reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-24. Legal Status of Board; Allowable Name of the Board; Actions 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 hospital is located.
(2) Possess the real and personal property of the hospital and the hospital funds in the hospital's corporate name for the hospital's use and benefit.
(3) Exercise the other powers, duties, and responsibilities set forth in this article.
(b) This subsection is retroactively effective beginning January 1, 1971. The name of the board may be styled as:
(1) "The Board of Trustees of ______ Hospital", to include the full name of the hospital;
(2) the full name of the hospital; or
(3) an assumed business name under which the board conducts the board's affairs.
Any legal action taken by a board after December 31, 1970, that is questioned solely because of the board's name under this section is hereby legalized and validated.
[Pre-1993 Recodification Citation: 16-12.1-3-20.]
As added by P.L.2-1993, SEC.5. Amended by P.L.149-2017, SEC.2.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-25. Eminent Domain Powers

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 instituted by the county executive and prosecuted in the name of the county where the hospital is located or to be located by an attorney representing the county.
[Pre-1993 Recodification Citation: 16-12.1-3-21.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-26. Loans; Sale or Factor of Accounts Receivable; Federal Loans or 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 for the borrowing of funds from the state authority, the board may pledge as security for payment under the agreement the funds the board receives from a tax levy under section 27 of this chapter.
(b) The board may sell or factor accounts receivable on terms and conditions agreeable to the board.
(c) A county, city, or health and hospital corporation owning and maintaining or leasing at least one (1) hospital or related facilities, a county hospital association under IC 16-22-6, and a building authority under IC 36-9-13 may enter into an agreement with the United States or a department, an agency, or an instrumentality of the United States with respect to loans or guaranties for hospital or related purposes and may borrow money on the terms and conditions of the agreement.
(d) The loans may be:
(1) evidenced by bonds, notes, contractual agreements, or other evidences of indebtedness;
(2) secured in whole or in part by:
(A) pledge of the full faith and credit as a general obligation of the borrower;
(B) the income and revenues of the hospital or related facilities;
(C) rental from the lease of hospital facilities; or
(D) any combination of clauses (A) through (C); and
(3) additionally secured by a mortgage or deed of trust of all or part of the real or personal property, or both, of the hospital.
(e) Bonds, notes, or other evidences of indebtedness issued in connection with a federal loan under this section may be sold and delivered at private sale without the necessity of public sale or public offering.
[Pre-1993 Recodification Citations: 16-12-25-1; 16-12-25-2; 16-12-25-3; 16-12.1-3-22.]
As added by P.L.2-1993, SEC.5. Amended by P.L.43-1993, SEC.15.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-27. Tax Levy Support of Hospital

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, operate, or improve the hospital for the ensuing year.
(b) If the county provides a direct financial subsidy to a hospital from a tax levy at the time the board exercises the powers under section 1(b) of this chapter, the board may not provide the funds from a tax levy to an entity created under section 1(b) of this chapter for more than three (3) years. After three (3) years, all funds, with interest, must be repaid within ten (10) years.
(c) If the board enters into a lease or sublease contract or a loan agreement with the state authority, the board may request the county to adopt a separate tax levy to support the board's obligation to make payments under that contract or agreement.
[Pre-1993 Recodification Citation: 16-12.1-3-23.]
As added by P.L.2-1993, SEC.5. Amended by P.L.43-1993, SEC.16.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-27.5. Payment of Lease or Loan From Taxes

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 portion of the lease or loan payment is to be paid from taxes.
(b) The county council or the city-county council in the case of a county with a consolidated city shall annually levy a tax that is sufficient to produce each year along with other available funds an amount that is sufficient to pay the portion of the lease or loan payment that is required to be paid from taxes.
(c) The board shall transfer the following to a fund to be used to pay the portion of the lease or loan payment that is not required to be paid from taxes:
(1) Any net revenue of the hospital that is required to be used for the lease or loan payment.
(2) Any net revenue of the hospital that is required to be retained as a reserve for a purpose that the board determines if the board determines that the money is not needed in reserve for additional construction, equipment, betterment, maintenance, or operation.
(d) In fixing and determining the levy that is necessary for the lease or loan payment that is payable from taxes, the county council shall consider the amounts that have been transferred from the net revenues of the hospital under subsection (c).
(e) If funds other than taxes are not available to pay the portion of the lease or loan payment that is required to come from taxes, a county is not relieved from the county's obligation to pay from taxes any lease or loan payment that is payable from taxes.
(f) The tax levy provided in this section is reviewable in the manner that other tax levies are reviewable to ascertain that the levy is sufficient to produce the amount of the lease or loan payment that is required to be paid from taxes.
(g) One-half (1/2) of the annual lease or loan payment shall be paid semiannually to the state authority after the semiannual settlement of tax collections.
As added by P.L.43-1993, SEC.17. Amended by P.L.56-1995, SEC.8.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-28. Other Powers of Board

