act, the commissioneris authorized and directed:
(i) To require such reports, make such inspections andinvestigations and prescribe such regulations as he deems necessary;
(ii) To provide such methods of administration, appointpersonnel and take such other action as may be necessary to comply with therequirements of the federal act and the regulations thereunder;
(iii) To procure the temporary or intermittent services ofexperts or consultants or organizations thereof, by contract, when suchservices are to be performed on a part-time or fee-for-service basis and do notinvolve the performance of administrative duties;
(iv) To the extent that he considers desirable to effectuate thepurposes of this act, to enter into agreements for the utilization of thefacilities and services of other departments, agencies, and institutions,public or private;
(v) To accept on behalf of the state and to deposit with thestate treasurer any grant, gift or contribution made to assist in meeting thecost of carrying out the purposes of this act, and to expend the same for suchpurposes;
(vi) As required by W.S. 9-2-1014, to report to the governorconcerning activities and expenditures and recommendations for such additionallegislation as the commissioner considers appropriate to furnish adequatehospital, clinic, and similar facilities to the people of this state.
35-2-305. Repealed by Laws 1979, ch. 155, 3.
35-2-306. Disbursement of funds.
Allclaims against funds made available for the administration of this act shall besubmitted, audited, allowed and paid in the same manner as other claims againstthe state and in addition thereto shall be approved by the commissioner.
35-2-320. Duties of commissioner.
Thecommissioner is authorized and directed to make an inventory of existinghospitals and medical facilities, including public, nonprofit and proprietaryhospitals and medical facilities, to survey the need for construction ofhospitals and medical facilities, and, on the basis of such inventory andsurvey, to develop a program for the construction of such public and othernonprofit hospitals and medical facilities as will, in conjunction withexisting facilities, afford the necessary physical facilities for furnishingadequate hospital, medical facility and similar services to all the people ofthe state.
35-2-321. Construction program.
Theconstruction program shall provide, in accordance with regulations prescribedunder the federal act, for adequate hospital facilities for the people residingin this state and insofar as possible shall provide for their distributionthroughout the state in such manner as to make all types of hospital andmedical facility services reasonably accessible to all persons in the state.
35-2-322. Application for and use of federal funds.
Thecommissioner is authorized to make application to the surgeon general forfederal funds to assist in carrying out the survey and planning activitiesherein provided. Such funds shall be deposited in the state treasury and shallbe available for expenditure for carrying out the purposes of W.S. 35-2-320through 35-2-322. Any such funds received and not expended for such purposesshall be repaid to the treasury of the United States.
35-2-340. Preparation and submission to surgeon general; notice andhearing prerequisite to submission; publication upon approval; subsequentmodifications.
Thecommissioner shall prepare and submit to the surgeon general a state plan whichshall include the hospital and medical facilities construction program developedunder W.S. 35-2-320 through 35-2-322 and which shall provide for theestablishment, administration, and operation of the hospital and medicalfacilities construction activities in accordance with the requirements of thefederal act and regulations thereunder. The commissioner shall, prior to thesubmission of such plan to the surgeon general, give adequate publicity to ageneral description of all the provisions proposed to be included therein, andhold a public hearing at which all persons or organizations with a legitimateinterest in such plan may be given an opportunity to express their views. Afterapproval of the plan by the surgeon general, the commissioner shall publish ageneral description of the provisions thereof in at least one (1) newspaperhaving general circulation in each county in the state, and shall make theplan, or a copy thereof, available upon request to all interested persons ororganizations. The commissioner shall from time to time review the hospital andmedical facilities construction program and submit to the surgeon general anymodifications thereof which he may find necessary and may submit to the surgeongeneral such modifications of the state plan, not inconsistent with therequirements of the federal act, as he may deem advisable.
35-2-341. Minimum standards of maintenance.
Thecommissioner shall by regulation prescribe minimum standards for themaintenance and operation of hospitals and medical facilities which receivefederal aid for construction under the state plan.
35-2-342. Relative need for projects to be set forth.
Thestate plan shall set forth the relative need for the several projects includedin the construction program determined in accordance with regulationsprescribed pursuant to the federal act, and provide for the construction,insofar as financial resources available therefor and for maintenance andoperation make possible, in the order of such relative need.
35-2-343. Applications for construction projects; conformity tofederal and state requirements required.
Applicationsfor hospital and medical facility construction projects for which federal fundsare requested shall be submitted to the commissioner and may be submitted bythe state or any political subdivision thereof or by any public or nonprofitagency authorized to construct and operate a hospital or a medical facility.Each application for a construction project shall conform to federal and staterequirements.
35-2-344. Hearing and approval of applications for construction.
Thecommissioner shall afford to every applicant for a construction project anopportunity for a fair hearing. If the commissioner, after affording reasonableopportunity for development and presentation of applications in the order ofrelative need, finds that a project application complies with the requirementsof W.S. 35-2-343 and is otherwise in conformity with the state plan, he shallapprove such application and shall recommend and forward it to the surgeongeneral.
35-2-345. Inspection of construction projects; payment of installmentof federal funds.
Fromtime to time the commissioner shall inspect each construction project approvedby the surgeon general, and, if the inspection so warrants, the commissionershall certify to the surgeon general that work has been performed upon theproject, or purchases have been made, in accordance with the approved plans andspecifications, and that payment of an installment of federal funds is due tothe applicant.
ARTICLE 4 - HOSPITAL DISTRICTS
35-2-401. Establishment of hospital district.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) Repealed by Laws 1998, ch. 115, 5.
(c) Repealed by Laws 1998, ch. 115, 5.
(d) A special hospital district may be established andsubsequent elections held under the procedures for petitioning, hearing andelection of special districts as set forth in the Special District ElectionsAct of 1994.
35-2-402. Repealed by Laws 1998, ch. 115, 5.
35-2-403. Body corporate; name and style; powers generally; rules andregulations of trustees; definitions of certain terms.
(a) Each district is a body corporate, the name of which shallbe selected by the board of county commissioners of the county in which thegreater area of land within the district is located and which shall be enteredupon the commissioner's records. In the name selected, the district may holdproperty and be a party to contracts, shall have power to sue and be sued,shall be empowered through its governing board to acquire real and personalproperty and equipment for hospital purposes by gift, devise, bequest orpurchase, and enter into contracts for the acquisition by purchase or lease ofreal and personal property and equipment and convey, lease and otherwisedispose of its property for the hospital. The trustees may make rules andregulations necessary for the purposes of the hospital district and shall filethem with the county clerk for each county in which the district is located,and establish sinking funds for hospital purposes as well as issue bonds forthe purchase of real property and improvements and equipment for hospitalpurposes in the manner hereinafter provided.
(b) As used in this act:
(i) "Hospital" and "hospital purposes"means any institution, place, building or agency in which any accommodation ismaintained, furnished or offered for the hospitalization of the sick or injuredor care of any person requiring or receiving chronic or convalescent care, andincludes public health centers, community mental health centers and other typesof hospitals and centers, including but not limited to general, tuberculosis,mental and chronic disease hospitals, and also medical facilities, and relatedfacilities;
(ii) "Medical facilities" includes but is not limitedto diagnostic or treatment centers, rehabilitation facilities and nursinghomes, as those terms are defined in the Federal Act Public Law 482, 83congress, July 12, 1954 (C. 471, Sec. 4 (c)-(f), 68 Stat. 465-466), as amended;
(iii) "Related facilities" means but is not limited tolaboratories, outpatient departments, nurses' homes and nurses' trainingfacilities and central service facilities operated in connection withhospitals.
(c) In addition to subsection (a) of this section, eachdistrict may engage in activities authorized under W.S. 18-8-301 subject torequirements and conditions specified therein.
(d) Subject to constitutional limitations, in addition to anyother securities the legislature authorizes or has authorized by law forinvestment, any funds of the district may be invested by the board in anysecurity which has been recommended by an investment advisor registered underthe Uniform Investment Advisor's Act of 1940 as amended, or any bank exercisingits trust powers, and approved by the district board. In approving securitiesfor the investment under this subsection, the board shall be subject to and actin accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the useof any revenues generated from taxes to engage in any activity authorized underW.S. 18-8-301(a).
35-2-404. Procedure for initial election of trustees; number, term oftrustees; qualifications; disposition of ballots and affidavits.
(a) An election of trustees shall be held in accordance withthe Special District Elections Act of 1994 at the same time as the election forthe formation of the district. At the election a board of five (5) trusteesshall be elected who shall serve without compensation to govern the affairs ofthe district. There shall be elected three (3) members to serve until the nextsucceeding district election and two (2) members to serve until the secondsucceeding district election and until their successors are elected andqualified. Thereafter, members shall be elected for terms of four (4) years.The board of trustees shall, prior to the publication of notice required underW.S. 22-29-112(c), determine whether the board of trustees should beestablished at five (5) members or seven (7) members. If the board determinesthat the number of trustees should be expanded it may appoint the additionalmembers in accordance with W.S. 22-29-202 until the next subsequent trusteeelection. The next subsequent trustee election shall reflect any modificationmade. If a board of trustees fails to establish the number of trustees to beelected, the board shall be established at five (5) members. No current termof any trustee shall be affected by any modification made under thissubsection. Subsequent elections shall be held in accordance with the SpecialDistrict Elections Act of 1994.
