Title 16, HEALTH

Sec. 31.3. (a) This section applies only if the governor has declared an emergency under IC 10-14-3. (b) As used in this section, "executive order" refers to an executive order issued by the governor under IC 10-14-3. (c) As used in this section, "local order" refers to the healt…

Sec. 31.5. (a) The recipient of an enforcement action taken by the division of public health through its powers, functions, and duties described in section 31(a) of this chapter in response to: (1) a declared local public health emergency determined by a local health department o…

Sec. 31.7. (a) This section applies to a recipient of an enforcement action taken by the division of public health through its powers, functions, and duties described in section 31(a) of this chapter in response to: (1) a declared local public health emergency determined by a loc…

Sec. 32. The board shall appoint a director of the division of public hospitals to serve for a term of four (4) years unless sooner removed for cause. The director is eligible for reappointment. The director shall supervise the division of hospitals under the jurisdiction of the …

exception if septic system is failing Sec. 34. (a) The board or corporation may do all acts necessary or reasonably incident to carrying out the purposes of this chapter, including the following: (1) As a municipal corporation, sue and be sued in any court with jurisdiction. (2) …

Sec. 34.5. The corporation 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 more hospitals organized or operated under IC 16-23. As adde…

Sec. 35. The corporation shall keep accounts and records of receipts and disbursements as prescribed by the state board of accounts. [Pre-1993 Recodification Citation: 16-12-21-29.] As added by P.L.2-1993, SEC.5. Amended by P.L.88-2006, SEC.6.

Sec. 35.5. 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 state board of accounts upon request. The state board of accoun…

Sec. 37. The powers, authority, and duties conferred on the corporation and the corporation's officers and employees under this chapter extend throughout the county and may extend outside the county on terms and conditions the board prescribes that are consistent with this chapte…

Sec. 38. Whenever a power, an authority, or duty is imposed by this chapter upon the corporation or the corporation's officers that on July 1, 1952, was imposed on another municipal corporation or political subdivision or the corporation's or political subdivision's officers, pow…

Sec. 39. (a) A hospital owned, operated, or managed by the corporation shall be for the benefit of the residents of the county and of every person who becomes sick, injured, or maimed within the county. (b) A patient who is able to pay shall pay to the corporation a reasonable co…

Sec. 4. As used in this chapter, "division director" and "director of a division" mean the chief executive officer of a division. [Pre-1993 Recodification Citation: 16-12-21-1 part.] As added by P.L.2-1993, SEC.5.

Sec. 40. Whenever the board determines that there is a need for an additional hospital or an addition or improvement to an existing hospital, the board may purchase suitable grounds, construct suitable buildings and improvements for hospital purposes, and do all that is necessary…

Sec. 41. (a) The board may provide a cumulative building fund under IC 6-1.1-41 to erect hospital buildings, additions, or other buildings, remodel buildings, or acquire equipment needed to carry out this chapter. The cumulative building fund may be funded by a property tax levy …

Sec. 42. If the corporation and the owner of real property desired for a hospital, a health care facility, or an administrative facility cannot agree on the price, the corporation has the right to condemn. Condemnation proceedings may be instituted in the name of the corporation …

Sec. 43. (a) The corporation may issue general obligation bonds to procure funds to pay the cost of acquiring real property or constructing, enlarging, improving, remodeling, repairing, or equipping buildings for use as a hospital, a health care facility, or an administrative fac…

Sec. 44. The board may issue funding or refunding bonds to fund or refund a judgment, bonds, or other obligations of the corporation. The board is not required to file a petition requesting the issuance of funding or refunding bonds. [Pre-1993 Recodification Citation: 16-12-21-39…

Sec. 45. (a) Temporary loans may be authorized and made by the board of trustees in anticipation of the collection of taxes of the corporation actually levied and in course of collection for the fiscal year in which the loans are made. The loans shall be authorized by ordinance a…

Sec. 46. The board shall appoint a treasurer of the corporation to serve for a term of four (4) years unless sooner removed for cause. The treasurer shall give bond in the amount and with the conditions prescribed by the board and with surety approved by the board. All money paya…

Sec. 47. Money shall be drawn from the treasury of the corporation under Indiana law. [Pre-1993 Recodification Citation: 16-12-21-42.] As added by P.L.2-1993, SEC.5.

Sec. 48. (a) The executive director is ex officio the auditor of the corporation. The executive director shall give bond in an amount and with conditions and surety prescribed and approved by the board. The executive director shall keep an accurate account of appropriations made …

Sec. 49. The auditor shall annually submit to the board, and more often if required by the board, a report of the accounts exhibiting the revenues, receipts, and disbursements, the sources of the revenues and funds, and how the funds have been disbursed. [Pre-1993 Recodification …

Sec. 5. As used in this chapter, "hospital": (1) means a hospital (as defined in IC 16-18-2-179(b)) that is owned, operated, or managed by a municipality or political subdivision within the territorial jurisdiction of the corporation created by section 6 of this chapter; and (2) …

Sec. 50. The board shall annually prepare a budget for the operating and capital expenditures of the corporation and shall calculate the tax levy necessary to provide money for the operating and capital expenditures of the corporation. The budget shall be prepared and submitted a…

Sec. 51. The tax levy approved by the department of local government finance shall be assessed and collected by the county treasurer of the county within which the corporation is located as other taxes are levied and collected. The county treasurer shall remit all taxes to the tr…

Sec. 52. The board shall act as a board of finance in accordance with Indiana law relating to the deposit of public funds by municipalities. [Pre-1993 Recodification Citation: 16-12-21-47.] As added by P.L.2-1993, SEC.5.

