Title 16, TITLE 16. HEALTH

Sec. 1. (a) The executive of a county or the fiscal body of a city may accept gifts, devises, and bequests, in trust or otherwise, for the purpose of erecting and equipping a suitable building for the county or city health department. (b) The building may contain the offices of l…

proceeds Sec. 2. (a) The gifts, devises, and bequests accepted under this chapter may be in the form of cash or real, personal, or mixed property that, in accordance with the terms of a gift, devise, or bequest, may be converted into cash by the county executive or city fiscal bo…

Sec. 3. Upon the accumulation of a sufficient amount to construct and equip a building for the county or city health department as provided in this chapter, the county executive or city fiscal body may, after consultation with local health boards and officers and after approval o…

Sec. 4. (a) Real property and easements or appurtenances may be acquired by any of the following methods: (1) Gift as provided in section 1 of this chapter. (2) Purchase with money accepted for that purpose. (3) Condemnation proceedings as prescribed by statute. (b) Upon condemna…

Sec. 5. A gift, grant, or conveyance made under this chapter is upon the implied condition that if sufficient money is not available within ten (10) years of the acceptance of the gift, grant, or conveyance, the property or the proceeds from the property, may be used by the count…

Sec. 0.1. As used in this chapter, "contractual allowances" means the difference between revenue at established rates and amounts realizable from third party payors under contractual agreements. As added by P.L.94-1994, SEC.12.

Sec. 0.2. As used in this chapter, "education related costs" means the unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting educational benefits, services, and programs, including: (1) education of physicians, nurses, technicians, and other m…

Sec. 1. As used in this chapter, "gross patient revenue" means inpatient and outpatient revenue from services to patients, including payments received from or on behalf of individual patients. [Pre-1993 Recodification Citation: 16-10-5-1 part.] As added by P.L.2-1993, SEC.4.

report Sec. 10. Each year the state health commissioner or the commissioner's designee shall make a compilation of the data obtained from the reports required under sections 3 and 6 of this chapter and report in an electronic format under IC 5-14-6 the findings and recommendation…

Sec. 11. (a) The state department shall annually publish a consumer guide to Indiana hospitals. The state department shall compile the data for the consumer guide from the relevant data required to be filed under sections 3 and 6 of this chapter and publish the data in an underst…

Sec. 12. Any person who is a custodian of confidential data at the state department and who knowingly or intentionally: (1) discloses, distributes, or sells confidential data obtained under this chapter; or (2) identifies a specific patient in violation of section 7 of this chapt…

Sec. 2. As used in this chapter, "net patient revenue" means gross patient revenue less deductions for contractual adjustments, bad debts, and charity. [Pre-1993 Recodification Citation: 16-10-5-1 part.] As added by P.L.2-1993, SEC.4.

Sec. 3. (a) Each hospital shall file with the state department a report for the preceding fiscal year within one hundred twenty (120) days after the end of the hospital's fiscal year. For the filing of a report for 2022, the state department shall grant an extension of the time t…

[Pre-1993 Recodification Citation: 16-10-5-2(b).] As added by P.L.2-1993, SEC.4. Repealed by P.L.1-2010, SEC.156.

Sec. 5. If further fiscal information is necessary to verify the accuracy of any information contained in the reports filed under section 3 of this chapter, the state department may require the facility to produce the records necessary to verify that information. [Pre-1993 Recodi…

Sec. 6. In addition to the report filed under section 3 of this chapter, each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department, or the state department's designated contractor, inpatient and outpati…

of patients; public inspection; copies Sec. 7. (a) The reports filed under section 3 of this chapter: (1) may not contain information that personally identifies a patient or a consumer of health services; and (2) must be open to public inspection. (b) The state department shall p…

Sec. 8. The state department may, through the attorney general, seek to compel compliance with this chapter through injunctive relief. [Pre-1993 Recodification Citation: 16-10-5-4.] As added by P.L.2-1993, SEC.4.

Sec. 9. (a) The state department shall adopt rules under IC 4-22-2 necessary to carry out this chapter. (b) The rules adopted under this section must include rules that establish a uniform system for completing the reports required under sections 3 and 6 of this chapter. (c) The …

Sec. 1. As used in this chapter, "authority" means the hospital association created by section 2 of this chapter. [Pre-1993 Recodification Citation: 16-12-20-27(b).] As added by P.L.2-1993, SEC.5.

Sec. 10. A member may not have a pecuniary interest in a contract, an employment, a purchase, or a sale made under the provisions of this chapter. A transaction in which a director has a pecuniary interest is void. [Pre-1993 Recodification Citation: 16-12-20-7.] As added by P.L.2…

Sec. 11. (a) All necessary preliminary expenses actually incurred by the governing board to make surveys, prepare estimates of costs and receipts, employ architects, engineers, attorneys, or other consultants, give notices, take options, and all other expenses that must be paid b…

Sec. 12. The governing board of the authority may do the following: (1) Finance and construct or renovate a building for hospital use on land owned by the authority and lease the land and building to the county in which the authority has been created. (2) Sue and be sued and plea…

Sec. 13. Each county may lease land and a building from the authority for hospital purposes. A contract of lease on a particular building may not be entered into for more than forty (40) years but the contract may be renewed for a like or lesser time. [Pre-1993 Recodification Cit…

Sec. 14. A county may, in anticipation of the construction, erection, or renovation of a building, including the necessary equipment and appurtenances, enter into a contract of lease with the authority before the acquisition of a site and the construction, erection, or renovation…