(b) Excluding employees of the district, any qualified electorresident in a hospital district is eligible to hold the office of hospitaldistrict trustee in the hospital district.
(c) After the official certificate of election has beenprepared, ballots and affidavits shall be sealed in envelopes and retained bythe appropriate board for six (6) months or until termination of any electioncontest affected by the ballots or affidavits and shall then be destroyed.Prior to destruction, the envelope shall be opened only on court order.
35-2-405. Repealed by Laws 1980, ch. 19, 3.
35-2-406. Repealed by Laws 1980, ch. 19, 3.
35-2-407. Repealed by Laws 1980, ch. 19, 3.
35-2-408. Repealed by Laws 1980, ch. 19, 3.
35-2-409. Repealed by Laws 1980, ch. 19, 3.
35-2-410. Repealed by Laws 1980, ch. 19, 3.
35-2-411. Repealed by Laws 1980, ch. 19, 3.
35-2-412. Repealed by Laws 1998, ch. 115, 5.
35-2-413. Repealed by Laws 1998, ch. 115, 5.
35-2-414. Administration of finances; assessment and levy of tax.
(a) The board of trustees of special hospital districts shalladminister the finances of such districts according to the provisions of theWyoming Municipal Budget Act. The assessor shall at the time of making theannual assessment of his district also assess the property of each specialhospital district in his county and return to the county assessor at the timeof returning the assessment schedules, separate schedules listing the propertyof each such district assessed by him. Said separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.
(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each suchdistrict, but in no case shall the tax for such district exceed in any one (1)year the amount of three (3) mills for operation on each dollar of assessedvaluation of such property except as provided by subsection (c) of thissection. There shall be no limit on the assessment for the payment of principaland interest on bonds approved by the board of county commissioners andapproved by the electors of the district as provided in W.S. 35-2-415. Thetaxes and assessments of all special hospital districts shall be collected bythe county collector at the same time and in the same manner as state andcounty taxes are collected, provided, however, said assessment and tax leviedunder the provisions of this act shall not be construed as being a part of thegeneral county mill levy.
(c) Notwithstanding subsection (b) of this section, if theboard of trustees votes to increase the mill levy beyond three (3) mills asauthorized by subsection (b) of this section, the board of county commissionersshall call an election within the district upon the question of whether themill levy should be increased beyond three (3) mills. The election shall becalled, conducted and canvassed as provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the firstdate authorized under W.S. 22-21-103 which is not less than sixty (60) daysafter the trustees vote to increase the mill levy beyond three (3) mills. In noevent shall the tax in a district exceed in any one (1) year the amount of six(6) mills for operation and maintenance on each dollar of assessed valuation ofproperty. The increase in mill levy is effective only if the question isapproved by a majority of those voting thereon within the hospital district.The cost of any special election under this subsection shall be borne by theboard of trustees.
(d) If the proposition to authorize a mill levy is approved,the same proposition or a proposition to impose a mill levy in a differentamount, not to exceed three (3) mills, shall be submitted to the voters, untildefeated, at the second general election following the election at which theproposition was initially approved and at the general election held every four(4) years thereafter. If the proposition to impose or continue the tax isdefeated, the proposition shall not again be submitted to the electors for atleast twenty-three (23) months.
35-2-415. General obligation coupon bonds; requirements as to issuancegenerally; submission of question to electors.
Theboard of trustees of a hospital district may upon approval of the board ofcounty commissioners submit to the electors of the district the questionwhether the board shall be authorized to issue the general obligation couponbonds of the district in a certain amount, not to exceed five percent (5%) ofthe assessed value of the taxable property in the district, and bearing acertain rate of interest, payable and redeemable at a certain time, notexceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for hospitalpurposes.
35-2-416. General obligation coupon bonds; conduct and results ofelection.
Theelection authorized under W.S. 35-2-415 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
35-2-417. General obligation coupon bonds; issuance, form, notice,value, rejection of bids, and private sale.
Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of theirdelivery. And the said trustees are authorized to reject any bids, and to sellsaid bonds at private sale, if they deem it for the best interests of thedistrict.
35-2-418. General obligation coupon bonds; preparation and execution;register to be kept.
Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which said district's funds are kept, and the coupons attached to thebonds must be signed by the said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.
35-2-419. General obligation coupon bonds; payment guaranteed.
Thefull faith and credit of each hospital district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.
35-2-420. General obligation coupon bonds; payment of interest andprincipal.
Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.
35-2-421. General obligation coupon bonds; validity.
Allhospital districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing hospital districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for hospital purposes, by any hospital districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, Session Laws of Wyoming, 1951, wherethe purchase money for such bonds has been actually received and retained forthe purpose for which such bonds were sold, are hereby declared to be the validand legally binding obligations of such district and all proceedings underwhich such bonds were issued are approved, ratified and declared valid.
35-2-422. Additional area within district; annexation; method.
(a) Whenever a hospital district has been established asprovided by law, it may be enlarged by annexation of additional, contiguousterritory within the county.
(b) Whenever a petition, signed by twenty-five percent (25%) ofthe registered electors residing within the area to be annexed in the countywhich is not part of an established hospital district in the county, ispresented to the board of county commissioners of the county, the countycommissioners shall within five (5) days request the board of trustees of theestablished hospital district either to approve or reject the petition.
(c) The board of trustees of the hospital district shall actupon the request within thirty (30) days. If no action is taken within thattime, the petition is deemed rejected by the trustees. If the petition isaccepted by the trustees, the board of county commissioners shall call anelection within the county upon the question of whether the area described bythe petition shall be annexed to the existing hospital district. The electionshall be called for the next election date authorized under W.S. 22-21-103which is not less than sixty (60) days after the petition is accepted and beconducted in accordance with the procedure for bond elections as provided bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.The annexation is effective only if the question is approved by a majority ofthose voting thereon both within the existing hospital district and within thearea described by the petition. The board of county commissioners shall byresolution declare the district expanded by the additional area and shalldesignate a name for the expanded hospital district.
(d) After the resolution declaring the existence of theexpanded hospital district, the board of county commissioners shall call anelection for the purpose of election of trustees of the hospital district asexpanded. The board of trustees of the hospital district shall be qualifiedelectors of the entire district so expanded. The election shall be called for adate determined by the board of county commissioners and shall be held in themanner provided by law for the first election of trustees of the original district.Trustees of the original district shall remain in office until the trustees ofthe expanded district are elected and qualified.
35-2-423. Restriction on maintenance of hospitals in cities and towns.
Nocity or town which is within the boundaries of a special hospital districtorganized under W.S. 35-2-401 through 35-2-436 shall construct or operate ahospital more than one (1) year after the formation of the hospital district. Nothing in this section prohibits a city or town from contributing to thesupport of a hospital district.
35-2-424. Securities for acquiring and improving hospitals and relatedfacilities; issuance authorized; lines of credit and tax and revenueanticipation notes.
(a) The trustees of a hospital district established pursuant toW.S. 35-2-401, are hereby authorized to issue revenue bonds, notes and warrantsor other revenue securities, hereinafter referred to as securities, for thepurpose of acquiring, erecting, constructing, reconstructing, improving,remodeling, furnishing and equipping hospitals and related facilities, andacquiring a site or sites therefor, from time to time hereafter as the trusteesmay determine.
(b) If there are no monies available to the trustees of ahospital district before receipt of property taxes the trustees may issuewarrants in anticipation of the receipt of property taxes for payment ofoperational expenses. The aggregate amount of the warrants shall not exceed thetotal amount of taxes levied. The warrants shall be payable solely from thecollected taxes.
(c) The trustees of a hospital district may obtain financingfor its operations by entering into agreements for lines of credit with anyfinancial institution as defined in W.S. 13-1-101(a)(ix). The line of creditmay either be unsecured, or secured by a pledge of revenues anticipated to bereceived during the current fiscal year.
(d) In addition to its authority to issue warrants under thissection, the trustees of a hospital district may issue tax and revenueanticipation notes in amounts not to exceed eighty percent (80%) of the totalamount of taxes levied for operation of the district for the fiscal year duringwhich the notes are issued when the board determines that insufficient fundsare available to meet the obligations of the hospital during any fiscal year. Ahospital district shall not enter into agreements or issue instruments of thetype allowed by this section for any fiscal year until all debts financed bysuch agreements or instruments for any prior fiscal year have been paid infull. Tax and revenue anticipation notes issued under this subsection aresubject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 forstate tax and revenue anticipation notes, except:
(i) The authority of the state treasurer referenced in W.S.9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes;and
(ii) Notwithstanding W.S. 9-4-1105(a), investments of theproceeds of the notes by the board are limited to those investments authorizedunder W.S. 9-4-831.
