Indiana § 16-23-9-5 - Ex officio board membership by township trustees

§ 16-23-9-5. Ex officio board membership by township trustees

Sec. 5. A township may not exercise the powers under this chapter, raise money by taxation, or incur debt of the township on behalf of a hospital unless the trustee of the township is an ex officio member of the board of directors or other governing board of the hospital throughout the term of the expenditure of all public money.

[Pre-1993 Recodification Citation: 16-12.2-11-6.]

As added by P.L.2-1993, SEC.6.

IC 16-23.5ARTICLE 23.5. MEDICAL CENTERS; INDIANA UNIVERSITY HOSPITALS

Ch. 1.General Provisions; Definitions Ch. 2.Medical Center Development Agencies Ch. 3.Indiana University Hospitals Ch. 4.James Whitcomb Riley Hospital for Children Ch. 5.William H. Coleman Hospital

IC 16-23.5-1Chapter 1. General Provisions; Definitions

16-23.5-1-1Applicability 16-23.5-1-2"Agency" 16-23.5-1-3"Board of commissioners" 16-23.5-1-4"Board of trustees" 16-23.5-1-5"Comprehensive plan" 16-23.5-1-6"County council" 16-23.5-1-7"Executive board" 16-23.5-1-8"Gift" 16-23.5-1-9"Hospital" 16-23.5-1-10"Indiana University hospitals" 16-23.5-1-11"Medical center"

IC 16-23.5-1-1Applicability Sec. 1. The definitions in this chapter apply throughout this article.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-2"Agency" Sec. 2. "Agency" means a medical center development agency.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-3"Board of commissioners" Sec. 3. "Board of commissioners" includes, in the case of a county having a consolidated city, the city-county council.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-4"Board of trustees" Sec. 4. "Board of trustees", for the purposes of IC 16-23.5-4 and IC 16-23.5-5, refers to the board of trustees of Indiana University.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-5"Comprehensive plan" Sec. 5. "Comprehensive plan" refers to a comprehensive plan that is developed by an executive board for the development of a medical center.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-6"County council" Sec. 6. "County council" includes, in the case of a county having a consolidated city, the city-county council.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-7"Executive board" Sec. 7. "Executive board" refers to the executive board of an agency.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-8"Gift" Sec. 8. "Gift", for purposes of IC 16-23.5-5, refers to the gift of William H. Coleman described in IC 16-23.5-5-1.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-9"Hospital" Sec. 9. "Hospital":

(1) for purposes of IC 16-23.5-4, refers to the James Whitcomb Riley Hospital for Children; and

(2) for purposes of IC 16-23.5-5,refers to the William H. Coleman Hospital for Women.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-10"Indiana University hospitals" Sec. 10. "Indiana University hospitals" refers to the hospitals described in IC 16-23.5-3-1.

[2007 Higher Education Recodification Citation: New.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-1-11"Medical center" Sec. 11. "Medical center" includes a hospital building or complex of buildings in which medical education, internship programs, medical research, paramedical training, and any related or equivalent activities are systematically carried on in addition to the usual functions of hospitals.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2Chapter 2. Medical Center Development Agencies

16-23.5-2-1Medical center development agency; creation 16-23.5-2-2Medical center development agency; appointments 16-23.5-2-3Medical center development agency; executive board; meetings; bylaws; quorum 16-23.5-2-4Fiscal officer; powers of county treasurer 16-23.5-2-5Contracts; prohibition of pecuniary interest of board members 16-23.5-2-6Executive board powers; actions in compliance with statewide plan 16-23.5-2-7Executive board powers and duties; generally 16-23.5-2-8Executive board powers and duties; compliance with comprehensive plan for development of a medical center 16-23.5-2-9Comprehensive plan for development of a medical center; procedures for adoption or rejection of plan 16-23.5-2-10Restriction on powers of the agency

IC 16-23.5-2-1Medical center development agency; creation Sec. 1. The board of commissioners of a county may create a medical center development agency as a public agency and instrumentality of the county to be known as the ________ County Medical Center Development Agency.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-2.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-2Medical center development agency; appointments Sec. 2. (a) The board of commissioners of the county may appoint in writing five (5) residents of the county as members of the executive board of the agency. Original appointments to the executive board must be made in the following manner:

(1) One (1) member for a term of two (2) years.