Sec. 15. A lease executed under this chapter may provide for the payment of the lease rental in one (1) of the following ways: (1) Entirely from the levy of taxes. (2) Entirely from the net revenues of the hospital of which the leased building or buildings are a part. (3) In part…

Sec. 17. (a) If a lease provides for the payment of lease rentals for a cumulative building fund, part or all of the cumulative building fund and the tax levied for the cumulative building fund may be committed and pledged to the payment of lease rental. To the extent the amount …

Sec. 18. When the authority, the governing board of the hospital, the county executive, and a majority of the county fiscal body of the county have agreed upon the terms and conditions of a lease proposed to be entered into under the terms and conditions of this chapter and befor…

Sec. 19. Following the hearing the county executive may authorize the execution of the lease originally agreed on or make modifications agreed on with the authority, the governing board, and the county fiscal body. The authorization must be by an order entered in the official rec…

Sec. 2. The county executive of a county owning and operating only one (1) county hospital may, upon written request by the governing board of the hospital, adopt a resolution for the creation of an authority under this chapter. Upon the adoption of the resolution an authority is…

Sec. 20. (a) If the execution of the original or a modified lease is authorized, notice of the signing shall be published on behalf of the county one (1) time in a newspaper of general circulation and published in the county. Except as provided in subsection (b), at least ten (10…

finance Sec. 21. On the filing of the petition the county auditor shall immediately certify a copy, together with other data necessary to present the questions involved, to the department of local government finance. [Pre-1993 Recodification Citation: 16-12-20-13(b) part.] As add…

Sec. 22. On receipt of the certified petition and information, the department of local government finance shall fix a time in the county for the hearing that shall be not less than five (5) or more than fifteen (15) days after receipt. The department of local government finance m…

Sec. 23. An action to contest the validity of the lease or to enjoin the performance of the terms and conditions of the lease may not be instituted more than thirty (30) days after publication of notice of the execution of the lease or, if an appeal is taken to the department of …

Sec. 24. (a) A lease: (1) may provide that the lessee has an option to renew the lease for a like or lesser term; and (2) must contain an option to purchase at any time after ten (10) years from the execution of the lease and before the expiration of the term of the lease on a da…

Sec. 25. Before the execution of a lease the governing board of the hospital and the county executive shall approve the plans, specifications, and estimates of cost for the building, equipment, and appurtenances that the authority proposes to lease to a lessee. The plans and spec…

Sec. 26. (a) A county desiring to erect or renovate a building on land owned or to be acquired by the county may sell land or a building, or both to the authority. Before the sale may take place, the county executive, with the approval of the county fiscal body, shall file a peti…

to reimburse county with hospital for portion of lease rental; procedure Sec. 27. (a) As used in this section, "contributing county" means a county without a county hospital that is contiguous to a county with a county hospital. (b) As used in this section, "lessee county" means …

citizens Sec. 28. The citizens of a contributing county under section 27 of this chapter have the same rights and privileges in the hospital as the citizens of the county where the hospital is located. [Pre-1993 Recodification Citation: 16-12-19-2.] As added by P.L.2-1993, SEC.5.…

Sec. 29. (a) The governing board may issue revenue bonds of the authority to procure funds to pay the cost of a building to be built, acquired, renovated, or acquired and renovated under this chapter, and to repay advances for preliminary expenses made to the authority by the cou…

Sec. 3. (a) Not more than sixty (60) days after the filing of the certified copy of the resolution described under section 2 of this chapter, the county executive shall appoint five (5) residents of the county as directors of the county hospital building authority. (b) The initia…

Sec. 30. The proceeds of bonds issued under this chapter, after reimbursement to the county for preliminary expenses as provided in section 11 of this chapter, shall be applied to the payment of the costs of acquisition, construction, or renovation of the building for which the b…

Sec. 31. (a) The governing board may secure the bonds by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank in Indiana having trust powers. (b) The trust indenture may do the following: (1) Mortgage the land o…

Sec. 32. (a) The county fiscal body of a county that has entered into a lease under this chapter shall annually levy a tax sufficient to produce, with other funds available, funds sufficient to pay the lease rental provided to be paid from taxes. (b) Net revenues of the hospital …

Sec. 33. (a) If: (1) a county enters into a lease under this chapter, under which the lease rental is payable in whole or in part from the net revenues of the hospital of which the leased buildings are a part; and (2) the governing board of the hospital covenants in the lease to …

Sec. 34. The following are exempt from state taxation except for the financial institutions tax imposed under IC 6-5.5: (1) Property owned by the authority. (2) Revenues of the authority. (3) Bonds or other securities and the interest on bonds and securities issued by the authori…

Sec. 35. The state board of accounts may supervise and audit the funds of the authority. An officer or employee of the authority authorized to receive, disburse, or in any way handle funds or negotiable securities of the authority shall execute a bond payable to the state, with s…

Sec. 36. An authority may be liquidated after the authority's securities are redeemed, debts are paid, and leases are terminated if the board of directors files a report with the circuit court, superior court, or probate court showing the facts and stating that the liquidation is…

Sec. 38. A county and an authority that have entered into or propose to enter into a lease under this chapter may enter into a party wall agreement or other agreement concerning the attaching of an addition to a hospital building if the agreement is approved by the governing boar…

Sec. 39. For the purposes of this chapter, county executive action or approval for the appropriation and expenditure of county tax money includes approval by the county fiscal body. A lease entered into by the county executive with the hospital building authority or association i…