HomeMy WebLinkAboutA002 - House File 260 House File 260 - Enrolled
HOUSE FILE 260
AN ACT
RELATING TO THE OPERATION OF COUNTY, CITY, AND MEMORIAL
HOSPITALS AND THE DUTIES AND POWERS OF HOSPITAL TRUSTEES
AND COMMISSIONERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 21.5, subsection 1, paragraph 1, Code
2009, is amended to read as follows:
1. To discuss patient care quality and process improvement
initiatives in a meeting of a public hospital or to discuss
marketing and pricing strategies or similar proprietary
information in a meeting of a public hospital, where public
disclosure of such information would harm such a hospital's
competitive position when no public purpose would be served by
public disclosure. The minutes and the audio recording of a
closed session under this paragraph shall be available for
public inspection when the public disclosure would no longer
harm the hospital's competitive position. For purposes of
this paragraph, "public hospital" means the same as defined in
section 249J.3. This paragraph does not apply to the
information required to be disclosed pursuant to section
347.13, subsection -14 11, or to any discussions relating to
terms or conditions of employment, including but not limited
to compensation of an officer or employee or group of officers
or employees.
Sec. 2. Section 37.9, subsection 5, Code 2009, is amended
to read as follows:
5. The commissioners having the management and control of
a memorial hospital shall, within ten days after their
appointment, qualify by taking the usual oath of office, but
no bonds shall be required of them emeept as h_==_n="e
pr-e*lded. The commissioners shall organize by electing a
chairperson, secretary, and treasurer. The s__-e`aEy and-
-tEeasur-eE shall eaeh file-with the ,.ha r f to
eeRuftissien a-surety -in seek sum as the eemmissi:en may
requite, with sur-etles appr-effedby the—eemmisslenf fer the use
and benefit of the-meme tai hespital. The Eeasenable eests ef
seeh-bends shall-be-ward €rem-epefa€ing funds e€ the `�e_r'_ta .
The secretary shall immediately report to the county auditor
and county treasurer the names of the chairperson, secretary,
and treasurer of the commission. The commission shall meet at
least- nee eaeh men}`, as necessary to adequately oversee the
operation of the hospital. A majority of the commission
members shall constitute a quorum for the transaction of
business. The secretary shall keep a complete record of its
proceedings. The commissioners of a memorial hospital shall
have all of the powers and duties necessary to manage,
control, and govern the memorial hospital including but not
HF 260--Enrolled Bill.doc 1
_limited to any applicable powers and duties granted boards of
_ trustees under other provisions of the Code relating to
hospitals, nursing homes, assisted or independent living
services, and other ancillary services irrespective of the
_chapter of the Code under which such institutions are
established, organized, operated, or maintained, unless such
provisions conflict with this chapter.
Sec. 3. Section 249J.24, subsection 6, paragraph b, Code
2009, is amended to read as follows:
b. The board of trustees of the acute care teaching
hospital identified in this subsection and the department
shall execute an agreement under chapter 28E by July 1, 2005,
and annually by July 1, thereafter, to specify the
requirements relative to distribution of the proceeds and the
distribution of moneys to the hospital from the IowaCare
account. The agreement shall include provisions relating to
exceptions to the deadline for submission of clean claims as
required pursuant to section 249J.7 and provisions relating to
data reporting requirements regarding the expansion
population. The agreement may also include a provision
allowing such hospital to limit access to such hospital by
expansion population members based on residency of the member,
if such provision reflects the policy of such hospital
regarding indigent patients existing on April 1, 2005, as
adopted by its board of hospital trustees puEseant to seetlen
347.14, subseetlen 4.
Sec. 4. Section 331.321, subsection 1, paragraph p, Code
2009, is amended to read as follows:
p. A temporary board of hospital trustees in accordance
with sections 347.9, 347.9A, and 347.10 if a proposition to
establish a county hospital has been approved by the voters.