(2) Two (2) members for a term of three (3) years.

(3) Two (2) members for a term of four (4) years.

(b) The county council may appoint in writing two (2) residents of the county as members of the executive board. Original appointments to the executive board must be made in the following manner:

(1) One (1) member for a term of two (2) years.

(2) One (1) member for a term of four (4) years.

(c) All persons subsequently appointed serve a term of four (4) years. A person may be reappointed for a subsequent term or terms. If a member of the executive board who was appointed by the board of commissioners dies, resigns, is removed, or ceases to be a resident of the county, the board of commissioners shall appoint another qualified person to fill the remainder of the unexpired term. If a member of the executive board who was appointed by the county council dies, resigns, is removed, or ceases to be a resident of the county, the county council shall appoint another qualified person to fill the remainder of the unexpired term.

(d) Persons appointed to the executive board must be knowledgeable and interested in the community health and medical care needs of the county and other areas of concern related to the development of a county medical center. However, only two (2) of the five (5) board members who are appointed under subsection (a) may be medical practitioners, administrators of a medical or health facility in the county, or on the faculty of a medical institution in the county.

(e) A member of the executive board may be removed from office for neglect of duty, incompetence, inability to perform the member's duties, or any other good cause by an order of the circuit court, superior court, or probate court in the county in which the agency is located, subject to the following procedure:

(1) A complaint may be filed by any person against the member setting forth the charges preferred.

(2) The cause shall be placed on the advanced calendar and tried as other civil causes are tried by the court without a jury.

(3) If the charges are sustained, the court shall declare the office and term vacant.

(4) A change of venue from the judge may be granted upon motion, but a change of venue from the county may not be taken.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-3.]

As added by P.L.2-2007, SEC.191. Amended by P.L.84-2016, SEC.90.

IC 16-23.5-2-3Medical center development agency; executive board; meetings; bylaws; quorum Sec. 3. (a) Executive board members originally appointed shall meet to organize within thirty (30) days after their appointment at a time and place designated by the board of commissioners. The executive board may elect from among their number the officers that are considered necessary for the conduct of business, but including at a minimum a president and vice president. The terms of office must be established by rules, regulations, or bylaws.

(b) Executive board members may adopt the bylaws, rules, and regulations that they consider necessary to carry out the powers and duties imposed upon the agency by this chapter. The rules, regulations, and bylaws are public records, and a copy of them must be available at all reasonable times in the circuit court clerk's office for inspection by the public.

(c) In addition to the organizational meeting, other regular and special meetings must be held at the times and with notice that the executive board fixes. A majority of the members constitutes a quorum, and the concurrence of a majority of the full membership is necessary to authorize any action. Board members serve without pay but are entitled to reimbursement for necessary expenses in amounts that are approved by the board of commissioners and the county council.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-4 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-4Fiscal officer; powers of county treasurer Sec. 4. The county treasurer shall act as the fiscal officer for the agency without additional compensation. The treasurer shall receive all funds provided for the agency and deposit the funds in a separate account. The funds shall be paid out on an order of the executive board by the treasurer after any necessary approvals stipulated in this chapter.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-4 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-5Contracts; prohibition of pecuniary interest of board members Sec. 5. An executive board member may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. A transaction made in which a member has such an interest is void, and the member is subject to removal as provided in this chapter.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-5.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-6Executive board powers; actions in compliance with statewide plan Sec. 6. The executive board must act in accordance with any statewide plan for medical education directed by the general assembly.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-6(a) part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-7Executive board powers and duties; generally Sec. 7. The executive board has the following powers and duties:

(1) To devise a comprehensive plan for the development of a medical center within the county. The comprehensive plan must be recommended to and approved by the board of commissioners and the county council, if applicable, but only after the plan has been reviewed at one (1) or more public hearings within the county. The plan shall be developed through:

(A) consultation with the respective local plan commissions;

(B) surveys of existing public and private medical facilities;

(C) studies of land use plans for the county;

(D) identification of countywide medical or health services that are deficient and that could be provided by a medical center;

(E) identification of sources of medical, paramedical, and other personnel to staff or augment the staff of a medical center; and

(F) study and identification of any other pertinent factors, problems, and needs to be resolved within the plan.

