Title 16, TITLE 16. HEALTH

reappointment; duties Sec. 9. (a) A multiple county board of health shall appoint a health officer in accordance with IC 16-20-1-9.5 and section 2 of this chapter to serve for a term of four (4) years. The appointment of the health officer is subject to the approval of the legisl…

Sec. 1. The state health commissioner may take any of the following actions on any of the grounds listed in section 2 of this chapter: (1) Issue a letter of correction. (2) Issue a probationary license. (3) Conduct a resurvey. (4) Deny renewal of a license. (5) Revoke a license. …

Sec. 2. The state health commissioner may take action under section 1 of this chapter on any of the following grounds: (1) Violation of any of the provisions of this chapter or of the rules adopted under this chapter. (2) Permitting, aiding, or abetting the commission of any ille…

Sec. 3. IC 4-21.5 applies to an action under this chapter. [Pre-1993 Recodification Citation: 16-10-1-10(c).] As added by P.L.2-1993, SEC.4.

Sec. 4. Notwithstanding section 1 of this chapter, the state department shall revoke the license of a hospital licensed under this article if, after appropriate notice and an opportunity for a hearing, the state health commissioner proves by a preponderance of the evidence that t…

Sec. 1. (a) The governing board is the supreme authority in a hospital and is responsible for the management, control, and operation of the hospital. The board has the powers and duties set forth in this chapter. (b) The governing board has the powers granted to boards of nonprof…

Sec. 10. Upon the recommendation of the executive director, a governing board shall do the following: (1) Fix the compensation, including incentives for productivity, of all hospital employees. (2) Adopt personnel and management policies consistent with the governing boards of ot…

Sec. 11. A governing board may do the following: (1) Adopt an employee benefit program that may include a vacation policy and employee discounts. (2) Authorize expenditure of hospital funds for payment of advertising and placement fees for personnel and physicians. (3) Expend hos…

Sec. 13. (a) The governing board shall establish reasonable charges for patient care and other hospital services for the residents of the county and may provide patient care and other hospital services to nonresidents of the county upon terms and conditions the board establishes …

Sec. 14. (a) The governing board shall take, hold, disburse, and dispose of, for the benefit of the hospital, all real or personal property or other property that is a part of hospital funds in accordance with this article. (b) The board may accept gifts, devises, bequests, or gr…

Sec. 15. The governing board may establish a special fund for patient refunds in an amount not to exceed five thousand dollars ($5,000) if the money is deposited in a checking account in a depository designated for the deposit of money of the hospital and checks are issued by the…

Sec. 16. Money in the hospital funds shall be deposited in the manner determined by the governing board. [Pre-1993 Recodification Citation: 16-12.1-3-14.] As added by P.L.2-1993, SEC.5.

immunity from liability Sec. 17. (a) The governing board may mortgage all or part of an interest in real or personal property owned by the hospital and may enter into a sale and leaseback of hospital property on terms and conditions acceptable to the board. (b) The following prop…

entity; immunity from liability Sec. 18. (a) If the board, the county executive, and the county fiscal body determine that the community the hospital serves can best be provided with hospital services through management, enlargement, remodeling, or renovation of the hospital by a…

lease back to hospital Sec. 18.5. (a) Notwithstanding any requirement or restriction in this chapter on the transfer of real or personal property of the hospital, this section applies if the board determines to obtain financing for capital improvements through the state authority…

Sec. 19. (a) This section applies to a medical care trust board appointed by a county executive to govern a nonexpendable trust fund established under section 17(j) or 18(e) of this chapter. (b) The county executive may adopt an ordinance providing that the medical care trust boa…

Sec. 19.5. (a) This section applies to a county that before 1990 sold its hospital property and established a medical care trust board to hold the proceeds from the sale. (b) As used in this section, "trust board" refers to a medical care trust board established to hold the proce…

Sec. 2. (a) The governing board may purchase, construct, remodel, repair, enlarge, or acquire buildings and real or personal property for hospital purposes, upon terms and conditions acceptable to the board. (b) The governing board may use hospital funds if adequate provision is …

Sec. 20. (a) As used in this section, "financial institution" has the meaning set forth in IC 5-13-4-10. (b) The board may invest money in the hospital funds within the county or the state as the board determines. The money may be invested in the following: (1) Any account paying…

Sec. 22. (a) The governing board may lease a part of the hospital buildings if the board determines that the use of the leased premises will aid the hospital in the performance of the hospital's services. A lease must: (1) be in writing; (2) be for definite periods; and (3) requi…

Sec. 23. The governing board may do the following: (1) Permit the hospital to provide services for the mentally disordered under IC 12-29 and may limit the services to short term care. (2) Contract for or establish and maintain a training school for nurses and for paramedical per…

legalized Sec. 24. (a) The board is a body corporate and politic. In that capacity, the board may do the following: (1) Sue and be sued and plead and be impleaded but all actions against the board must be brought in the circuit or superior courts of the county in which the hospit…

Sec. 25. If the governing board and the owners of real property needed for hospital purposes cannot agree on the price to be paid for the real property, the board may report the facts to the commissioners who have the power of eminent domain, and condemnation proceedings shall be…

guaranties Sec. 26. (a) The governing board may obtain loans for hospital expenses in amounts and on terms and conditions agreeable to the board and may secure the loans by pledging accounts receivable or other security in hospital funds. If the board enters into a loan agreement…