35-2-425. Securities for acquiring hospitals and related facilities;requirements generally.
(a) Except as otherwise provided, securities issued hereundershall be authorized by resolution adopted by the trustees, shall bear date ordates, shall be in a denomination or denominations, shall mature at a time ortimes but in no event exceeding fifty (50) years from their date, shall be soldat public or private sale, and the securities and coupons shall be payable in amedium of payment at a banking institution or other place or places within orwithout the state, as determined by the trustees, may be made subject to priorredemption in advance of maturity in order or by lot or otherwise at a time ortimes without or with the payment of a premium or premiums not exceeding tenpercent (10%) of the principal amount of the security so redeemed, asdetermined by the trustees. The resolution may provide for the accumulation ofnet revenue for a reserve fund and shall contain other or further covenants andagreements as may be determined by the governing board for the protection ofbondholders.
(b) Any resolution authorizing the issuance of securities orother instruments appertaining thereto may provide for the capitalizing ofinterest on any securities during any period of construction estimated by thetrustees and one (1) year thereafter and any other cost of any project hereinauthorized, by providing for the payment of the amount capitalized from theproceeds of the securities.
(c) Securities may be issued with privileges for conversion orregistration, or both, for payment as to principal or interest, or both.
(d) Any resolution authorizing the issuance of securities, orany other instrument appertaining thereto may provide for their reissuance inother denominations in negotiable or nonnegotiable form and otherwise in suchmanner and form as the trustees may determine.
(e) Any resolution authorizing, or other instrumentappertaining to, any securities hereunder may provide that each security thereinauthorized shall recite that it is issued under authority hereof. Such recitalshall conclusively impart full compliance with all of the provisions hereof,and all securities issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.
(f) Subject to the payment provisions herein specificallyprovided, any securities, any interest coupons thereto attached, shall be fullynegotiable within the meaning of and for all the purposes of the Uniform CommercialCode, except as the trustees may otherwise provide, and each holder of suchsecurity, or of any coupons appertaining thereto, by accepting such security orcoupon shall be conclusively deemed to have agreed that such security or coupon(except as otherwise provided) is and shall be fully negotiable within themeaning and for all purposes of said Uniform Commercial Code.
(g) Notwithstanding any other provision of law, the trustees inany proceedings authorizing securities hereunder:
(i) May provide for the initial issuance of one (1) or moresecurities aggregating the amount of the entire issue or any part thereof;
(ii) May make such provisions for installment payments of theprincipal amount of any such security as it may consider desirable;
(iii) May provide for the making of any such security payable tobearer or otherwise, registrable as to principal or as to both principal andinterest, and where interest accruing thereon is not represented by interestcoupons, for the endorsing of payment of interest on such securities.
(h) Except for any securities which are registrable for paymentof interest, interest coupons payable to bearer and appertaining to thesecurities shall be issued and shall bear the original or facsimile signatureof the president of the trustees.
(j) Any securities herein authorized may be executed asprovided by W.S. 16-2-101 through 16-2-103.
(k) The securities and any coupons bearing the signature of theofficers in office at the time of the signing thereof, shall be valid andbinding obligations of the trustees, notwithstanding that before the deliverythereof and payment therefor, any or all of the persons whose signatures appearthereon shall have ceased to fill their respective offices.
35-2-426. Securities for acquiring hospitals and related facilities;not a general obligation of hospital district or trustees; payable from specialfund.
Thesecurities to be issued hereunder shall not constitute a general obligation ofthe hospital district, nor of the trustees, but shall be payable solely from aspecial fund to contain the net revenue to be derived from the operation of thehospitals and related facilities, such revenues being defined as thoseremaining after paying the costs of operating and maintaining said facilities.
35-2-427. Securities for acquiring hospitals and related facilities;issuance from time to time in one or more series.
Thesecurities authorized hereby may be issued from time to time and in one (1) ormore series as the trustees may determine.
35-2-428. Securities for acquiring hospitals and related facilities;obligation of trustees to holders; suit for default, misuse of funds.
Theobligation of the trustees to the holders of the securities shall be limited toapplying the funds, as set forth above, to the payment of interest andprincipal on said securities, and the securities shall contain a provision tothat effect. In the event of default in the payment of said securities or theinterest thereon, and in the event that the trustees are misusing such funds ornot using them as provided by this act and the resolution authorizing thesecurities, or in the event of any other breach of any protective covenant orother contractual limitation, then such holders, or any of them, may bring suitagainst the trustees in the district court of the county in which the hospitalor any of its related facilities are located for the purpose of restraining thetrustees from using such funds for any purpose other than the payment of theprincipal and interest on such securities in the manner provided, or for anyother appropriate remedy.
35-2-429. Construction to be done by contract based on competitivebidding; alternate delivery methods.
(a) Except as provided under subsection (b) of this section andotherwise, the work of constructing the various buildings shall be done bycontract based on competitive bidding. Notice of call for bids shall be forsuch period of time and in such manner as the trustees may determine, and thetrustees shall have the power to reject any and all bids and readvertise forbids as they consider proper.
(b) Any hospital district may contract for design andconstruction services through an alternate delivery method as defined in W.S.16-6-701.
35-2-430. Board may insure facilities.
Theboard may insure said facilities against public liability, property damage orloss of revenues from any cause.
35-2-431. Investment in securities.
Securitiesissued pursuant to this act shall be eligible for investment by bankinginstitutions and for estate, trust, and fiduciary funds, and such securitiesand the interest thereon shall be exempt from taxation by this state and anysubdivision thereof. The state treasurer of the state of Wyoming with theapproval of the governor and the attorney general is hereby authorized toinvest any permanent state funds available for investment in the securities tobe issued hereunder.
35-2-432. Refunding securities.
(a) Any securities of the board of a hospital district issuedhereunder or pursuant to any other act and payable from any pledged revenuesmay be refunded by the board by the adoption of a resolution or resolutions bythe board authorizing the issuance of securities at public or private sale:
(i) To refund, pay, and discharge all or any part of suchoutstanding securities of any one (1) or more or all outstanding issues,including any interest thereon in arrears, or about to become due for anyperiod not exceeding three (3) years from the date of the refunding securities;or
(ii) For the purpose of reducing interest costs or effectingother economies; or
(iii) For the purpose of modifying or eliminating restrictivecontractual limitations appertaining to the issuance of additional bonds,otherwise concerning the outstanding securities, or to any facilitiesappertaining thereto; or
(iv) For the purpose of avoiding or terminating any default; or
(v) For any combination thereof.
(b) Nothing contained in this act nor in any other law of thisstate shall be construed to permit the board to call securities now orhereafter outstanding for prior redemption in order to refund such securitiesor in order to pay them prior to their stated maturities, unless the right tocall such securities for prior redemption was specifically reserved and statedin such securities at the time of their issuance.
(c) Except as provided in this section, refunding securitiesshall be subject to the same rights, liabilities, conditions and covenants asare provided for the securities contained in this act.
35-2-433. Powers and responsibility of board of trustees.
Theboard of trustees have plenary powers and responsibility for the acquisition,construction, and completion of all projects authorized by the resolution toissue revenue securities or refunding securities.
35-2-434. Board may accept grants.
Theboard may accept grants of money or materials or property of any kind from thefederal government, the state, any agency or political subdivision thereof, orany person, upon such terms and conditions as the federal government, thestate, or such agency or political subdivision, or person may impose.
35-2-435. Charges and rentals.
Theboard shall establish and collect charges for services and rentals for use offacilities furnished, acquired, constructed, or purchased from the proceeds ofsuch securities, sufficient to pay the principal or the interest, or both, onthe securities as they become due and payable, together with such additionalsums as may be deemed necessary for accumulating reserves and providing forobsolescence and depreciation and to pay the expenses of operating andmaintaining such facilities. The board shall establish all other charges, fees,and rates to be derived from the operation of the hospital or any otherfacility of the hospital district.
35-2-436. Liberal construction.
Thisact being necessary to secure the public health, safety, convenience andwelfare, shall be liberally construed to effect its purposes.
35-2-437. Trustee districts by rule; requirements.
Whenthe assessed valuation of the property within a hospital district exceeds threemillion dollars ($3,000,000.00), the board of trustees for that hospitaldistrict may divide the district into no more than three (3) trustee districtsand provide for the election of at least one (1) trustee from each trusteedistrict. To become effective, the rule creating trustee districts shall beapproved by order of the board of county commissioners of the county in whichthe greater area of property within the district is located. All trustees shallbe residents or property owners of the trustee district from which elected. Theboard of trustees may provide for the trustees to be elected at-large if thesetrustees are residents of the hospital district.
35-2-438. Dissolution.