Sec. 5. Section 347.7, Code 2009, is amended to read as
follows:
347.7 TAX LEVIES.
1. a. If a county hospital is established, the board of
supervisors, at the time of levying ordinary taxes, shall levy
a tax at the rate voted not to exceed fifty=four cents per
thousand dollars of assessed value in any one year for the
erection and equipment of the hospital, and also a tax not to
exceed twenty=seven cents per thousand dollars of value for
the improvement, maintenance, and replacements of the
hospital, as certified by the board of hospital trustees.
However, in counties having a population of two hundred
twenty=five thousand or over, the levy for taxes payable in
the fiscal year beginning July 1, 2001, and for subsequent
fiscal years, for improvements and maintenance of the hospital
shall not exceed two dollars and five cents per thousand
dollars of assessed value in any one year.
b. The proceeds of the taxes constitute the county public
hospital fund and The fund is subject to review by the
board of supervisors in counties having a population of two
hundred twenty=five thousand or over. However, the board of
trustees of a county hospital, where funds are available in
the county public hospital fund of the county which are
unappropriated, may use the unappropriated funds for erecting
and equipping hospital buildings and additions to the hospital
buildings without authority from the voters of the county.
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2. Ne A levy shall not be made for the improvement,
maintenance, or replacements of the hospital until the
hospital has been constructed, staffed, and receiving
patients. If revenue bonds are issued and outstanding under
section 331.461, subsection 2, paragraph "d", the board may
levy a tax to pay operating and maintenance expenses in lieu
of the authority otherwise contained in this section not to
exceed twenty=seven cents per thousand dollars of assessed
value or not to exceed one dollar and twenty=one and one=half
cents per thousand dollars of assessed value for improvements
and maintenance of the hospital in counties having a
population of two hundred twenty=five thousand or over.
3. In addition to levies otherwise authorized by this
section, the board of ire hospital trustees may
Certify for levy a tax at the rate, not to exceed twenty=seven
cents per thousand dollars of assessed value, necessary to
raise the amount budgeted by the board of hospital trustees
for support of ambulance service as authorized in section
347.14, subsection 44 8.
4. a. The tax levy authorized by this section for
operation and maintenance of the hospital may be available in
whole or in part to any county with or without a county
hospital organized under this chapter, to be used to enhance
rural health services in the county. However, the tax levied
may be expended for enhancement of rural health care services
only following a local planning process. The Iowa department
of public health shall establish guidelines to be followed by
counties in implementing the local planning process which
shall require legal notice, public hearings, and a referendum
in accordance with this seetien and seetlen 347.30 subsection
prior to the authorization of any new levy or a change in the
use of a levy. The notice shall describe the new levy or the
change in the use of the levy, indicate the date and location
of the hearing, and shall be published as least once each week
for two consecutive weeks in a newspaper having general
circulation in the county. The hearing shall not take place
prior to two weeks after the second publication.
b. Enhancement of rural health services for which the tax
levy pt3 61 an1 $e this—Qccc— may be used includes but is not
limited to emergency medical services, health care services
shared with other hospitals, rural health clinics, and support
for rural health care practitioners and public health
services.
C. When alternative use of funds from the tax levy
a he iced by this—eeetien is proposed in a county with a
county hospital organized under this chapter, use of the funds
shall be agreed upon by the elected board of trustees of the
county hospital. When alternative use of funds from the tax
levy aather-ised by this seetien is proposed in a county
without a county hospital organized under this chapter, use of
the funds shall be agreed .upon by the board of supervisors and
any publicly elected hospital board of trustees within the
county prior to submission of the question to the voters.
d. Moneys raised from a tax levied in accordance with this
mph subsection for the purpose of enhancing rural health
services in a county without a county hospital shall be
designated and administered by the board of supervisors in a
HF 260--Enrolled Bill.doc 3
manner consistent with the purposes of the levy.