Sec. 27. (a) The governing board may request support from the county, either by appropriation from the county general fund or by a separate tax levy, by filing with the county executive on or before August 1 a written budget of the amount estimated to be required to maintain, ope…

Sec. 27.5. (a) This section applies in a county when: (1) the board has authorized the hospital to enter into a lease or sublease contract or a loan agreement with the state authority under this chapter; and (2) the lease or sublease contract or the loan agreement provides that a…

Sec. 29. (a) The governing board may establish a policy with regard to providing a place for the safekeeping of valuable personal property of patients. The patients or the responsible relatives of the patients shall be notified by posting a notice in a public and conspicuous plac…

Sec. 3. (a) The governing board may lease real or personal property, with or without an option to purchase, on reasonable terms and conditions. If a lease agreement gives the hospital an option to purchase the property and if any part of the lease rental is to be applied on the p…

Sec. 30. The powers of the board described in this chapter shall be liberally construed to effect the purposes of this article and to enable the hospital to be maintained and operated as a first class hospital. [Pre-1993 Recodification Citation: 16-12.1-3-25.] As added by P.L.2-1…

Sec. 4. The governing board may purchase or acquire materials, services, equipment, and supplies required to operate and maintain the hospital at prices the board considers reasonable. [Pre-1993 Recodification Citation: 16-12.1-3-3.] As added by P.L.2-1993, SEC.5.

Sec. 5. (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) beneficiar…

Sec. 6. The governing board may contract for the following services on terms and conditions the governing board finds reasonable: (1) The services of consultants, architects, engineers, or other professionals, including shared services or purchasing organizations. (2) Services re…

Sec. 8. The governing board shall appoint an executive director as the administrative head of the hospital. The executive director: (1) is the executive agent of the board in the administration of the board's policies; (2) is the liaison officer between the board and the medical …

staff self-government Sec. 9. (a) The governing board may determine appointments and reappointments to the medical staff and delineate privileges of the members of the medical staff. (b) All licensed physicians are eligible for membership on the medical staff of the hospital, but…

Sec. 1. This chapter applies to a third class city that meets the following conditions: (1) Has no hospital facilities for the third class city's citizens. (2) Has a nonprofit hospital corporation that meets the following conditions: (A) Has the hospital corporation's principal o…

obligations; contracts Sec. 2. The city fiscal body may do the following: (1) Appropriate money to aid in the construction and equipment of hospital buildings and purchase of suitable grounds, in an amount not more than the amount provided for the purchase and construction by the…

Sec. 3. If the city has provided assistance to the nonprofit corporation under section 2 of this chapter and the revenues derived from patient fees in any one (1) year and all other income of the association are not sufficient to maintain the hospital and grounds, the city may ap…

Sec. 4. A hospital described in this chapter must be open to all of the following: (1) Persons on reasonable terms. (2) Physicians on reasonable terms who desire to place patients in the hospital. (3) Employees of the city, without charge, who are injured in the course of employm…

Sec. 5. (a) The city fiscal body may issue and sell bonds of the city, under the regulations followed for the issuance and sale of bonds for the construction of other city buildings, to provide money to do the following: (1) Aid in the purchase, equipment, and construction of the…

Sec. 6. The city fiscal body may annually levy and collect a tax of not more than two and sixty-seven hundredths cents ($0.0267) on each one hundred dollars ($100) of the taxable property in the city to provide money to aid in the maintenance of the hospital as provided in this c…

or charitable tuberculosis association Sec. 1. Whenever a county: (1) acquires real or other property with funds donated for the purpose of prevention, detection, treatment, and cure of tuberculosis or for the acquisition, enlargement, or maintenance of a tuberculosis hospital or…

Sec. 2. A county tuberculosis association that qualifies for a conveyance or an assignment of real or other property under this chapter may file a petition with the county executive. The petition must meet the following conditions: (1) Describe the property sought. (2) Set out fa…

Sec. 3. The county executive shall convey or assign the property to the petitioner if the board finds the following: (1) The petitioner is qualified to receive the property described in the petitioner's petition. (2) It is in the best interest of the county to convey or assign th…

Sec. 5. The county executive shall execute the contract and the conveyance or assignment of property and deliver the conveyance or assignment to the petitioner, retaining a copy of the executed contract that shall be entered in the official minutes of the board. [Pre-1993 Recodif…

Sec. 6. The county may not convey or assign the property unless the following conditions are met: (1) The property is separate and apart from county property used for other county purposes. (2) The deed and contract of conveyance of real property contains a stipulation that the r…

Sec. 7. This chapter does not relieve the county from the obligation to care for and treat tuberculosis patients, including the treatment of advanced cases in hospitals, either within or outside the county. [Pre-1993 Recodification Citation: 16-11-10-4.] As added by P.L.2-1993, S…

Sec. 1. (a) For purposes of this chapter, a: (1) hospital licensed under IC 16-21-2; (2) health facility licensed under IC 16-28-2; or (3) home health agency licensed under IC 16-27-1; that operates a hospice program in Indiana must be approved by the state department under this …

services Sec. 10. A person that is not licensed or approved to own or operate a hospice program under this chapter may not use: (1) the word "hospice" in a title or description of a facility, an organization, a program, a service provider, or a service; or (2) any words, letters,…

Sec. 11. A hospice that provides to a hospice program patient notice concerning a third party billing for a hospice service provided to the hospice program patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear-of…

Sec. 2. A license issued or approval granted under this chapter authorizes the owner or operator of a hospice program to provide hospice services. As added by P.L.256-1999, SEC.13.