Sec. 28. (a) The governing board may enter into agreements with credit card companies or organizations authorized to do business in Indiana and may accept credit card payments from patients for services provided.
(b) The board may, in the establishment and maintenance of hospital records, use automated data processing systems and purchase, lease, operate, or contract for the use of automated data processing equipment subject to section 6 of this chapter and section 22 of this chapter.
(c) In addition to IC 5-14-1.5-6.1(b), a hospital organized or operated under this article may hold executive sessions to do any of the following:
(1) Discuss and prepare bids, proposals, or arrangements that will be competitively awarded among health care providers.
(2) Discuss recruitment of health care providers.
(3) Discuss and prepare competitive marketing strategies.
(4) Engage in strategic planning.
(5) Participate in a motivational retreat with staff or personnel, if the hospital does not conduct any official action (as defined in IC 5-14-1.5-2(d)).
(d) IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to executive sessions held under subsection (c).
(e) A hospital organized or operated under this article may hold confidential, until the information contained in the records is announced to the public, records of a proprietary nature that if revealed would place the hospital at a competitive disadvantage, such as the following:
(1) Terms and conditions of preferred provider arrangements.
(2) Health care provider recruitment plans.
(3) Competitive marketing strategies regarding new services and locations.
[Pre-1993 Recodification Citation: 16-12.1-3-24 part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.35-1997, SEC.10; P.L.91-2002, SEC.10 and P.L.100-2002, SEC.11.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-29. Safekeeping of Patient Valuables

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 place or manner at the admitting desk or office in the hospital that a place is provided.
(b) If the valuable personal property is not delivered to the person in charge of the place for deposit, the hospital and the hospital's officers, agents, or employees are not liable for any loss or damage to the property, unless an emergency admission occurs and the patient is unable to deliver the valuable personal property to the place for deposit and no responsible relative is present.
(c) If the personal property is delivered for safekeeping to the person in charge of the office for deposit, the hospital is not liable for loss or damage to the property from any cause in an amount exceeding six hundred dollars ($600), even if the property is of greater value.
[Pre-1993 Recodification Citation: 16-12.1-7-2.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 3. Powers of Hospital Governing Boards › 16-22-3-30. Liberal Construction of Board Powers

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.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 4. Hospital Sinking Funds › 16-22-4-1. Authorization for Cumulative Building or Sinking Fund

Sec. 1. The county officers may establish a cumulative building fund under IC 6-1.1-41 or a sinking fund in compliance with the procedures for establishing a cumulative fund under IC 6-1.1-41 for the erection of new hospital buildings, the repairing, remodeling, and enlarging of old hospital buildings, and the equipment of new, enlarged, and old hospitals owned and operated by the county, a voluntary nonprofit association, or a nonprofit corporation.
[Pre-1993 Recodification Citation: 16-12-15-1.]
As added by P.L.2-1993, SEC.5. Amended by P.L.17-1995, SEC.18.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 4. Hospital Sinking Funds › 16-22-4-4. Tax Levy

Sec. 4. The county officers may, in compliance with IC 6-1.1-41, levy a tax on all taxable property within the county to provide money for a fund established under this chapter.
[Pre-1993 Recodification Citation: 16-12-15-4 part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.17-1995, SEC.19.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 4. Hospital Sinking Funds › 16-22-4-8. Repealed

[Pre-1993 Recodification Citations: 16-12-15-4 part; 16-12-15-8.]
As added by P.L.2-1993, SEC.5. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-1. Methods Authorized