(a) Subject to the requirements of this section, the trusteesof a hospital district may vote to dissolve and terminate the district. Theplan to dissolve and terminate the district shall provide for the following:
(i) Payment of all bonded and other indebtedness against thedistrict;
(ii) Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital orhealth care facility which provides services to the residents of the hospitaldistrict upon such conditions as agreed to by the nonprofit or governmentalhospital or health care facility, or conveyed to the county to be used solelyfor health care purposes by the county.
(b) Before any plan to dissolve and terminate a hospitaldistrict is effective, the plan shall be approved by a majority of thequalified electors of the hospital district who vote on the question. The voteon the question may be submitted to the qualified electors at an electionfollowing the provisions of W.S. 22-29-404 as applicable. The question to bepresented to the qualified electors is: "Shall Hospital District .... bedissolved in accordance with the plan of dissolution approved by the board oftrustees?"
Yes No
(c) If the qualified electors of the district approve thedissolution and termination plan, the board of trustees are empowered to takeall action necessary to effectuate the plan and dissolve and terminate thehospital district.
ARTICLE 5 - WYOMING SANITARIUM
35-2-501. Repealed by Laws 1982, ch. 62, 4.
35-2-502. Repealed by Laws 1982, ch. 62, 4.
35-2-503. Repealed by Laws 1982, ch. 62, 4.
ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION
35-2-601. Repealed by Laws 1991, ch. 194, 2.
35-2-602. Repealed by Laws 1991, ch. 194, 2.
35-2-603. Repealed by Laws 1991, ch. 194, 2.
35-2-604. Repealed by Laws 1991, ch. 194, 2.
35-2-605. Definitions.
(a) As used in this act, unless the context otherwise requires:
(i) "Audit" means an assessment, evaluation,determination or investigation of a hospital or a health care provider by aperson not employed by or affiliated with the provider to determine compliancewith:
(A) Statutory, regulatory, fiscal, medical or scientificstandards;
(B) A private or public program of payments to a hospital orhealth care provider; or
(C) Requirements for licensing, accreditation or certification.
(ii) "Data" means all reports, notes, findings,opinions or records of any hospital medical staff committee, including itsconsultants, advisors and assistants;
(iii) "Directory information" means informationdisclosing the presence and the general health condition of a particularpatient who is an inpatient in a hospital or who is currently receiving emergencyhealth care in a hospital;
(iv) "General health condition" means the patient'shealth status described in terms of "critical," "poor,""fair," "good," "excellent" or terms denotingsimilar conditions;
(v) "Health care" means any care, service orprocedure provided in a hospital licensed under the laws of this state:
(A) To diagnose, treat or maintain a patient's physical ormental condition; or
(B) That affects the structure or any function of the humanbody.
(vi) "Health care facility" means a hospital, clinicor nursing home where a health care provider provides health care to patients;
(vii) "Health care information" means any information,whether oral or recorded in any form or medium, that identifies or can readilybe associated with the identity of a patient and relates to the patient'shealth care, and includes any record of disclosures of that information;
(viii) "Health care provider" means a person who islicensed, certified or otherwise authorized by the law of this state to providehealth care in the ordinary course of business or practice of a profession, butdoes not include a person who provides health care solely through the sale ordispensing of drugs or medical devices;
(ix) "Hospital" means establishments with organizedmedical staffs, with permanent facilities that include inpatient beds, and withmedical services, including physician services and continuous nursing services,to provide diagnosis, treatment and continuity of care for patients;
(x) "Hospital medical staff committee" means anycommittee within a hospital, consisting of medical staff members or hospitalpersonnel, which is engaged in supervision, discipline, admission, privilegesor control of members of the hospital's medical staff, evaluation and review ofmedical care, utilization of the hospital facilities or professional training;
(xi) "Institutional review board" means any board,committee or other group formally designated by an institution, or authorizedunder federal or state law, to review, approve the initiation of, or conductperiodic review of research programs to assure the protection of the rights andwelfare of human research subjects;
(xii) "Maintain," as related to health careinformation, means to hold, possess, preserve, retain, store or control thatinformation;
(xiii) "Patient" means an individual who receives or hasreceived health care and includes a deceased individual who has received healthcare;
(xiv) "This act" means W.S. 35-2-605 through 35-2-617.
35-2-606. Disclosure of health care information by hospital.
(a) Except as authorized in W.S. 35-2-609, a hospital or anagent or employee of a hospital shall not disclose any hospital health careinformation about a patient to any other person without the patient's writtenauthorization. A disclosure made under a patient's written authorization shallconform to the terms of that authorization.
(b) A hospital shall maintain, in conjunction with a patient'srecorded health care information, a record of each person who has received orexamined, in whole or in part, the recorded health care information during thenext preceding three (3) years, except for a perso
CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTHSERVICES
ARTICLE 1 - IN GENERAL
35-2-101. Repealed by Laws 1989, ch. 277, 2.
35-2-102. Repealed by Laws 1989, ch. 277, 2.
35-2-103. Repealed by Laws 1989, ch. 277, 2.
35-2-104. Repealed by Laws 1989, ch. 277, 2.
35-2-105. Repealed by Laws 1989, ch. 277, 2.
35-2-106. Repealed by Laws 1989, ch. 277, 2.
35-2-107. Repealed by Laws 1989, ch. 277, 2.
35-2-108. Repealed by Laws 1989, ch. 277, 2.
35-2-109. Repealed by Laws 1989, ch. 277, 2.
35-2-110. Repealed by Laws 1989, ch. 277, 2.
35-2-111. Repealed by Laws 1989, ch. 277, 2.
35-2-112. Repealed by Laws 1989, ch. 277, 2.
35-2-113. Doctors of medicine, osteopathy, chiropractic, dentistry orpodiatrists may practice in public hospitals.
Anyhospital owned by the state, or any hospital district, county or city thereof,and any hospital whose support, either in whole or in part, is derived frompublic funds, shall be open for practice to doctors of medicine, doctors ofosteopathy, doctors of chiropractic, doctors of dentistry and podiatrists, whoare licensed to practice medicine or surgery, chiropractic, dentistry orpodiatry in this state. Provided, however, that these hospitals by appropriatebylaws shall promulgate reasonable and uniform rules and regulations coveringstaff admissions and staff privileges. Admission shall not be predicated solelyupon the type of degree of the applicant and the governing body shall considerthe competency and character of each applicant.
35-2-114. Liability insurance authorized; effect of procurement.
(a) The governing body of any county memorial hospital,hospital district or other governmental agency which provides health careservices or mental health services within this state may procure any type oramount of liability insurance coverage as it deems prudent to cover any loss byreason of liability for damages on account of injury, sickness or disease,death, property loss or damage. This shall not be construed as creating a liabilityof such county memorial hospital, hospital district or governmental agencyinsuring itself, nor shall the failure to procure any such insurance beconstrued as creating any liability of the county memorial hospital, hospitaldistrict or other governmental agency.
(b) To the extent of any such insurance coverage procured by acounty memorial hospital, hospital district or other governmental agencyproviding health care or mental health services, the defense of governmentalimmunity is expressly waived. All defenses which would be available to aprivate corporation in an action against the corporation are available to thecounty memorial hospital, hospital district or other health care governmentalagency.
(c) None of these provisions shall be construed as waiving theindividual immunity of any employee, board member or officer of a countymemorial hospital, hospital district or other health care governmental agencywhen the person is acting within the scope of his employment or authority.
35-2-115. Emergency services.
(a) Emergency service and care shall be provided, at theregularly established charges of the hospital, to any person requesting suchservices or care, or for whom such services or care is requested, for anycondition in which the person is in danger of loss of life, or serious injuryor illness, at any hospital licensed in the state of Wyoming that maintains andoperates emergency services to the public when such hospital has appropriatefacilities and qualified personnel available to provide such services or care.
(b) Neither the hospital, its employees, nor any physicianlicensed to practice in the state of Wyoming shall be held liable in any actionarising out of a refusal to render emergency services or care at such licensed hospital,if ordinary medical care and skill is exercised in determining the condition ofthe person, and a decision is made that such refusal shall not result in anypermanent illness or injury to such person or a decision is made thatsufficient qualified personnel are not available to treat said person, or adecision is made that facilities or equipment are not available to treat saidperson or in determining the appropriateness of the facilities, thequalifications and availability of personnel to render such services.
ARTICLE 3 - STATE HOSPITAL AND MEDICAL FACILITIES SURVEY ANDCONSTRUCTION
35-2-301. Short title.
Thisact may be cited as the "State Hospital and Medical Facilities Survey andConstruction Act."
35-2-302. Definitions.
