Oklahoma § 63-3250.3 - Purpose – Creation of public trust – Instrument –

§ 63-3250.3. Purpose – Creation of public trust – Instrument –

Condition precedent – Filing - Amendment.

A. 1. The Oklahoma Legislature finds that the delivery of

health care services to the public including medically indigent

persons will be enhanced through the establishment of community

hospital public trust authorities and the creation of hospital

districts pursuant to the Oklahoma Community Hospitals Public Trust

Authorities Act.

2. The purpose of the Oklahoma Community Hospitals Public Trust

Authorities Act is to provide maximum utilization and efficient

administration in delivering health care services by hospital

districts to the public including medically indigent persons, and to

provide for supplemental Medicaid programs.

B. 1. A hospital or two or more hospitals located within a

county or adjacent counties or located within a county or adjacent

counties and a municipality may jointly create a public trust for

the purposes of:

a.

establishing a hospital district,

b.

accessing and providing funding for coordination of

the delivery of health care to the public including

but not limited to programs that contribute to serving

the medically indigent,

c.

improving access to health care by the public,

d.

coordinating the development of new health services in

the hospital district,

e.

considering various alternatives for integrating the

services of the health care delivery system in the

hospital district, and

f.

providing for and supplementing Medicaid programs.

2. A hospital participating in the creation of a public trust

must:

a.

expend at least Fifty Thousand Dollars ($50,000.00)

annually providing care for medically indigent

persons, and

b.

have a system of inpatient and/or outpatient health

care, trauma care, or emergency care services that is

not limited to a specific modality of health care.

3. The boundaries of a community hospital public trust

authority should be coextensive with the boundaries of a county or a

group of member counties.

4. The county or counties or the county or counties and

municipality in which a hospital district is established must

approve and shall be the beneficiary of the public trust pursuant to

Oklahoma Statutes - Title 63. Public Health and Safety

the provisions of Sections 176 and 177 of Title 60 of the Oklahoma

Statutes.

C. The instrument creating the public trust shall provide at a

minimum:

1. The reasons for organizing and constituting a hospital

district, including a statement that the community hospital public

trust authority will comply with all applicable provisions of

Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes and

the Oklahoma Community Hospitals Public Trust Authorities Act;

2. A statement that the public trust shall be separate and

independent from the affairs of the beneficiary in all matters or

activities authorized by the written instrument creating the public

trust;

3. The names and corporate headquarters of each hospital

located in the proposed hospital district;

4. The general patient loads of each hospital within the

proposed hospital district and the anticipated number of medically

indigent persons for whom medical services will be provided;

5. A concise description of the geographic boundaries to be

embraced within the proposed hospital district;

6. A statement that the proposed hospital district is embracing

only those lands within the proposed boundaries specified by

paragraph 5 of this subsection which can reasonably and economically

be served in the foreseeable future;

7. Assurance that all hospitals located within the hospital

district which meet the eligibility criteria can participate in the

public trust;

8. For the appointment, succession, powers, duties, terms and

manner of removal of trustees;

9. For the appointment of at least five trustees as follows:

a.

the chief executive officers of the hospitals

participating in the community hospital public trust

authority and may include the chief executive officers

of hospitals located within the hospital district,

b.

(1) one county commissioner or their designee from

each beneficiary county which the hospital

district embraces, appointed by the commissioners

of each such county, and

(2) the chief administrative officer or his or her

designee from a municipality in which the

hospital district is situated, if such

municipality is the beneficiary of the public

trust, and

c.

one member appointed by the Governor who has no direct

affiliation with any hospital participating in the

community hospital public trust authority; provided,

that if pursuant to the provisions of this paragraph

Oklahoma Statutes - Title 63. Public Health and Safety

the Board will have less than five members, the

Governor shall appoint additional members; and

10. The time and place of the regular meetings and the manner

in which special meetings may be called. A community hospital

public trust authority shall keep a complete record of all its

proceedings.

D. As a condition precedent, each community hospital public

trust authority must receive approval from the Attorney General that

the public trust is in the proper form.

E. A certified copy of the public trust agreement must be filed

with the Secretary of State and with the court clerk of each

beneficiary county and municipality.

F. Each public trust established pursuant to the Oklahoma

Community Hospitals Public Trust Authorities Act shall not be

amended without a two-thirds (2/3) vote of approval of the trustees

of such trust.

Added by Laws 2003, c. 432, § 3, emerg. eff. June 7, 2003.