Sec. 1. The methods set out in this chapter may be employed to establish, construct, enlarge, remodel, and acquire county hospital buildings.
[Pre-1993 Recodification Citation: 16-12.1-4-1.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-2. Continuation of Existing Cumulative Building Funds

Sec. 2. Cumulative building funds established under the following statutes are continued in full force and effect, and the county officers authorized and empowered to levy the taxes to provide those funds may continue to do so in accordance with the proposal or plans establishing those funds:
(1) IC 16-12-16 (before its repeal on September 2, 1971).
(2) IC 16-12-15 (before its repeal on July 1, 1993).
(3) IC 16-12.1-4 (before its repeal on July 1, 1993).
[Pre-1993 Recodification Citation: 16-12.1-4-4(a).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-3. Establishment of Cumulative Building Funds; Petition

Sec. 3. (a) A cumulative building fund for the establishment, enlargement, construction, acquisition, equipping, or remodeling of county hospital buildings may be established in accordance with this article.
(b) The board may petition the county executive to levy a tax to establish the fund, setting out in the petition the amount of the proposed tax levy and the number of years for which the tax is to be levied. The county executive shall approve or disapprove the petition and, if approved, establish the amount of the tax levy and the term to be levied.
[Pre-1993 Recodification Citation: 16-12.1-4-4(b).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-4. Tax Levy for Cumulative Building Fund

Sec. 4. To provide for the cumulative building fund, a tax on all taxable property within the county may be levied annually for not more than twelve (12) years and may not exceed eleven and sixty-seven hundredths cents ($0.1167) on each one hundred dollars ($100) of assessed valuation of property in the county.
[Pre-1993 Recodification Citation: 16-12.1-4-4(c).]
As added by P.L.2-1993, SEC.5. Amended by P.L.6-1997, SEC.167.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-5. Hearing on Tax Levy

Sec. 5. The county executive shall set a date for a hearing on the approval of the tax levy and the county auditor shall publish a notice at least ten (10) days before the date of the public hearing. The notice shall state the date, time, and place of the hearing and the proposed tax levy and term to be levied.
[Pre-1993 Recodification Citation: 16-12.1-4-4(d).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-6. Resolution for Tax Levy

Sec. 6. If approved following the hearing, the county executive shall by resolution determine the amount of the tax levy and the time to be levied and shall certify the resolution to the county fiscal body for review.
[Pre-1993 Recodification Citation: 16-12.1-4-4(e) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-7. Filing of Resolution for Approval

Sec. 7. Upon review and approval by the county fiscal body, the county auditor shall file a copy of the resolution and the county fiscal body's action if any with the department of local government finance for approval.
[Pre-1993 Recodification Citation: 16-12.1-4-4(e) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.381.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-8. Notice of Submitted Resolution; Petition of Objectors

Sec. 8. The department of local government finance shall publish notice of the submission one (1) time. At least twenty-five (25) taxpayers in the county who will be affected by the proposed tax levy may file a petition with the county auditor not later than ten (10) days after publication, setting forth the taxpayers' objections to the proposed tax levy.
[Pre-1993 Recodification Citation: 16-12.1-4-4(f) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.382.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-9. Certification of Objectors' Petition

Sec. 9. Upon the filing of a petition, the county auditor shall immediately certify the petition to the department of local government finance.
[Pre-1993 Recodification Citation: 16-12.1-4-4(f) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.383.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-10. Notice of Hearing on Petition

Sec. 10. (a) The department of local government finance shall, within a reasonable time, fix a date for a hearing to be held in the county and give notice of the hearing to the following:
(1) The executive director of the hospital.
(2) The first twenty-five (25) taxpayers whose names appear on the petition.
(b) The notice must be in the form of a letter signed by the secretary or any member of the department of local government finance and sent by mail with full prepaid postage to the executive director at the hospital and to each of the taxpayers at the taxpayer's last and usual place of residence at least five (5) days before the date fixed for the hearing.
[Pre-1993 Recodification Citation: 16-12.1-4-4(f) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.384.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-11. Department of Local Government Finance Action; Appeal