(a) As used in this act:
(i) "Commissioner" means the director of the statedepartment of health. The director of the state department of health shall be,ex officio, the commissioner;
(ii) "The federal act" means title VI of the PublicHealth Service Act (42 U.S.C. 291 et seq.) as is nowand as may hereafter be amended;
(iii) "The surgeon general" means the surgeon generalof the public health service of the United States;
(iv) "Hospital" includes public health centers andgeneral, tuberculosis, mental, chronic disease, and other types of hospitals,and related facilities, such as laboratories, outpatient departments, nurses'home and training facilities, and central service facilities operated inconnection with hospitals, but does not include any hospital furnishingprimarily domiciliary care;
(v) "Public health center" means a publicly ownedfacility for the provision of public health services, including relatedfacilities such as laboratories, clinics and administrative offices operated inconnection with public health centers;
(vi) "Nonprofit hospital" means any hospital ormedical facility owned and operated by a corporation or association, no part ofthe net earnings of which inures, or may lawfully inure, to the benefit of anyprivate shareholder or individual;
(vii) "Medical facilities" means diagnostic ordiagnostic and treatment centers, rehabilitation facilities and nursing homesas those terms are defined in the federal act and such other medical facilitiesfor which federal aid may be authorized under the federal act.
35-2-303. Department of health; sole agency for making an inventoryand developing and administering state plan.
(a) The department of health shall constitute the sole agencyof the state for the purpose of:
(i) Making an inventory of existing hospitals and medicalfacilities, surveying the need for construction of hospitals and medicalfacilities, and developing a program of hospital construction as provided inW.S. 35-2-320 through 35-2-322; and
(ii) Developing and administering a state plan for theconstruction of public and other nonprofit hospitals and medical facilities asprovided in W.S. 35-2-340 through 35-2-345.
35-2-304. Powers and duties of commissioner enumerated.
(a) In carrying out the purposes of the act, the commissioneris authorized and directed:
(i) To require such reports, make such inspections andinvestigations and prescribe such regulations as he deems necessary;
(ii) To provide such methods of administration, appointpersonnel and take such other action as may be necessary to comply with therequirements of the federal act and the regulations thereunder;
(iii) To procure the temporary or intermittent services ofexperts or consultants or organizations thereof, by contract, when suchservices are to be performed on a part-time or fee-for-service basis and do notinvolve the performance of administrative duties;
(iv) To the extent that he considers desirable to effectuate thepurposes of this act, to enter into agreements for the utilization of thefacilities and services of other departments, agencies, and institutions,public or private;
(v) To accept on behalf of the state and to deposit with thestate treasurer any grant, gift or contribution made to assist in meeting thecost of carrying out the purposes of this act, and to expend the same for suchpurposes;
(vi) As required by W.S. 9-2-1014, to report to the governorconcerning activities and expenditures and recommendations for such additionallegislation as the commissioner considers appropriate to furnish adequatehospital, clinic, and similar facilities to the people of this state.
35-2-305. Repealed by Laws 1979, ch. 155, 3.
35-2-306. Disbursement of funds.
Allclaims against funds made available for the administration of this act shall besubmitted, audited, allowed and paid in the same manner as other claims againstthe state and in addition thereto shall be approved by the commissioner.
35-2-320. Duties of commissioner.
Thecommissioner is authorized and directed to make an inventory of existinghospitals and medical facilities, including public, nonprofit and proprietaryhospitals and medical facilities, to survey the need for construction ofhospitals and medical facilities, and, on the basis of such inventory andsurvey, to develop a program for the construction of such public and othernonprofit hospitals and medical facilities as will, in conjunction withexisting facilities, afford the necessary physical facilities for furnishingadequate hospital, medical facility and similar services to all the people ofthe state.
35-2-321. Construction program.
Theconstruction program shall provide, in accordance with regulations prescribedunder the federal act, for adequate hospital facilities for the people residingin this state and insofar as possible shall provide for their distributionthroughout the state in such manner as to make all types of hospital andmedical facility services reasonably accessible to all persons in the state.
35-2-322. Application for and use of federal funds.
Thecommissioner is authorized to make application to the surgeon general forfederal funds to assist in carrying out the survey and planning activitiesherein provided. Such funds shall be deposited in the state treasury and shallbe available for expenditure for carrying out the purposes of W.S. 35-2-320through 35-2-322. Any such funds received and not expended for such purposesshall be repaid to the treasury of the United States.
35-2-340. Preparation and submission to surgeon general; notice andhearing prerequisite to submission; publication upon approval; subsequentmodifications.
Thecommissioner shall prepare and submit to the surgeon general a state plan whichshall include the hospital and medical facilities construction program developedunder W.S. 35-2-320 through 35-2-322 and which shall provide for theestablishment, administration, and operation of the hospital and medicalfacilities construction activities in accordance with the requirements of thefederal act and regulations thereunder. The commissioner shall, prior to thesubmission of such plan to the surgeon general, give adequate publicity to ageneral description of all the provisions proposed to be included therein, andhold a public hearing at which all persons or organizations with a legitimateinterest in such plan may be given an opportunity to express their views. Afterapproval of the plan by the surgeon general, the commissioner shall publish ageneral description of the provisions thereof in at least one (1) newspaperhaving general circulation in each county in the state, and shall make theplan, or a copy thereof, available upon request to all interested persons ororganizations. The commissioner shall from time to time review the hospital andmedical facilities construction program and submit to the surgeon general anymodifications thereof which he may find necessary and may submit to the surgeongeneral such modifications of the state plan, not inconsistent with therequirements of the federal act, as he may deem advisable.
35-2-341. Minimum standards of maintenance.
Thecommissioner shall by regulation prescribe minimum standards for themaintenance and operation of hospitals and medical facilities which receivefederal aid for construction under the state plan.
35-2-342. Relative need for projects to be set forth.
Thestate plan shall set forth the relative need for the several projects includedin the construction program determined in accordance with regulationsprescribed pursuant to the federal act, and provide for the construction,insofar as financial resources available therefor and for maintenance andoperation make possible, in the order of such relative need.
35-2-343. Applications for construction projects; conformity tofederal and state requirements required.
Applicationsfor hospital and medical facility construction projects for which federal fundsare requested shall be submitted to the commissioner and may be submitted bythe state or any political subdivision thereof or by any public or nonprofitagency authorized to construct and operate a hospital or a medical facility.Each application for a construction project shall conform to federal and staterequirements.
35-2-344. Hearing and approval of applications for construction.
Thecommissioner shall afford to every applicant for a construction project anopportunity for a fair hearing. If the commissioner, after affording reasonableopportunity for development and presentation of applications in the order ofrelative need, finds that a project application complies with the requirementsof W.S. 35-2-343 and is otherwise in conformity with the state plan, he shallapprove such application and shall recommend and forward it to the surgeongeneral.
35-2-345. Inspection of construction projects; payment of installmentof federal funds.
Fromtime to time the commissioner shall inspect each construction project approvedby the surgeon general, and, if the inspection so warrants, the commissionershall certify to the surgeon general that work has been performed upon theproject, or purchases have been made, in accordance with the approved plans andspecifications, and that payment of an installment of federal funds is due tothe applicant.
ARTICLE 4 - HOSPITAL DISTRICTS
35-2-401. Establishment of hospital district.
(a) Repealed by Laws 1998, ch. 115, 5.
(b) Repealed by Laws 1998, ch. 115, 5.
(c) Repealed by Laws 1998, ch. 115, 5.
(d) A special hospital district may be established andsubsequent elections held under the procedures for petitioning, hearing andelection of special districts as set forth in the Special District ElectionsAct of 1994.
35-2-402. Repealed by Laws 1998, ch. 115, 5.
35-2-403. Body corporate; name and style; powers generally; rules andregulations of trustees; definitions of certain terms.
(a) Each district is a body corporate, the name of which shallbe selected by the board of county commissioners of the county in which thegreater area of land within the district is located and which shall be enteredupon the commissioner's records. In the name selected, the district may holdproperty and be a party to contracts, shall have power to sue and be sued,shall be empowered through its governing board to acquire real and personalproperty and equipment for hospital purposes by gift, devise, bequest orpurchase, and enter into contracts for the acquisition by purchase or lease ofreal and personal property and equipment and convey, lease and otherwisedispose of its property for the hospital. The trustees may make rules andregulations necessary for the purposes of the hospital district and shall filethem with the county clerk for each county in which the district is located,and establish sinking funds for hospital purposes as well as issue bonds forthe purchase of real property and improvements and equipment for hospitalpurposes in the manner hereinafter provided.
(b) As used in this act:
(i) "Hospital" and "hospital purposes"means any institution, place, building or agency in which any accommodation ismaintained, furnished or offered for the hospitalization of the sick or injuredor care of any person requiring or receiving chronic or convalescent care, andincludes public health centers, community mental health centers and other typesof hospitals and centers, including but not limited to general, tuberculosis,mental and chronic disease hospitals, and also medical facilities, and relatedfacilities;
(ii) "Medical facilities" includes but is not limitedto diagnostic or treatment centers, rehabilitation facilities and nursinghomes, as those terms are defined in the Federal Act Public Law 482, 83congress, July 12, 1954 (C. 471, Sec. 4 (c)-(f), 68 Stat. 465-466), as amended;
(iii) "Related facilities" means but is not limited tolaboratories, outpatient departments, nurses' homes and nurses' trainingfacilities and central service facilities operated in connection withhospitals.