Sec. 6. Section 347.9, Code 2009, is amended to read as
follows:
347.9 TRUSTEES == APPOINTMENT == TERMS OF OFFICE.
When it has been determined by the voters of a county to
establish a county public hospital, the board shall appoint
seven trustees chosen from among the resident citizens of the
county with reference to their fitness for office, and not
more than four of the trustees shall be residents of the city
at which the hospital is located. The trustees shall hold
office until the following general election, at which time
their successors shall be elected, two for a term of two
years, two for four years, and three for six years, and they
shall determine by lot their respective terms, and thereafter
their successors shall be elected for regular terms of six
years each. A per-sen eE a-per-sen with medieafer-
speelal staff pElvileges 1-
than eee t-kleus n.d f4:*e hundr-eEj Eie , in a--ealendaE
--the eeianty-itidlle hospital el= elsfeet eE lndl ee{
e-h
al�eda yeaE fEef-a per
the hnsPi tal shall t bclgible to sa ne as a t-13stee �
that ublie hay ltal�'� p ReweveE, this seetlen
hesialtal is te-t1
--with mental EetaEdatlenr as deflned-in seetlen 222.2.
Sec. 7. NEW SECTION. 347.9A TRUSTEE ELIGIBILITY =-
CONFLICT OF INTEREST.
1. The following persons shall not be eligible to serve as
a trustee for a county public hospital:
a. A person or spouse of a person with medical or special
staff privileges in the county public hospital.
b. A person or spouse of a person who receives direct
compensation in an amount greater than one thousand five
hundred dollars in a calendar year from the county public
hospital.
2. The transactions of a hospital trustee or a hospital
trustee's spouse shall be limited as follows:
a. A conflict of interest transaction is a transaction
with the hospital in which a hospital trustee or a hospital
trustee's spouse has a direct interest of less than or equal
to one thousand five hundred dollars or indirect interest in
any amount. A conflict of interest transaction is not
voidable on the basis of the conflict of interest if all of
the following are true:
(1) The material facts of the transaction and the interest
of the trustee or the trustee's spouse were disclosed or known
to the board of hospital trustees.
(2) The board of hospital trustees authorized, approved,
or ratified the transaction. A conflict of interest
transaction is authorized, approved, or ratified if it
receives the affirmative vote of a majority of the
disinterested trustees at a meeting where a quorum is present
and where three or more trustees are disinterested in the
conflict of interest transaction.
HF 260--Enrolled Bill.doc
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(3) The transaction was fair to the hospital at the time
of the transaction.
b. For the purposes of this section, a trustee has an
indirect interest in a transaction if either of the following
is true:
(1) Another entity in which the trustee or the trustee's
spouse has a material interest or in which the trustee or the
trustee's spouse is a general partner is party to the
transaction.
(2) Another entity of which the trustee or the trustee's
spouse is a director, officer, or trustee is a party to the
transaction.
3. This section does not prohibit a licensed health care
practitioner from serving as a hospital trustee if the
practitioner's sole use of the county hospital is to provide
health care service to an individual with mental retardation
as defined in section 222.2. .
Sec. 8. Section 347.10, Code 2009, is amended to read as
follows:
347.10 VACANCIES.
Vacancies -i-R on the board of trustees may, until the next
general election, be filled by appointment by the remaining
members of the board of trustees or, if fewer than four
-
trustees remain on the board, by the board of supervisors for
the period until the vacancies are filled by election. An
appointment made under this section shall be for the unexpired
balance of the term of the preceding trustee. If afi-y a board
member is absent for four consecutive regular board meetings,
without prior excuse, the member's position shall be declared
vacant and filled as set out in this section.
Sec. 9. Section 347.11, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
347.11 ORGANIZATION == MEETINGS == QUORUM.
Hospital trustees shall qualify by taking the usual oath of
office as provided in chapter 63 and organize by the election
of a chairperson, a secretary, and a treasurer. The secretary
shall report to the county auditor and county treasurer the
names of the chairperson, secretary, and treasurer of the
board of hospital trustees as soon as practicable after the
qualification of each. A board of hospital trustees shall
meet as necessary to adequately oversee the operation of the
hospital. Four trustees shall constitute a quorum necessary
for actions by the board of hospital trustees. The secretary
shall maintain a complete record of board meetings,
proceedings, and actions.