Sec. 53. The board may require a bond on any of the officers or employees of the corporation in the amount and with the terms and conditions and surety approved by the board. [Pre-1993 Recodification Citation: 16-12-21-48.] As added by P.L.2-1993, SEC.5.

Sec. 55. (a) The corporation may borrow money on promissory notes issued in the corporation's name, as a municipal corporation, from recognized lending institutions, and pledge as security unlimited ad valorem taxes levied by the corporation and collected on all taxable property …

Sec. 56. (a) This section applies notwithstanding any other law. (b) A pledge of revenues, other money, or property made by the corporation to secure the repayment of its bonds or leases entered into with the building authority, regardless of when the pledge was made, is binding …

Sec. 57. (a) This section applies notwithstanding any other law. (b) The corporation is required to pay in full the principal of, and interest and premium, if any, on, or rental payments under, its bonds or leases entered into with the building authority, in accordance with the t…

Sec. 58. (a) Upon receiving notice from the bond bank that the corporation has failed to pay when due the principal of or interest on the obligations of the corporation then held, owned by, or arising from an agreement with the bond bank, the controller of the county in which the…

Sec. 59. (a) If the corporation is designated as a "distressed political subdivision" by the distressed unit appeal board pursuant to IC 6-1.1-20.3-6.5, upon receipt of the notice of the designation from the distressed unit appeal board, the controller and the county treasurer of…

Sec. 6. (a) There is created in a county containing a consolidated city a distinct municipal corporation known as "The Health and Hospital Corporation of _________ County". (b) The municipal corporation, in its corporate name, may do the following: (1) Sue and be sued in a court …

Sec. 6.5. (a) In addition to IC 5-14-1.5-6.1(b), the board may hold executive sessions concerning the division of public hospitals to do any of the following: (1) Discuss and prepare bids, proposals, or arrangements that will be competitively awarded among health care providers. …

Sec. 7. The board shall exercise the executive and legislative powers of the corporation. [Pre-1993 Recodification Citation: 16-12-21-3.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.9.

Sec. 8. (a) The board consists of seven (7) members chosen at large from the county in which the corporation is established. (b) To be eligible to be selected or serve as a member of the board, an individual must have the following qualifications: (1) Be a resident in the county.…

Sec. 9. (a) The executive of the consolidated city shall appoint three (3) board members, not more than two (2) of whom may belong to the same political party. One (1) member must be a licensed physician. (b) The board of commissioners of the county in which the corporation is es…

Sec. 9.1. A member of an appointing authority identified in section 9 of this chapter may not serve on the board. As added by P.L.100-2002, SEC.13. Amended by P.L.184-2005, SEC.12.

Sec. 1. This chapter applies to a nonprofit hospital corporation: (1) in a city having a population of: (A) more than fifty-four thousand (54,000) and less than fifty-eight thousand (58,000); or (B) more than fifty-eight thousand (58,000) and less than fifty-nine thousand (59,000…

Sec. 2. A city may do the following: (1) Appropriate money to the hospital for support and maintenance. (2) Aid in the support of the hospital by the levy and collection of a special tax, not exceeding two and thirty-three hundredths cents ($0.0233) on each one hundred dollars ($…

Sec. 3. The county fiscal body may appropriate money to aid in the support of the hospital. The county executive and township trustees of the county, with the consent of the township boards, may contract with the officers of the governing body of the hospital for the medical care…

Sec. 0.5. As used in this chapter, "cost of receivership" may include the costs of placing a receiver in a health facility and all reasonable expenditures and attorney's fees incurred by the receiver to operate the health facility while the health facility is in receivership. As …

Sec. 1. The director may, after consultation with the commissioner, request the attorney general to petition the circuit or superior court of the county in which a health facility is located to place the facility in receivership to protect the patients in the facility. [Pre-1993 …

Sec. 2. The court may order a health facility placed in receivership in the following circumstances: (1) The facility is operating without a license. (2) The license of the facility has expired or been revoked. (3) The facility is closing or plans to close and adequate arrangemen…

Sec. 4. A receiver: (1) must be licensed under IC 25-19-1 and may be a state employee; (2) must possess the education and experience necessary, as determined by the director, to oversee correction of the deficiencies of the facility; (3) must not have been found guilty of miscond…

Sec. 5. Unless a health facility is ordered to be closed within one hundred twenty (120) days, the receiver shall operate the health facility subject to the same standard and rate criteria that apply to all health facilities licensed under IC 16-28-2. [Pre-1993 Recodification Cit…