Title 16, TITLE 16. HEALTH

[Pre-1993 Recodification Citation: 16-10-1-12(a).] As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.

Sec. 9. (a) The state health commissioner may, for good cause shown, waive a rule: (1) adopted under this chapter; or (2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article. (b) A waiver may not be…

Sec. 1. This article applies to the following: (1) Hospitals organized or established before September 2, 1971, under IC 16-12 or IC 16-12.1. (2) Hospitals organized or established under IC 16-12 or IC 16-12.1 before July 1, 1993. (3) Hospitals organized or established under this…

Sec. 1. This chapter applies to the following: (1) Each third class city that: (A) adopted IC 16-12.2-5 (before its repeal on July 1, 1993); or (B) adopts this chapter; by ordinance. (2) Each city to which IC 16-12.2-5 applied before September 1, 1981. [Pre-1993 Recodification Ci…

appointing board membership Sec. 10. (a) The appointments of members of the hospital governing board may not be made before the third Monday of January in the respective years and shall be made by the appointing board. (b) If the county executive in any year fails to appoint one …

bonds Sec. 11. (a) The appointing board established under section 4 of this chapter shall issue a certificate of appointment to each member of the board of directors chosen. The certificate shall be executed by a majority of the appointing board and attested by the county auditor…

Sec. 12. (a) The governing board shall hold one (1) regular meeting each month at a time and place to be fixed by the board. The meeting must be held in a convenient place in the city in which the hospital is located. Special meetings of the board may be held on written notice by…

Sec. 13. (a) The city clerk-treasurer is ex officio treasurer of the board of directors, unless the board appoints a separate treasurer under section 14 of this chapter. The clerk-treasurer serves without additional compensation and does not have a vote on any matter or question …

Sec. 14. (a) If the governing board desires to have a separate treasurer, the board shall adopt a resolution providing for a separate treasurer for the hospital and the governing board. The resolution must be adopted at least one hundred (100) days before the beginning of a calen…

Sec. 15. The treasurer shall receive, deposit, and pay out all money of the board and hospital as ordered and shall sign all checks or other evidences of indebtedness when authorized by board action. [Pre-1993 Recodification Citation: 16-12.2-5-9(h).] As added by P.L.2-1993, SEC.…

Sec. 16. (a) The governing board shall organize each year by the election of officers at the regular February meeting or the first called meeting in that month. The officers of the board are president, vice president, secretary, and treasurer. The officers must be board members, …

Sec. 17. (a) The president shall preside at the regular and special meetings of the governing board and shall perform all other duties that are authorized or required by the board or the board's bylaws, rules, and regulations. (b) The vice president shall discharge the duties of …

Sec. 19. (a) The governing board shall do the following: (1) Control and manage the city hospital. (2) Make and establish all necessary or proper bylaws and rules for the maintenance and operation of the hospital. (3) Fix reasonable rates to patients for rooms, care, treatment, a…

Sec. 19.5. The governing board of a hospital organized or operated under this article may enter into a group purchasing agreement to purchase medical malpractice insurance with the following: (1) One (1) or more hospitals organized or operated under this article. (2) One (1) or m…

Sec. 2. The city and county officers shall appropriate sufficient money annually and levy a tax annually on the taxable property in the county to meet a deficiency that exists, or is reasonably anticipated by the board of directors of the hospital, to maintain, equip, and operate…

Sec. 21. (a) The hospital may not discriminate among patients due to the following: (1) Race, color, or sex. (2) Occupational, economic, or social status. (3) Political or religious belief or the lack of political or religious belief. (b) The hospital must also be open to all lic…

Sec. 22. The governing board may do the following: (1) Purchase or lease equipment, appliances, and other personal property for the operation and maintenance of the hospital. (2) Sell or exchange equipment or personal property of the hospital or trade the equipment or personal pr…

Sec. 23. (a) This section applies to the award of a contract under this chapter for the procurement of property by acceptance of bids, proposals, or quotations. (b) A bid, proposal, or quotation submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each: (1) beneficia…

Sec. 24. (a) If the city fiscal body authorizes the borrowing by ordinance, the board of directors may borrow money by negotiating a temporary loan in anticipation of taxes already levied and in process of collection or distribution in the current year. (b) The notes, warrants, o…

retirement plan; powers and duties Sec. 25. (a) The governing board shall employ an experienced and a qualified person as superintendent of the hospital and other agents, employees, representatives, and servants that the board considers necessary. The board may fix salaries or co…

Sec. 26. (a) Before August 2 of each year, the governing board shall do the following: (1) Analyze, estimate, compute, and consider the following for the current year and the next year for which the budget is being prepared: (A) The income from patients, trust funds, gifts, donat…

Sec. 27. If the estimate and budget show no anticipated deficiency for the next calendar year, the city and the county may not levy any tax on the property of the city or county for the ensuing year. [Pre-1993 Recodification Citation: 16-12.2-5-17(c).] As added by P.L.2-1993, SEC…

Sec. 28. (a) If the budget and estimate filed in the auditor's office of the county in any year shows an anticipated deficiency, the amount of the deficiency shall be set out in the copy of the budget and estimate filed, and the board shall request that the fiscal body of the cou…

Sec. 29. (a) If the county fiscal body is not authorized to appropriate sufficient funds under this chapter to meet an anticipated deficiency in any one (1) year reported and filed in the offices of the county auditor and city clerk-treasurer, the city fiscal body may appropriate…

actions legalized Sec. 3. (a) A governing board shall manage the hospital. The board consists of seven (7) members, all of whom must be qualified voters of the county in which the hospital is located. (b) One (1) or two (2) of the members may be a licensed and practicing physicia…