Sec. 10. Section 347.12, Code 2009, is amended to read as
follows:
347.12
COLLECTED == ACCOUNTING PRACTICES. REVENUE
�'he t -ea e eeunt hespitaj shall Eeeelv—�
acid, er �ned-b} the e alr peEeea IRf the beaad a€��, e
--vZ�3 k3t3 e 3-9 rt l a t4!ens a geveEn the uEehase-6-f-
9HPa-i f, ��.9 a�3f���rwi rsc ��-.
o�rr ceut the-p Elems--e rr,f }
-�+ the'�vax-i `�'�3e--�l�x cx�iusli3 xx
�e�t}�$��ei3s
ieft
HF 260--Enrolled Bill.doc
5
e f
upe
-beam- -ee l}ete stagy om ill Eeeeipts and,
from all €ems-c}trr-i:pei-ieg-t h�� eed}erg mar�tl3=-a -a}se- >
-ba}aeEi Be aRate-Bush--€'dfids at the-elese of the
1. Before the fifteenth day of each month, the county
treasurer shall give notice to the chairperson of the board of
hospital trustees or the chairperson's designee of the amount
of revenue collected for each fund of the hospital to the
first day of that month and the county treasurer shall pay the
taxes to the treasurer of the hospital as provided in section
331.552, subsection 29.
2. a. The hospital administrator, or the administrator's
_designee, shall ensure that all accounts, funds, reports, and
financial statements of the count hos ital conform to
_ generally accepted accounting principles as established by the
governmental accounting standards board
b. The hospital administrator, or the administrator's
_designee, shall file a financial report with the board of
_hospital trustees on or before the date of each regularly
scheduled board meetin2 for the eriod of time since the
board's previous regularly scheduled meeting
Sec. 11. Section 347.13, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
347.13 BOARD OF TRUSTEES == DUTIES.
A board of hospital trustees' duties shall include all of
the following:
1. Engage in all activities necessary to manage, control,
and govern the hospital unless otherwise prohibited under this
chapter.
2. Exercise all the rights and duties of hospital trustees
including but not limited to authorizing the delivery of any
health care service, assisted or independent living service,
or other ancillary service.
3. Adopt bylaws and rules for its own guidance and for the
government of the hospital.
4. Exercise fiduciary duties in accordance with section
504.831, subsections 1 through 5.
5. Employ or contract for an administrator and fix the
administrator's compensation. The administrator shall have
authority to oversee the day=to=day operations of the hospital
and its employees.
6. Approve the appointment of a qualified medical staff
and oversee the quality of medical care and services provided
by the hospital.
7. Manage and control the hospital's funds in accordance
with chapter 540A. In addition to investments permitted under
section 12B.10, county hospital investments may include common'
stocks.
8. Establish charity care policies for free treatment or
HF 260--Enrolled Bill.doc
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financial assistance for care provided by the hospital, and
fix the price to be charged to other patients admitted to the
hospital for care and treatment.
9. Procure and pay premiums on any and all insurance
Policies required for the prudent management of the hospital
including but not limited to public liability, professional
malpractice liability, workers' compensation, and vehicle
liability. Said insurance may include as additional insureds
members of the board of trustees and employees of the
hospital. This subsection applies to all county hospitals
whether organized under this chapter, chapter 347A, chapter
37, or otherwise established by law.
10. Certify levies for a tax in excess of any tax levy
limit to meet its obligations to pay the premium costs on tort
liability insurance, property insurance, workers' compensation
insurance, and any other insurance that may be necessary for
the prudent management and operation of the county public
hospital, the costs of a self=insurance program, the costs of
a local government risk pool, and amounts payable under any
insurance agreements to provide or procure such insurance,
self=insurance program, or local government risk pool.
11. Publish quarterly in each of the official newspapers
of the county as selected by the board of supervisors pursuant
to section 349.1 the schedule of bills allowed, and publish
annually in such newspapers the schedule of salaries paid by
job classification and category, but not by listing names of
individual employees. The names, business addresses,
salaries, and job classification of employees paid in whole or
in part from a tax levy shall be a public record and open to
inspection at reasonable times as designated by the board of
trustees.