(c) In addition to subsection (a) of this section, eachdistrict may engage in activities authorized under W.S. 18-8-301 subject torequirements and conditions specified therein.
(d) Subject to constitutional limitations, in addition to anyother securities the legislature authorizes or has authorized by law forinvestment, any funds of the district may be invested by the board in anysecurity which has been recommended by an investment advisor registered underthe Uniform Investment Advisor's Act of 1940 as amended, or any bank exercisingits trust powers, and approved by the district board. In approving securitiesfor the investment under this subsection, the board shall be subject to and actin accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the useof any revenues generated from taxes to engage in any activity authorized underW.S. 18-8-301(a).
35-2-404. Procedure for initial election of trustees; number, term oftrustees; qualifications; disposition of ballots and affidavits.
(a) An election of trustees shall be held in accordance withthe Special District Elections Act of 1994 at the same time as the election forthe formation of the district. At the election a board of five (5) trusteesshall be elected who shall serve without compensation to govern the affairs ofthe district. There shall be elected three (3) members to serve until the nextsucceeding district election and two (2) members to serve until the secondsucceeding district election and until their successors are elected andqualified. Thereafter, members shall be elected for terms of four (4) years.The board of trustees shall, prior to the publication of notice required underW.S. 22-29-112(c), determine whether the board of trustees should beestablished at five (5) members or seven (7) members. If the board determinesthat the number of trustees should be expanded it may appoint the additionalmembers in accordance with W.S. 22-29-202 until the next subsequent trusteeelection. The next subsequent trustee election shall reflect any modificationmade. If a board of trustees fails to establish the number of trustees to beelected, the board shall be established at five (5) members. No current termof any trustee shall be affected by any modification made under thissubsection. Subsequent elections shall be held in accordance with the SpecialDistrict Elections Act of 1994.
(b) Excluding employees of the district, any qualified electorresident in a hospital district is eligible to hold the office of hospitaldistrict trustee in the hospital district.
(c) After the official certificate of election has beenprepared, ballots and affidavits shall be sealed in envelopes and retained bythe appropriate board for six (6) months or until termination of any electioncontest affected by the ballots or affidavits and shall then be destroyed.Prior to destruction, the envelope shall be opened only on court order.
35-2-405. Repealed by Laws 1980, ch. 19, 3.
35-2-406. Repealed by Laws 1980, ch. 19, 3.
35-2-407. Repealed by Laws 1980, ch. 19, 3.
35-2-408. Repealed by Laws 1980, ch. 19, 3.
35-2-409. Repealed by Laws 1980, ch. 19, 3.
35-2-410. Repealed by Laws 1980, ch. 19, 3.
35-2-411. Repealed by Laws 1980, ch. 19, 3.
35-2-412. Repealed by Laws 1998, ch. 115, 5.
35-2-413. Repealed by Laws 1998, ch. 115, 5.
35-2-414. Administration of finances; assessment and levy of tax.
(a) The board of trustees of special hospital districts shalladminister the finances of such districts according to the provisions of theWyoming Municipal Budget Act. The assessor shall at the time of making theannual assessment of his district also assess the property of each specialhospital district in his county and return to the county assessor at the timeof returning the assessment schedules, separate schedules listing the propertyof each such district assessed by him. Said separate schedules shall becompiled by the county assessor, footed and returned to the board of countycommissioners as provided for other assessment schedules.
(b) The board of county commissioners, at the time of makingthe levy for county purposes shall levy a tax for that year upon the taxableproperty in such district in its county for its proportionate share based onassessed valuation of the estimated amount of funds needed by each suchdistrict, but in no case shall the tax for such district exceed in any one (1)year the amount of three (3) mills for operation on each dollar of assessedvaluation of such property except as provided by subsection (c) of thissection. There shall be no limit on the assessment for the payment of principaland interest on bonds approved by the board of county commissioners andapproved by the electors of the district as provided in W.S. 35-2-415. Thetaxes and assessments of all special hospital districts shall be collected bythe county collector at the same time and in the same manner as state andcounty taxes are collected, provided, however, said assessment and tax leviedunder the provisions of this act shall not be construed as being a part of thegeneral county mill levy.
(c) Notwithstanding subsection (b) of this section, if theboard of trustees votes to increase the mill levy beyond three (3) mills asauthorized by subsection (b) of this section, the board of county commissionersshall call an election within the district upon the question of whether themill levy should be increased beyond three (3) mills. The election shall becalled, conducted and canvassed as provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the firstdate authorized under W.S. 22-21-103 which is not less than sixty (60) daysafter the trustees vote to increase the mill levy beyond three (3) mills. In noevent shall the tax in a district exceed in any one (1) year the amount of six(6) mills for operation and maintenance on each dollar of assessed valuation ofproperty. The increase in mill levy is effective only if the question isapproved by a majority of those voting thereon within the hospital district.The cost of any special election under this subsection shall be borne by theboard of trustees.
(d) If the proposition to authorize a mill levy is approved,the same proposition or a proposition to impose a mill levy in a differentamount, not to exceed three (3) mills, shall be submitted to the voters, untildefeated, at the second general election following the election at which theproposition was initially approved and at the general election held every four(4) years thereafter. If the proposition to impose or continue the tax isdefeated, the proposition shall not again be submitted to the electors for atleast twenty-three (23) months.
35-2-415. General obligation coupon bonds; requirements as to issuancegenerally; submission of question to electors.
Theboard of trustees of a hospital district may upon approval of the board ofcounty commissioners submit to the electors of the district the questionwhether the board shall be authorized to issue the general obligation couponbonds of the district in a certain amount, not to exceed five percent (5%) ofthe assessed value of the taxable property in the district, and bearing acertain rate of interest, payable and redeemable at a certain time, notexceeding twenty-five (25) years for the purchase of real property, for theconstruction or purchase of improvements and for equipment for hospitalpurposes.
35-2-416. General obligation coupon bonds; conduct and results ofelection.
Theelection authorized under W.S. 35-2-415 shall be called, conducted and theresults thereof canvassed and certified in all respects as near as practicablein the same manner as is provided for bond elections by the PoliticalSubdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
35-2-417. General obligation coupon bonds; issuance, form, notice,value, rejection of bids, and private sale.
Ifthe proposal to issue said bonds shall be approved, the board of trustees mayissue such bonds in such form as the board may direct and shall give notice bypublication in some newspaper published in the counties in which said districtis located and in some newspaper of general circulation in the capital of thisstate of its intention to issue and negotiate such bonds, and to invite bidderstherefor; provided that in no case shall such bonds be sold for less than theirfull or par value and the accrued interest thereon at the time of theirdelivery. And the said trustees are authorized to reject any bids, and to sellsaid bonds at private sale, if they deem it for the best interests of thedistrict.
35-2-418. General obligation coupon bonds; preparation and execution;register to be kept.
Afterascertaining the best terms upon and the lowest interest at which said bondscan be negotiated, the board shall secure the proper engraving and printing andconsecutive numbering thereof, and said bonds shall thereupon be otherwiseproperly prepared and executed. They must bear the signature of the presidentof the board of trustees and be countersigned by the secretary of the board andbear the district seal and be countersigned by the county treasurer of thecounty in which said district's funds are kept, and the coupons attached to thebonds must be signed by the said president, secretary and county treasurer; andthe secretary of the board shall endorse a certificate upon every such bond,that the same is within the lawful debt limit of such district and is issuedaccording to law and he shall sign such certificate in his official character.When so executed, they shall be registered by the county treasurer where saiddistrict's funds are kept in a book provided for that purpose, which must showthe number and amount of each bond and the person to whom the same is issued.
35-2-419. General obligation coupon bonds; payment guaranteed.
Thefull faith and credit of each hospital district is solemnly pledged for thepayment of the interest and the redemption of the principal of all bonds whichare issued by such district.
35-2-420. General obligation coupon bonds; payment of interest andprincipal.
Thecounty treasurer where said district's funds are kept may pay out of any moneysbelonging to said district tax fund, the interest and the principal upon anybonds issued by such district, when the same becomes due, upon the presentationat his office of the proper coupon or bond, which must show the amount due, andeach coupon must also show the number of the bond to which it belonged, and allbonds and coupons so paid, must be reported to the district trustees at theirfirst regular meeting thereafter.
35-2-421. General obligation coupon bonds; validity.