Sec. 11. (a) After the hearing, the department of local government finance shall approve, disapprove, or modify the proposal and certify the department's action to the auditor of the county.
(b) A:
(1) taxpayer who signed a petition filed under section 8 of this chapter; or
(2) county against which a petition under section 8 of this chapter is filed;
may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the department's action under subsection (a).
[Pre-1993 Recodification Citation: 16-12.1-4-4(g).]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.385; P.L.256-2003, SEC.34.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-12. Budgeting and Levy of Approved Tax Levy

Sec. 12. If a tax levy is approved by the department of local government finance, the following shall occur:
(1) The county auditor shall include the levy in the annual budget and tax levies of the county for the term fixed in the order of the department of local government finance.
(2) The county fiscal body shall annually levy the tax.
[Pre-1993 Recodification Citation: 16-12.1-4-4(h).]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.386.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-13. Reduction or Rescission of Tax Levy

Sec. 13. The county fiscal body may, upon request of the board of the hospital, reduce or rescind the tax levy.
[Pre-1993 Recodification Citation: 16-12.1-4-4(i).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-14. Appeals to Department of Local Government Finance

Sec. 14. (a) Except when the county fiscal body reduces or rescinds the tax levy upon request of the board of the hospital, if the tax levy is reduced, rescinded, or not levied by the county fiscal body as fixed in the order of the department of local government finance, the board of the hospital may appeal to the department.
(b) An appeal shall be taken and heard in the same manner and within the same time prescribed by law when appeals are taken by taxpayers or municipal corporations. The notice of the hearing shall be given to the county auditor and to the board of the hospital.
(c) Upon the conclusion of the hearing, the department of local government finance shall affirm the levy and the annual budget. The order of the department of local government finance is final.
[Pre-1993 Recodification Citation: 16-12.1-4-4(j).]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.387.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-15. Uses of Funds From Tax Levies for Cumulative Building Fund

Sec. 15. As the tax is collected, the levies become a part of the hospital funds without further appropriation by the county fiscal body and may be invested in accordance with IC 16-22-3-20. The levies shall be separately accounted for as a hospital cumulative building fund and may not be used for any purposes other than that for which the cumulative building fund was established, except for the following:
(1) A lease entered into with an authority or the Indiana finance authority under IC 5-1.2-7 may provide that the lease agreement to pay lease rentals be paid in whole or in part from the hospital cumulative building fund.
(2) If a loan has been obtained for the same purposes for which the cumulative building fund was established, the fund may be used to pay principal and interest on the bonds, notes, or other evidences of indebtedness of the hospital.
[Pre-1993 Recodification Citation: 16-12.1-4-4(k).]
As added by P.L.2-1993, SEC.5. Amended by P.L.43-1993, SEC.18; P.L.235-2005, SEC.194; P.L.162-2007, SEC.37; P.L.189-2018, SEC.143.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-16. Hospital Enlargement or Remodeling; General Obligation Bonds

Sec. 16. After a hospital is established and the governing board appointed, the county executive may issue and sell general obligation bonds of the county to finance the costs of or the enlargement or remodeling of hospital buildings in an amount certified by the board to the county executive to be necessary for that purpose. The bonds shall be authorized, issued, and sold in accordance with laws governing the authorization, issuance, and sale of general obligation bonds by counties. The county fiscal body shall appropriate the proceeds of sale of the bonds to the board for the purposes for which the bonds have been sold. The county budget shall provide for payment of the bonds and the council shall annually levy a tax sufficient to produce each year the necessary funds for payment of the principal and interest on the bonds according to the terms of the bonds.
[Pre-1993 Recodification Citation: 16-12.1-4-6.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-17. Loans

Sec. 17. (a) The governing board may borrow money and may secure the borrowing by a pledge of the following:
(1) Amounts from the cumulative building fund.
(2) Accounts receivable.
(3) A security interest in capital equipment for which the proceeds of the loan is used.
(4) Other security, including the excess of unobligated revenues over operating expenses.
(b) The term of a loan may not exceed thirty-five (35) years.
[Pre-1993 Recodification Citation: 16-12.1-4-7.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-18. Appropriation, Tax Levy, or Grant