(2) To hire or contract with qualified persons to assist the board in carrying out the executive board's powers and responsibilities. The executive board may hire a director who may hire qualified persons or contract with them with the approval of the executive board. The number of persons hired, their compensation, and the terms of contracts are subject to review in advance by the county council, who may alter the contracts and fix the number of the persons and their compensation.

(3) To apply for, receive, and expend federal, state, private, local, or other funds that may be made available for the purposes of the agency and to meet any conditions that may be attached to the expenditure of funds, all with the prior approval of the county council, and subject to all state statutes and regulations governing them. The county council may appropriate to the agency the proceeds of a tax levied to fund a medical center cumulative building fund or equivalent fund established under statute.

(4) To inform the board of commissioners, county council, and other interested parties at least once every three (3) months of the progress of plans for development, construction, or improvement of medical center facilities.

(5) To make and enter into all contracts and agreements necessary or incidental to the performance of the duties and execution of powers provided in this chapter on behalf of the county, with the approval of the county council.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-6(a) part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-8Executive board powers and duties; compliance with comprehensive plan for development of a medical center Sec. 8. After approval of and in compliance with the comprehensive plan for development of a medical center, the executive board of the agency has the following powers and duties:

(1) To condemn, appropriate, purchase, and hold any real estate needed or useful in connection with a building or buildings constructed or to be constructed for the purposes of this chapter, on behalf of the county, all with the prior approval of the board of commissioners and the county council.

(2) To design, order, contract for, and have constructed, or to make all necessary and desirable improvements in, facilities for use as a medical center, all with the approval of the county council.

(3) To provide for the equipment of the medical center and any appurtenant facilities, with the approval of the county council.

(4) To do all things with respect to its assigned responsibilities and jurisdiction that may additionally be required by the county council, both before and after adoption of the comprehensive plan.

(5) To develop annual budgets to be submitted to the county council for inclusion in the county budget.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-6(b).]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-9Comprehensive plan for development of a medical center; procedures for adoption or rejection of plan Sec. 9. (a) The comprehensive plan must be proposed to the board of commissioners. The board of commissioners may, upon receipt of the plan, reject the plan or direct its amendment by ordinance or resolution.

(b) The comprehensive plan may be officially adopted only by ordinance or resolution of the board of commissioners and approval by the county council. After official adoption, the agency shall implement the plan under the general guidance and approval of the board of commissioners and county council.

(c) Rejection of all or any part of a comprehensive plan by the board of commissioners is not a final rejection, but the agency may propose additional comprehensive plans to the board of commissioners for further action under this chapter.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-7.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-2-10Restriction on powers of the agency Sec. 10. This chapter does not give the agency the power to levy taxes or issue bonds or confer upon the agency the status of a municipal corporation. The agency may act only on behalf of the county, as approved by the board of commissioners or county council under this chapter, and is considered to be an administrative instrumentality of the county.

[Pre-2007 Higher Education Recodification Citation: 20-12-30.3-8.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-3Chapter 3. Indiana University Hospitals

16-23.5-3-1Applicability of chapter 16-23.5-3-2Name of hospitals 16-23.5-3-3Hospitals; unit

IC 16-23.5-3-1Applicability of chapter Sec. 1. This chapter applies to the following:

(1) Robert W. Long Hospital.

(2) James Whitcomb Riley Hospital for Children.

(3) William H. Coleman Hospital for Women.