Sec. 30. The fiscal body of the county and the fiscal body of the city may make additional appropriations of funds during any calendar year to meet an emergency for hospital expenditures authorized under this chapter, payable out of any part of the general fund of the county or c…

Sec. 31. (a) If the annual budget and appropriations, or any additional appropriations or transfers of money, made or proposed by the board of directors, excluding any cumulative building money: (1) is not based upon or derived in part from a tax levy on property in the county or…

Sec. 32. (a) The county treasurer shall collect all hospital aid taxes levied by the county fiscal body or city fiscal body as other taxes on property are collected, and the county auditor shall pay over the amount to the clerk-treasurer of the city. The amount shall be placed in…

examination Sec. 33. The business records, books, papers, and physical property of the hospital shall be kept open at all reasonable times to the inspection and examination of the following: (1) The state board of accounts. (2) The city executive, the city fiscal body, and the bo…

Sec. 33.5. Any information concerning the specific salaries paid to individual employees of a hospital may be withheld by the hospital from disclosure under IC 5-14-3. However, the information must be provided to the entities described in section 33 of this chapter. Any entity sh…

acceptance and control Sec. 34. (a) The governing board may accept gifts, donations, bequests, and devises, and property in trust for the use and benefit of the hospital. The board shall recommend and the city fiscal body, by resolution or ordinance, must approve the terms and ac…

legislative bodies Sec. 35. (a) If the city legislative body of a city having a city hospital determines that the city hospital's buildings and facilities are or will soon become insufficient to serve the needs of the residents of the city and of the county in which the city is l…

Sec. 36. (a) The ordinance specified in section 35 of this chapter shall provide for the following: (1) The issuance, sale, execution date, and principal of each bond to be issued. (2) The number of bonds and the aggregate principal of the bond issue. (3) The payment of interest …

board Sec. 37. (a) The governing board may design, order, contract for, and execute the following: (1) The construction of other buildings at the same or a different location to replace or supplement a hospital building. (2) The construction of an adequate and a proper extension …

Sec. 38. The city and the governing board may, by the proper officers, do the following: (1) Apply for, accept, and receive federal funds or grants available to aid the hospital project. (2) Agree to and carry out the terms of the grant. (3) Execute any necessary applications, co…

Sec. 4. (a) Appointments to the governing board shall be made by an appointing board consisting of the following: (1) The city executive of the city in which the hospital is located. (2) A member of the county fiscal body to be chosen by the county fiscal body of the county. (3) …

Sec. 4.1. A member of an appointing authority for the governing board of a hospital established and operated under this article may not serve on the hospital's governing board. As added by P.L.100-2002, SEC.17.

Sec. 40. (a) The governing board may request a cumulative hospital building fund and a tax rate upon all taxable property in the county in which the hospital is located to finance the fund. If a resolution is approved by majority vote of all members at a regular or special board …

Sec. 41. All claims against the hospital for money payable for services provided, items furnished, or expenses incurred at or for the hospital shall be considered and allowed or disallowed, in whole or in part, as the board of directors considers proper. The allowance or disallow…

Sec. 43. If a city to which this chapter applies becomes a city of a different class, the hospital may continue to be maintained, operated, improved, remodeled, and enlarged, and real property acquired, as provided in this chapter as if the classification had not changed. [Pre-19…

Sec. 44. A city hospital operating under this chapter may operate jointly with a county hospital in the same county created under IC 16-22-13. Joint operation may include joint employment of an administrator and other personnel, joint policies, joint purchases, joint services, an…

property Sec. 45. (a) The governing board has the same rights and powers as the hospital board of a county hospital under IC 16-22-2, except when those rights and powers are in conflict with the rights and powers granted to a city hospital under this chapter. However, a city hosp…

property; loans Sec. 46. (a) This section applies to the sale of real property by the governing board. (b) If real property is sold by acceptance of bids, a bid submitted for the property by a trust (as defined in IC 30-4-1-1(a)) must identify the following: (1) Each beneficiary …

subsidies Sec. 47. (a) The board of directors has the authority and powers granted to boards of nonprofit corporations under IC 23-17, including the powers to do the following: (1) Enter shared service agreements and other cooperative ventures. (2) Join or sponsor memberships in …

Sec. 5. (a) The appointing board shall hold regular meetings to appoint members of the governing board on the third Monday of January in each year, but may adjourn from day to day until appointments are made for all expired or vacant memberships on the governing board. (b) Except…

Sec. 6. An individual is not prohibited from serving as a member of the board of directors if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the hospital. However, the member shall disclose the interest or profit i…

Sec. 7. Whenever a vacancy occurs on the governing board, the existing governing board shall submit a list of three (3) candidates for each vacancy to be filled to the appointing authority. Each candidate submitted by the governing board must meet the requirements concerning boar…

Sec. 8. (a) For each vacancy, the appointing authority may do one (1) of the following: (1) Appoint one (1) of the three (3) candidates submitted by the governing board. (2) Request and receive from the governing board a second list of three (3) candidates. (3) Appoint an individ…

Sec. 9. (a) The directors shall be appointed on the third Monday of January. (b) The initial terms of the governing board are as follows: (1) Two (2) members for one (1) year. (2) Two (2) members for two (2) years. (3) One (1) member for three (3) years. (4) Two (2) members for f…

restricted Sec. 1. A hospital organized under: (1) this article; or (2) IC 16-11 (before its repeal on July 1, 1993); may treat patients with chronic diseases other than tuberculosis. However, funds from the state contributed for tuberculosis cases are available only to individua…