Allhospital districts heretofore formed and organized under the provisions ofchapter 58 of the Session Laws of Wyoming, 1949, or under the provisions ofchapter 141, Session Laws of Wyoming, 1951, are hereby declared to be dulyorganized and existing hospital districts; and all bonds heretofore issued andsold for the purpose of providing for the purchase of real property andimprovements and equipment for hospital purposes, by any hospital districtestablished under the provisions of chapter 58, Session Laws of Wyoming, 1949,or under the provisions of chapter 141, Session Laws of Wyoming, 1951, wherethe purchase money for such bonds has been actually received and retained forthe purpose for which such bonds were sold, are hereby declared to be the validand legally binding obligations of such district and all proceedings underwhich such bonds were issued are approved, ratified and declared valid.
35-2-422. Additional area within district; annexation; method.
(a) Whenever a hospital district has been established asprovided by law, it may be enlarged by annexation of additional, contiguousterritory within the county.
(b) Whenever a petition, signed by twenty-five percent (25%) ofthe registered electors residing within the area to be annexed in the countywhich is not part of an established hospital district in the county, ispresented to the board of county commissioners of the county, the countycommissioners shall within five (5) days request the board of trustees of theestablished hospital district either to approve or reject the petition.
(c) The board of trustees of the hospital district shall actupon the request within thirty (30) days. If no action is taken within thattime, the petition is deemed rejected by the trustees. If the petition isaccepted by the trustees, the board of county commissioners shall call anelection within the county upon the question of whether the area described bythe petition shall be annexed to the existing hospital district. The electionshall be called for the next election date authorized under W.S. 22-21-103which is not less than sixty (60) days after the petition is accepted and beconducted in accordance with the procedure for bond elections as provided bythe Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.The annexation is effective only if the question is approved by a majority ofthose voting thereon both within the existing hospital district and within thearea described by the petition. The board of county commissioners shall byresolution declare the district expanded by the additional area and shalldesignate a name for the expanded hospital district.
(d) After the resolution declaring the existence of theexpanded hospital district, the board of county commissioners shall call anelection for the purpose of election of trustees of the hospital district asexpanded. The board of trustees of the hospital district shall be qualifiedelectors of the entire district so expanded. The election shall be called for adate determined by the board of county commissioners and shall be held in themanner provided by law for the first election of trustees of the original district.Trustees of the original district shall remain in office until the trustees ofthe expanded district are elected and qualified.
35-2-423. Restriction on maintenance of hospitals in cities and towns.
Nocity or town which is within the boundaries of a special hospital districtorganized under W.S. 35-2-401 through 35-2-436 shall construct or operate ahospital more than one (1) year after the formation of the hospital district. Nothing in this section prohibits a city or town from contributing to thesupport of a hospital district.
35-2-424. Securities for acquiring and improving hospitals and relatedfacilities; issuance authorized; lines of credit and tax and revenueanticipation notes.
(a) The trustees of a hospital district established pursuant toW.S. 35-2-401, are hereby authorized to issue revenue bonds, notes and warrantsor other revenue securities, hereinafter referred to as securities, for thepurpose of acquiring, erecting, constructing, reconstructing, improving,remodeling, furnishing and equipping hospitals and related facilities, andacquiring a site or sites therefor, from time to time hereafter as the trusteesmay determine.
(b) If there are no monies available to the trustees of ahospital district before receipt of property taxes the trustees may issuewarrants in anticipation of the receipt of property taxes for payment ofoperational expenses. The aggregate amount of the warrants shall not exceed thetotal amount of taxes levied. The warrants shall be payable solely from thecollected taxes.
(c) The trustees of a hospital district may obtain financingfor its operations by entering into agreements for lines of credit with anyfinancial institution as defined in W.S. 13-1-101(a)(ix). The line of creditmay either be unsecured, or secured by a pledge of revenues anticipated to bereceived during the current fiscal year.
(d) In addition to its authority to issue warrants under thissection, the trustees of a hospital district may issue tax and revenueanticipation notes in amounts not to exceed eighty percent (80%) of the totalamount of taxes levied for operation of the district for the fiscal year duringwhich the notes are issued when the board determines that insufficient fundsare available to meet the obligations of the hospital during any fiscal year. Ahospital district shall not enter into agreements or issue instruments of thetype allowed by this section for any fiscal year until all debts financed bysuch agreements or instruments for any prior fiscal year have been paid infull. Tax and revenue anticipation notes issued under this subsection aresubject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 forstate tax and revenue anticipation notes, except:
(i) The authority of the state treasurer referenced in W.S.9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes;and
(ii) Notwithstanding W.S. 9-4-1105(a), investments of theproceeds of the notes by the board are limited to those investments authorizedunder W.S. 9-4-831.
35-2-425. Securities for acquiring hospitals and related facilities;requirements generally.
(a) Except as otherwise provided, securities issued hereundershall be authorized by resolution adopted by the trustees, shall bear date ordates, shall be in a denomination or denominations, shall mature at a time ortimes but in no event exceeding fifty (50) years from their date, shall be soldat public or private sale, and the securities and coupons shall be payable in amedium of payment at a banking institution or other place or places within orwithout the state, as determined by the trustees, may be made subject to priorredemption in advance of maturity in order or by lot or otherwise at a time ortimes without or with the payment of a premium or premiums not exceeding tenpercent (10%) of the principal amount of the security so redeemed, asdetermined by the trustees. The resolution may provide for the accumulation ofnet revenue for a reserve fund and shall contain other or further covenants andagreements as may be determined by the governing board for the protection ofbondholders.
(b) Any resolution authorizing the issuance of securities orother instruments appertaining thereto may provide for the capitalizing ofinterest on any securities during any period of construction estimated by thetrustees and one (1) year thereafter and any other cost of any project hereinauthorized, by providing for the payment of the amount capitalized from theproceeds of the securities.
(c) Securities may be issued with privileges for conversion orregistration, or both, for payment as to principal or interest, or both.
(d) Any resolution authorizing the issuance of securities, orany other instrument appertaining thereto may provide for their reissuance inother denominations in negotiable or nonnegotiable form and otherwise in suchmanner and form as the trustees may determine.
(e) Any resolution authorizing, or other instrumentappertaining to, any securities hereunder may provide that each security thereinauthorized shall recite that it is issued under authority hereof. Such recitalshall conclusively impart full compliance with all of the provisions hereof,and all securities issued containing such recital shall be incontestable forany cause whatsoever after their delivery for value.
(f) Subject to the payment provisions herein specificallyprovided, any securities, any interest coupons thereto attached, shall be fullynegotiable within the meaning of and for all the purposes of the Uniform CommercialCode, except as the trustees may otherwise provide, and each holder of suchsecurity, or of any coupons appertaining thereto, by accepting such security orcoupon shall be conclusively deemed to have agreed that such security or coupon(except as otherwise provided) is and shall be fully negotiable within themeaning and for all purposes of said Uniform Commercial Code.
(g) Notwithstanding any other provision of law, the trustees inany proceedings authorizing securities hereunder:
(i) May provide for the initial issuance of one (1) or moresecurities aggregating the amount of the entire issue or any part thereof;
(ii) May make such provisions for installment payments of theprincipal amount of any such security as it may consider desirable;
(iii) May provide for the making of any such security payable tobearer or otherwise, registrable as to principal or as to both principal andinterest, and where interest accruing thereon is not represented by interestcoupons, for the endorsing of payment of interest on such securities.
(h) Except for any securities which are registrable for paymentof interest, interest coupons payable to bearer and appertaining to thesecurities shall be issued and shall bear the original or facsimile signatureof the president of the trustees.
(j) Any securities herein authorized may be executed asprovided by W.S. 16-2-101 through 16-2-103.
(k) The securities and any coupons bearing the signature of theofficers in office at the time of the signing thereof, shall be valid andbinding obligations of the trustees, notwithstanding that before the deliverythereof and payment therefor, any or all of the persons whose signatures appearthereon shall have ceased to fill their respective offices.
35-2-426. Securities for acquiring hospitals and related facilities;not a general obligation of hospital district or trustees; payable from specialfund.
Thesecurities to be issued hereunder shall not constitute a general obligation ofthe hospital district, nor of the trustees, but shall be payable solely from aspecial fund to contain the net revenue to be derived from the operation of thehospitals and related facilities, such revenues being defined as thoseremaining after paying the costs of operating and maintaining said facilities.
35-2-427. Securities for acquiring hospitals and related facilities;issuance from time to time in one or more series.
Thesecurities authorized hereby may be issued from time to time and in one (1) ormore series as the trustees may determine.
35-2-428. Securities for acquiring hospitals and related facilities;obligation of trustees to holders; suit for default, misuse of funds.
Theobligation of the trustees to the holders of the securities shall be limited toapplying the funds, as set forth above, to the payment of interest andprincipal on said securities, and the securities shall contain a provision tothat effect. In the event of default in the payment of said securities or theinterest thereon, and in the event that the trustees are misusing such funds ornot using them as provided by this act and the resolution authorizing thesecurities, or in the event of any other breach of any protective covenant orother contractual limitation, then such holders, or any of them, may bring suitagainst the trustees in the district court of the county in which the hospitalor any of its related facilities are located for the purpose of restraining thetrustees from using such funds for any purpose other than the payment of theprincipal and interest on such securities in the manner provided, or for anyother appropriate remedy.