12. Fix the amount necessary for the improvement and
maintenance of the hospital and for support of ambulance
service during the ensuing fiscal year, and certify the amount
to the county auditor before March 15 of each year, subject to
any limitation in section 347.7.
Sec. 12. Section 347.14, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
347.14 BOARD OF TRUSTEES == POWERS.
The board of trustees may:
1. Purchase, condemn, or lease a site for such public
hospital and provide and equip suitable hospital buildings.
2. Cause plans and specifications to be made and adopted
for all hospital buildings, and advertise for bids, as
required by law for other county buildings, before making a
contract for the construction of a building.
3. Accept property by gift, devise, bequest, or otherwise.
If the board deems it advisable, the board may sell, lease,
exchange, or otherwise dispose of any hospital property upon a
concurring vote of a majority of all members of the board of
hospital trustees. The proceeds of such sale, lease,
exchange, or other disposition may be applied to any lawful
purpose, subject to approval of the board.
4. Borrow moneys to be secured solely by hospital revenues
for the purposes of improvement, maintenance, or replacement
of the hospital or for hospital equipment.
5. Establish and maintain in connection with the hospital
HF 260--Enrolled Bill.doc
a training school for nurses or other health professions.
6. Establish a fund for depreciation as a separate fund.
Moneys deposited in the fund shall remain in the fund until
such time as in the judgment of the board of trustees it is
deemed advisable to use the funds for hospital purposes.
Interest earned on moneys in the fund shall be deposited in
the fund.
7. Operate a health care facility as defined in section
135C.1 in conjunction with the hospital.
8. Purchase, lease, equip, maintain, and operate an
ambulance or ambulances to provide necessary and sufficient
ambulance service or to contract for such vehicles, equipment,
maintenance, or service when such ambulance service is not
otherwise available.
9. a. Submit to the voters at an election held on a date
specified in section 39.2, subsection 4, paragraph "a", a
proposition to sell or lease a county public hospital for use
as a private hospital or as a merged area hospital under
chapter 145A or to sell or lease a county hospital in
conjunction with the establishment of a merged area hospital.
The authorization of the board of hospital trustees submitting
the proposition may, but is not required to, contain
conditions which provide for maintaining hospital care within
the county, for the retention of county public hospital
employees and staff, and for the continuation of the board of
trustees for the purpose of carrying out provisions of
contracts. Proceeds from the sale or lease of the county
hospital or other assets of the board of trustees shall not be
used for the prepayment of health care services for residents
of the county with the purchaser or lessee of the county
hospital or to underwrite the sale or lease of the county
hospital.
b. The proposition submitted to the voters of the county
shall not be set forth at length, but it shall be in
substantially the following form:
"Shall the board of hospital trustees of . . . . . . . . . .
county, state of Iowa, be authorized to . . . . . . . . . . . . . .
authorization which may exclude the conditions) in accordance
with the terms of authorization approved at the meeting of
. (cite date) of the board of hospital trustees?"
C. If the proposition is approved by a majority of the
total votes cast for and against the proposition at the
election, the board of hospital trustees shall proceed to
carry out the authorization granted.
10. If the board authorizes delivery of additional health
care services, assisted or independent living services, or
other ancillary services under section 347.13, subsection 2,
the board is granted all of the powers and duties necessary
for the management, control, and government of the
institutions including but not limited to any applicable
powers and duties granted boards of trustees under other
provisions of the Code relating to hospitals, nursing homes,
assisted or independent living services, and other ancillary
services irrespective of the chapter of the Code under which
such an entity is established, organized, operated, or
maintained, unless such provisions are in conflict with this
section and section 347.13.
HF 260—Enrolled Bill.doc
8
Sec. 13. Section 347.16, subsection 4, Code 2009, is
amended by striking the subsection.
Sec. 14. Section 347.19, Code 2009, is amended to read as
follows:
347.19 COMPENSATION == EXPENSES.
Ne A trustee shall not receive any compensation for
services performed under this chapter, but a trustee shall be
reimbursed for any-ea ' d i� E
F��ng�-s--a-c teall�-made-z-o�
-Pe-rr� actual and necessary expenses incurred in the
performance of the trustee's duties. An itemized statement e f
alleweel by an ,ff ete of all„ t usfees-�,�eee�t a1 t#e
-Ffteet-ing e€ the beard
Sec. 15. Section 347A.1, Code 2009, is amended to read as
follows:
347A.1 REVENUE BONDS == TRUSTEES == ADMINISTRATION.