(4) Any other hospitals that are under the control and management of Indiana University.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-5 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-3-2Name of hospitals Sec. 2. The hospitals described in section 1 of this chapter shall collectively be known as Indiana University hospitals.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-5 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-3-3Hospitals; unit Sec. 3. Each of the Indiana University hospitals is a unit.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-5 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4Chapter 4. James Whitcomb Riley Hospital for Children

16-23.5-4-1Board of trustees; establishment 16-23.5-4-2Buildings 16-23.5-4-3Direction and control of the hospital 16-23.5-4-4Powers of the board of trustees 16-23.5-4-5Patient eligibility 16-23.5-4-6Acceptance of donations; bequests 16-23.5-4-7Powers of board of trustees; consideration of advice tendered by the James Whitcomb Riley Memorial Association 16-23.5-4-8Training school for child nursing; outpatient and social service department; establishment and maintenance 16-23.5-4-9Management and operation of hospital; nonprofit corporations

IC 16-23.5-4-1Board of trustees; establishment Sec. 1. The board of trustees shall establish, in Indianapolis, a hospital, to be known as the James Whitcomb Riley Hospital for Children, for the treatment of children afflicted with any disease, defect, or physical deformity that may be relieved or improved by proper medical and surgical attention.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-2Buildings Sec. 2. The board of trustees may construct and equip the necessary buildings for the hospital with:

(1) accommodations for not less than two hundred (200) patients; and

(2) offices, quarters for officers, nurses, and employees, and other necessary appurtenances.

The buildings must be specially designed and equipped for the application of the most approved methods in the diagnosis and medical and surgical treatment of afflicted children.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-1 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-3Direction and control of the hospital Sec. 3. The hospital is:

(1) a department of Indiana University; and

(2) under the direction and control of the board of trustees of Indiana University.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-2 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-4Powers of the board of trustees Sec. 4. The board of trustees may:

(1) adopt and apply rules and regulations for proper management of the hospital;

(2) employ, discharge for sufficient cause, and fix the compensation of a superintendent of the hospital, who is responsible to the board of trustees for the proper administration of the hospital and the care and treatment of the afflicted children committed to the hospital;

(3) fix the number and compensation of the assistant medical and executive officers, nurses, and employees of the hospital; and

(4) provide the food, heat, light, and medical and surgical equipment, appliances, and supplies necessary for the proper and best treatment of the afflicted children committed to the hospital.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-2 part.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-5Patient eligibility Sec. 5. Any child:

(1) less than sixteen (16) years of age;

(2) having a legal settlement in any county of Indiana; and

(3) either:

(A) afflicted with a defect, disease or deformity, presumably curable or improvable by skilled medical and surgical treatment; or

(B) needing special study for diagnosis;

may be admitted to, treated at, and discharged from the hospital under the rules and regulations adopted by the management of the hospital and approved by the board of trustees.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-3.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-6Acceptance of donations; bequests Sec. 6. The board of trustees may receive, accept, hold, and apply any donations or bequests of funds or property from individual citizens, societies, and organizations that may be tendered in good faith to assist in the construction, extension, equipment, and maintenance of the hospital to the end that the benefits of the hospital may be extended to the largest possible number of afflicted children of Indiana.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-6.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-7Powers of board of trustees; consideration of advice tendered by the James Whitcomb Riley Memorial Association Sec. 7. The hospital is under the direction of the board of trustees. In the construction, equipment, and direction of the hospital, the board of trustees shall receive and consider the suggestions and advice that is tendered by the James Whitcomb Riley Memorial Association.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-7.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-8Training school for child nursing; outpatient and social service department; establishment and maintenance Sec. 8. The board of trustees may establish and maintain, in connection with the hospital:

(1) a training school for child nursing; and

(2) an outpatient and social service department;

to conserve the health of the children of Indiana.