Sec. 18. Funds may be received by appropriation, tax levy, or grant from any of the following:
(1) The county in which the hospital is located.
(2) An adjoining county or counties if permitted by law.
(3) The state.
(4) An agency or instrumentality of the United States government.
[Pre-1993 Recodification Citation: 16-12.1-4-8.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-19. Federal Funds

Sec. 19. The governing board, county executive, or county fiscal body may enter into agreements with the United States or a department, an agency, or an instrumentality of the United States:
(1) with respect to loans or loan guarantees in accordance with IC 16-22-3-26; or
(2) to permit the hospital or county to accept a subsidy or payment of all or part of the interest payable on obligations issued and sold for hospital purposes.
[Pre-1993 Recodification Citation: 16-12.1-4-9.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 5. Financing Hospital Buildings › 16-22-5-20. Gifts

Sec. 20. The governing board may accept contributions, gifts, devises, or bequests with any lawful limitations, provisions, or conditions for the use that the donor establishes.
[Pre-1993 Recodification Citation: 16-12.1-4-10.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-1. Authority Defined

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.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-2. Resolution for Creation of Authority; Name; Purpose

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 created which shall be a body corporate and politic known as the "_________ County Hospital Association". The name includes the name of the county. The authority is created for the purpose of financing, acquiring, constructing, renovating, equipping, and leasing to the county land and a building, including an existing building, for hospital purposes. The county auditor shall file a certified copy of the resolution with the clerk of the circuit court of the county in which the authority is created.
[Pre-1993 Recodification Citation: 16-12-20-2.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-3. Appointment of Directors; Terms

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 initial terms of the members of the governing board as follows:
(1) One (1) member shall be appointed for a term of one (1) year.
(2) One (1) member for a term of two (2) years.
(3) One (1) member for a term of three (3) years.
(4) Two (2) members for terms of four (4) years.
(c) At the expiration of the respective terms of the members of the governing board the county executive shall appoint successors for four (4) year terms. Each member serves until a successor is appointed and qualified.
[Pre-1993 Recodification Citation: 16-12-20-3(a), (b) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-4. Vacancies

Sec. 4. If a member dies, resigns, ceases to be a resident of the county, or is removed as provided in this chapter, the county executive shall appoint another person as a member of the governing board for the remainder of the term. If a person appointed as a member fails to qualify not more than ten (10) days after the mailing of notice of appointment, the county executive shall appoint another person as member.
[Pre-1993 Recodification Citation: 16-12-20-3(c).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-5. Director's Oath of Office

Sec. 5. Each member, before entering office, shall take and subscribe an oath of office to be endorsed upon the certificate of appointment. The oath shall be filed with the clerk of the circuit court.
[Pre-1993 Recodification Citation: 16-12-20-4.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-6. Removal of Director From Office

Sec. 6. (a) A member may be removed from office for neglect of duty, incompetency, inability to perform duties, or other good cause by an order of the circuit court, superior court, or probate court in the county in which the authority is located, subject to the procedure set forth in subsection (b).
(b) A complaint may be filed by any person against the director setting forth the charges preferred. The cause shall be placed on the advanced calendar and is tried as other civil causes are tried by the court without the intervention of a jury. If the charges are sustained, the court shall declare the office vacant. A change of venue from the judge shall be granted upon motion, but no change of venue from the county may be taken.
[Pre-1993 Recodification Citation: 16-12-20-5.]
As added by P.L.2-1993, SEC.5. Amended by P.L.84-2016, SEC.85.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-7. Selection of Officers; Meetings; Quorum

Sec. 7. (a) The members originally appointed shall hold an organizational meeting not more than thirty (30) days after appointment, at a time and place designated by the county executive. The members of the governing board shall elect from among the members a president, vice president, secretary, and treasurer. The officers serve until the expiration of the first term to expire and the members shall meet annually to reorganize and elect officers not more than thirty (30) days after the appointment of each successor member for a full term.
(b) Other regular and special meetings shall be held at the times and upon the notice that the members determine, by resolution or in accordance with the bylaws, rules, and regulations adopted.
(c) A majority of the members constitutes a quorum and the concurrence of a majority is necessary to authorize any action.
[Pre-1993 Recodification Citation: 16-12-20-6(a), (b) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-8. Bylaws, Rules, and Regulations