35-2-429. Construction to be done by contract based on competitivebidding; alternate delivery methods.
(a) Except as provided under subsection (b) of this section andotherwise, the work of constructing the various buildings shall be done bycontract based on competitive bidding. Notice of call for bids shall be forsuch period of time and in such manner as the trustees may determine, and thetrustees shall have the power to reject any and all bids and readvertise forbids as they consider proper.
(b) Any hospital district may contract for design andconstruction services through an alternate delivery method as defined in W.S.16-6-701.
35-2-430. Board may insure facilities.
Theboard may insure said facilities against public liability, property damage orloss of revenues from any cause.
35-2-431. Investment in securities.
Securitiesissued pursuant to this act shall be eligible for investment by bankinginstitutions and for estate, trust, and fiduciary funds, and such securitiesand the interest thereon shall be exempt from taxation by this state and anysubdivision thereof. The state treasurer of the state of Wyoming with theapproval of the governor and the attorney general is hereby authorized toinvest any permanent state funds available for investment in the securities tobe issued hereunder.
35-2-432. Refunding securities.
(a) Any securities of the board of a hospital district issuedhereunder or pursuant to any other act and payable from any pledged revenuesmay be refunded by the board by the adoption of a resolution or resolutions bythe board authorizing the issuance of securities at public or private sale:
(i) To refund, pay, and discharge all or any part of suchoutstanding securities of any one (1) or more or all outstanding issues,including any interest thereon in arrears, or about to become due for anyperiod not exceeding three (3) years from the date of the refunding securities;or
(ii) For the purpose of reducing interest costs or effectingother economies; or
(iii) For the purpose of modifying or eliminating restrictivecontractual limitations appertaining to the issuance of additional bonds,otherwise concerning the outstanding securities, or to any facilitiesappertaining thereto; or
(iv) For the purpose of avoiding or terminating any default; or
(v) For any combination thereof.
(b) Nothing contained in this act nor in any other law of thisstate shall be construed to permit the board to call securities now orhereafter outstanding for prior redemption in order to refund such securitiesor in order to pay them prior to their stated maturities, unless the right tocall such securities for prior redemption was specifically reserved and statedin such securities at the time of their issuance.
(c) Except as provided in this section, refunding securitiesshall be subject to the same rights, liabilities, conditions and covenants asare provided for the securities contained in this act.
35-2-433. Powers and responsibility of board of trustees.
Theboard of trustees have plenary powers and responsibility for the acquisition,construction, and completion of all projects authorized by the resolution toissue revenue securities or refunding securities.
35-2-434. Board may accept grants.
Theboard may accept grants of money or materials or property of any kind from thefederal government, the state, any agency or political subdivision thereof, orany person, upon such terms and conditions as the federal government, thestate, or such agency or political subdivision, or person may impose.
35-2-435. Charges and rentals.
Theboard shall establish and collect charges for services and rentals for use offacilities furnished, acquired, constructed, or purchased from the proceeds ofsuch securities, sufficient to pay the principal or the interest, or both, onthe securities as they become due and payable, together with such additionalsums as may be deemed necessary for accumulating reserves and providing forobsolescence and depreciation and to pay the expenses of operating andmaintaining such facilities. The board shall establish all other charges, fees,and rates to be derived from the operation of the hospital or any otherfacility of the hospital district.
35-2-436. Liberal construction.
Thisact being necessary to secure the public health, safety, convenience andwelfare, shall be liberally construed to effect its purposes.
35-2-437. Trustee districts by rule; requirements.
Whenthe assessed valuation of the property within a hospital district exceeds threemillion dollars ($3,000,000.00), the board of trustees for that hospitaldistrict may divide the district into no more than three (3) trustee districtsand provide for the election of at least one (1) trustee from each trusteedistrict. To become effective, the rule creating trustee districts shall beapproved by order of the board of county commissioners of the county in whichthe greater area of property within the district is located. All trustees shallbe residents or property owners of the trustee district from which elected. Theboard of trustees may provide for the trustees to be elected at-large if thesetrustees are residents of the hospital district.
35-2-438. Dissolution.
(a) Subject to the requirements of this section, the trusteesof a hospital district may vote to dissolve and terminate the district. Theplan to dissolve and terminate the district shall provide for the following:
(i) Payment of all bonded and other indebtedness against thedistrict;
(ii) Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital orhealth care facility which provides services to the residents of the hospitaldistrict upon such conditions as agreed to by the nonprofit or governmentalhospital or health care facility, or conveyed to the county to be used solelyfor health care purposes by the county.
(b) Before any plan to dissolve and terminate a hospitaldistrict is effective, the plan shall be approved by a majority of thequalified electors of the hospital district who vote on the question. The voteon the question may be submitted to the qualified electors at an electionfollowing the provisions of W.S. 22-29-404 as applicable. The question to bepresented to the qualified electors is: "Shall Hospital District .... bedissolved in accordance with the plan of dissolution approved by the board oftrustees?"
Yes No
(c) If the qualified electors of the district approve thedissolution and termination plan, the board of trustees are empowered to takeall action necessary to effectuate the plan and dissolve and terminate thehospital district.
ARTICLE 5 - WYOMING SANITARIUM
35-2-501. Repealed by Laws 1982, ch. 62, 4.
35-2-502. Repealed by Laws 1982, ch. 62, 4.
35-2-503. Repealed by Laws 1982, ch. 62, 4.
ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION
35-2-601. Repealed by Laws 1991, ch. 194, 2.
35-2-602. Repealed by Laws 1991, ch. 194, 2.
35-2-603. Repealed by Laws 1991, ch. 194, 2.
35-2-604. Repealed by Laws 1991, ch. 194, 2.
35-2-605. Definitions.
(a) As used in this act, unless the context otherwise requires:
(i) "Audit" means an assessment, evaluation,determination or investigation of a hospital or a health care provider by aperson not employed by or affiliated with the provider to determine compliancewith:
(A) Statutory, regulatory, fiscal, medical or scientificstandards;
(B) A private or public program of payments to a hospital orhealth care provider; or
(C) Requirements for licensing, accreditation or certification.
(ii) "Data" means all reports, notes, findings,opinions or records of any hospital medical staff committee, including itsconsultants, advisors and assistants;
(iii) "Directory information" means informationdisclosing the presence and the general health condition of a particularpatient who is an inpatient in a hospital or who is currently receiving emergencyhealth care in a hospital;
(iv) "General health condition" means the patient'shealth status described in terms of "critical," "poor,""fair," "good," "excellent" or terms denotingsimilar conditions;
(v) "Health care" means any care, service orprocedure provided in a hospital licensed under the laws of this state:
(A) To diagnose, treat or maintain a patient's physical ormental condition; or
(B) That affects the structure or any function of the humanbody.
(vi) "Health care facility" means a hospital, clinicor nursing home where a health care provider provides health care to patients;
(vii) "Health care information" means any information,whether oral or recorded in any form or medium, that identifies or can readilybe associated with the identity of a patient and relates to the patient'shealth care, and includes any record of disclosures of that information;
(viii) "Health care provider" means a person who islicensed, certified or otherwise authorized by the law of this state to providehealth care in the ordinary course of business or practice of a profession, butdoes not include a person who provides health care solely through the sale ordispensing of drugs or medical devices;
(ix) "Hospital" means establishments with organizedmedical staffs, with permanent facilities that include inpatient beds, and withmedical services, including physician services and continuous nursing services,to provide diagnosis, treatment and continuity of care for patients;
(x) "Hospital medical staff committee" means anycommittee within a hospital, consisting of medical staff members or hospitalpersonnel, which is engaged in supervision, discipline, admission, privilegesor control of members of the hospital's medical staff, evaluation and review ofmedical care, utilization of the hospital facilities or professional training;
(xi) "Institutional review board" means any board,committee or other group formally designated by an institution, or authorizedunder federal or state law, to review, approve the initiation of, or conductperiodic review of research programs to assure the protection of the rights andwelfare of human research subjects;
(xii) "Maintain," as related to health careinformation, means to hold, possess, preserve, retain, store or control thatinformation;
(xiii) "Patient" means an individual who receives or hasreceived health care and includes a deceased individual who has received healthcare;
(xiv) "This act" means W.S. 35-2-605 through 35-2-617.
35-2-606. Disclosure of health care information by hospital.
(a) Except as authorized in W.S. 35-2-609, a hospital or anagent or employee of a hospital shall not disclose any hospital health careinformation about a patient to any other person without the patient's writtenauthorization. A disclosure made under a patient's written authorization shallconform to the terms of that authorization.
(b) A hospital shall maintain, in conjunction with a patient'srecorded health care information, a record of each person who has received orexamined, in whole or in part, the recorded health care information during thenext preceding three (3) years, except for a perso