[Pre-2007 Higher Education Recodification Citation: 20-12-31-8.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-4-9Management and operation of hospital; nonprofit corporations Sec. 9. An Indiana public interest nonprofit corporation to which the board of trustees, with the approval of the governor, delegates authority to manage and operate the hospital is not subject to an audit by the state board of accounts, notwithstanding IC 5-11-1-9. However, Indiana University is subject to an audit by the state board of accounts.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-6.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-5Chapter 5. William H. Coleman Hospital

16-23.5-5-1Gift 16-23.5-5-2Administration 16-23.5-5-3Name of hospital 16-23.5-5-4Board of trustees powers; erection and maintenance of hospital

IC 16-23.5-5-1Gift Sec. 1. The gift of William H. Coleman:

(1) for the establishment and maintenance of a hospital in Marion County; and

(2) for the provision of clinical facilities for students in connection with the Indiana University School of Medicine;

contained in the proposal set forth in Acts 1927, c.213, s.1 is accepted by the state for the uses and purposes named in Acts 1927, c.213, s.1.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-1.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-5-2Administration Sec. 2. The board of trustees:

(1) may accept the control and management of the gift; and

(2) shall administer the affairs of the hospital in accordance with the terms and conditions imposed by the donor of the gift.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-2.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-5-3Name of hospital Sec. 3. (a) In consideration of the gift and on the condition that the gift be made effectual, the hospital must forever bear the name of "William H. Coleman Hospital for Women, of Indiana University".

(b) The state pledges that the name is the permanent designation of the hospital, without addition or modification. The state pledges to carry out the objects for which the gift is made, as contained in the proposal of the donor.

(c) The general assembly covenants that this chapter will not be repealed or amended to change the terms and conditions under which the gift is made.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-3.]

As added by P.L.2-2007, SEC.191.

IC 16-23.5-5-4Board of trustees powers; erection and maintenance of hospital Sec. 4. The board of trustees may erect and maintain the hospital upon the ground belonging to the state for the use of Indiana University in Indianapolis, near the Robert W. Long Hospital.

[Pre-2007 Higher Education Recodification Citation: 20-12-31.5-4.]

As added by P.L.2-2007, SEC.191.

IC 16-24ARTICLE 24. TUBERCULOSIS HOSPITALS

Ch. 1.County Tuberculosis Hospitals; Power of County Board; Board of Managers Ch. 2.Operation of County Tuberculosis Hospitals in Allen, St. Joseph, Vanderburgh, and Madison Counties Ch. 3.Conveyance or Assignment of Real and Personal Property by a County to an Association Incorporated for Prevention and Treatment of Tuberculosis

IC 16-24-1Chapter 1. County Tuberculosis Hospitals; Power of County Board; Board of Managers

16-24-1-1Treatment of nontubercular patients; tuberculosis funds restricted 16-24-1-2Establishment of hospital; powers of county executive 16-24-1-3Annual funding; taxation; additional appropriations 16-24-1-4Qualification of hospitals under Medicare and Medicaid programs in certain counties; superintendent 16-24-1-5Governing board; membership; terms of office 16-24-1-6Absences creating vacancy; excuse 16-24-1-7Compensation; expenses 16-24-1-8Removal for cause; hearing 16-24-1-9Board of managers in certain counties; membership; terms of office 16-24-1-10Conflicts of interest 16-24-1-11President; vice president 16-24-1-12Powers and duties of board of managers 16-24-1-13Compliance with IC 36-1-12 16-24-1-14Bids, proposals, or quotations submitted by trusts; requirements 16-24-1-15Group insurance in certain counties 16-24-1-16Business manager in certain counties 16-24-1-17Powers and duties of business manager 16-24-1-18Superintendent; powers and responsibilities 16-24-1-19Custodian of hospital money; receipts and disbursements 16-24-1-20Admission to hospital; applications; discrimination; payment for services 16-24-1-21Payment for care and treatment; liability 16-24-1-22Care and treatment of county nonresidents 16-24-1-23Care and treatment of county nonresidents; payment; liability 16-24-1-24Donations conditioned upon life annuity 16-24-1-25Inspection of hospitals; duties of resident officers 16-24-1-26Joint county hospitals; apportionment of costs; board; admissions 16-24-1-27Application of IC 5-4-1, IC 5-4-5, IC 5-22, and IC 36-1-10 through IC 36-1-12