Sec. 8. The members may adopt bylaws, rules, and regulations necessary to conduct proceedings, carry out duties, and safeguard the funds and property of the authority.
[Pre-1993 Recodification Citation: 16-12-20-6(b) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-9. Compensation and Reimbursement

Sec. 9. A member serves without pay but is entitled to reimbursement for expenses necessarily incurred in the performance of the member's duties.
[Pre-1993 Recodification Citation: 16-12-20-6(b) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-10. Conflicts of Interest

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.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-11. Preliminary Expenses

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 before the issue and delivery of bonds under this chapter may be paid by the county from funds on hand or derived from taxes levied that may be appropriated for that purpose or by the governing board of the hospital from revenues available for that purpose.
(b) The county or the governing board of the hospital shall be reimbursed for the preliminary expenses described under subsection (a) by the governing board of the authority out of the first proceeds of the sale of bonds by the authority provided for in this chapter and before any other disbursements are made.
[Pre-1993 Recodification Citation: 16-12-20-8.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-12. Powers of Governing Board

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 plead and be impleaded. However, an action against the authority shall be brought in a circuit or superior court of the county in which the authority is located.
(3) Condemn, appropriate, purchase, and hold real property useful in connection with a building constructed or renovated under this chapter.
(4) Acquire by gift, devise, or bequest real property and personal property, and hold, use, expend, or dispose of real and personal property for the purposes authorized by this chapter.
(5) Enter upon lots or lands to survey or examine the lots or lands and determine the location of a building.
(6) Design, order, contract for, and construct or renovate a building and make all necessary or desirable improvements to the grounds and premises that the board may acquire.
(7) Enter into a lease with the county and collect rentals payable under the lease.
(8) Make and enter into the contracts and agreements necessary or incidental to the performance of the board's duties and the execution of the board's powers under this chapter.
[Pre-1993 Recodification Citation: 16-12-20-9.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-13. Leases

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 Citation: 16-12-20-10.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-14. Anticipatory Lease

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 of the building. Rental payments under a contract of lease may not commence until construction is completed and the building is ready for occupancy. However, if a building is acquired and renovated, a county may, in anticipation of the acquisition and renovation, make and enter into a contract of lease upon terms and conditions agreed upon by the county and the authority, including terms and conditions permitting the county to continue to operate the building until completion of the renovation and the payment of a lease rental by the lessee during the period of renovation.
[Pre-1993 Recodification Citation: 16-12-20-11.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-15. Payment of Lease Rental; Sources

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 from the levy of taxes and in part from the net revenues as fixed and set forth in the lease.
(4) From a cumulative building fund established by the lessee under any of the following:
(A) IC 16-12-16 (before its repeal on July 1, 1993).
(B) IC 16-12.1-4-4 (before its repeal on July 1, 1993).
(C) IC 16-22-5.
[Pre-1993 Recodification Citations: 16-12-20-12(a); 16-12-20-12.5 part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-16. Payment of Lease Rentals From Hospital Net Revenues; Reserve Fund

Sec. 16. (a) If a lease provides for the payment of lease rental in whole or in part from net revenues of the hospital, the lease may provide that the county and the governing board of the hospital establish a reserve fund for net revenues in excess of the amount required to pay lease rental payable from net revenues. The reserve fund:
(1) may not exceed an amount equal to the amount of lease rental payable from net revenues for two (2) years;
(2) shall be held and used only for the purpose of paying lease rental payable from net revenues if the net revenues at any time are insufficient for that purpose; and
(3) may be invested as provided in the lease and all interest or other income from investment becomes part of the reserve fund.
(b) If the fund contains the maximum amount and a part of the lease rental is payable from taxes, the interest or other income shall be transferred to the fund described in section 32 of this chapter to be used for the payment of the lease rental provided to be paid from taxes. If none of the rental is payable from taxes, the interest or other income becomes a part of the reserve fund.
[Pre-1993 Recodification Citation: 16-12-20-12(b).]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-17. Payment of Lease Rentals From a Cumulative Building Fund

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 is insufficient to pay the lease rental, the lease must provide that the remaining lease rental be paid entirely from the net revenues of the hospital. As long as the lease remains in effect:
(1) the amount of the cumulative building fund committed and pledged may not be expended by the lessee for any other purpose; and
(2) the tax levy for that cumulative building fund may not be reduced or rescinded by the county council.
(b) If a lease provides for payment of lease rental as provided in this section, the approval of the county fiscal body is not required for the lease or the sale of land by the county to the authority under section 16 of this chapter.
[Pre-1993 Recodification Citation: 16-12-20-12.5 part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-18. Hearing on Terms of Proposed Lease; Notice

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 before the final execution of the lease, the county auditor shall publish notice of a public hearing to be held in the county by the county executive not less than ten (10) days after the publication of the notice. The notice of the hearing shall be published one (1) time in a newspaper of general circulation printed in the English language and published in the county. The notice must name the day, place, and hour of the hearing and must set forth a brief summary of the principal terms of the lease, including a description of the property to be leased, the lease rental, the term of the lease, and where the proposed lease, drawings, plans, specifications, and estimates may be examined. The proposed lease and the drawings, plans, specifications, and estimates of construction cost for the building shall be open to inspection by the public during the ten (10) day notice period and at the meeting. All persons have a right to be heard at the meeting on the necessity for the lease and whether the lease rental is fair and reasonable. The hearing may be adjourned to a later date or dates and to a place fixed before the adjournment.
[Pre-1993 Recodification Citation: 16-12-20-13(a) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-19. Authorization and Execution of Lease

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 records of the county executive. The lease shall be executed:
(1) on behalf of the county by at least a majority of the members of the county executive; and
(2) on behalf of the authority by the president or vice president and secretary of the governing board of the authority.
[Pre-1993 Recodification Citation: 16-12-20-13(a) part.]
As added by P.L.2-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-20. Notice of Execution of Authorized Lease; Taxpayer Objections

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) taxpayers in the county whose tax rate will be affected by the proposed lease may file a petition with the county auditor not more than thirty (30) days after publication of notice of the execution of the lease. The petition must set forth the objections to the lease and facts showing that the execution of the lease is unnecessary or unwise or that the lease rental is not fair and reasonable.
(b) The authority for taxpayers to object to a proposed lease described in subsection (a) does not apply if the authority complies with the procedures for the issuance of bonds and other evidences of indebtedness described in IC 6-1.1-20.
[Pre-1993 Recodification Citation: 16-12-20-13(b) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.35-1997, SEC.11; P.L.146-2008, SEC.434.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-21. Submission of Objections to Department of Local Government 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 added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.388.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-22. Hearing by Department of Local Government Finance; Notice

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 may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the county executive and to the first ten (10) taxpayer petitioners by certified mail sent to the addresses listed on the petition at least five (5) days before the hearing date.
[Pre-1993 Recodification Citation: 16-12-20-13(b) part.]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.389; P.L.38-2021, SEC.58.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-23. Time for Bringing Action to Contest or Enjoin Lease

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 local government finance, not more than thirty (30) days after the decision of the board.
[Pre-1993 Recodification Citation: 16-12-20-13(c).]
As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.390.
2023 Indiana Code › Title 16. Health › Article 22. County Hospitals › Chapter 6. County Hospital Building Authorities › 16-22-6-24. Lease Options; Renewal or Purchase

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 date fixed in the lease at a price equal to the amount required to enable the authority to do the following:
(A) Redeem all outstanding securities payable out of the rentals provided for in the lease and all premiums and accrued and unpaid interest payable on that redemption.
(B) Pay all other indebtedness and obligations of the authority attributable to the acquisition, construction, renovation, and leasing of the buildings, including any cost of liquidation of the authority.
(b) The lease does not create an obligation for the county to purchase a leased building or an obligation to a creditor or bondholder of the authority.
(c) A county exercising an option to purchase may issue general obligation bonds to procure funds to purchase the building. The bonds shall be authorized, issued, and sold in accordance with the laws authorizing the issuance and sale of bonds for other county purposes.
[Pre-1993 Recodification Citation: 16-12-20-14.]
As added by P.L.2-1993, SEC.5.