1. A county having a population less than one hundred
fifty thousand may issue revenue bonds for a county hospital
as provided in section 331.461, subsection 2, paragraph "e".
2. a. The administration and management of the hospital
shall be vested in a board of hospital trustees consisting of
five or seven members. Appointments for a five=member board
shall be made by the board of supervisors from among the
resident citizens of the county with reference to their
fitness for office, and not more than two of the trustees
shall be residents of the same township. BHPanaie f
rvneeu
'- 4 Fe=FkPiA—b tiY t-n beE beard ef trustees shall
—enly en a F .jvrrl=�,.._ef the fl-y b
until the
Ptl8n and the ether- appeintee
8 ha-l-! 62- ya—�i n t' �- ..,a - , ,
eetlen at
which t,m eeleeted.
b. The trustees shall hold office until the next
succeeding election, at which time their successors shall be
elected, two for a term of two years, two for a term of four
years and one for a term of six years, and thereafter their
successors shall be elected for regular terms of six years
each. Vacancies 4rft on the board of trustees may be filled in
the same manner as original appointments, to hold office until
the vacancies are filled pursuant to section 69.12.
C. The trustees shall qualify by taking the usual oath of
office as provided in chapter 63, but no bond shall be
required of them. The trustees shall receive no compensation
but shall be reimbursed for all expenses incurred by them iw}th
the appreval ef the beard s tfastees in the performance of
their duties.
d. The board first appointed shall organize promptly
following its appointment-- and shall serve until successors
are elected and qualified- theE� Thereafter, and no
later than December 1 of each year, the board shall reorganize
by the appointment of a chairperson, secretary, and treasurer.
TheTctar-y at��
HF 260--Enrolled Bill.doc
9
The eat ef the bends shall be paid fEeffi
the-e eE t• funds e€ the The secretary shall
report to the county auditor and the county treasurer the
names of the chairperson, secretary, and treasurer of the
board as soon as practicable after the appointment of each.
The tEeasaEeE of the Qeiantyhesp±tal shall Eeeelv -ate
dl8buEse all
d eeunteEsigaed by the ehalfpeEsen e€ the beaEd a€teE the
adept r teas te- frse r3 theft ehase
p eeifled--�6 aE z3 "371 Fl--�t Gv^iziees withAF3t the-p3 tF)t ct r
leatien
ef the beefEi. The shall
. l l r
ng y
''espital shall keep a-aeeurate
47
fftenth, a-eefffptete,tatef nt of a!l feeeipts and dish
ufseffients
� t re Qeedisg month, and alse the
b e €ands at the elese e€ the
-pied ee
e. Expansion from a five=member to a seven=member board of
trustees shall occur only on approval of a majority of the
five=member board of trustees. The five=member board of
trustees shall appoint members to the additional vacancies,
one appointee shall serve until the succeeding general
election, and the other appointee shall serve until the second
succeeding general election at which times successors shall be
elected.
3. a. Before the fifteenth day of each month, the county
treasurer shall give notice to the chairperson of the board of
trustees, or the chairperson's designee, of the amount of
revenue collected for each fund of the hospital to the first
day of that month and the county treasurer shall pay the taxes
to the treasurer of the hospital as provided in section
331.552, subsection 29.
b. The hospital administrator, or the administrator's
designee, shall ensure that all accounts, funds, reports, and
financial statements of the county hospital conform to
generally accepted accounting principles as established by the
governmental accounting standards board
C. The hospital administrator, or the administrator's
designee, shall file a financial report with the board of
hospital trustees on or before the date of each regularly
scheduled board meetinq for the period of time since the
board's previous regularly scheduled meeting.
4. a. The aEd-a€-hesplt,al t.Eust-ees-Fnay empley, fliE the
t o ehs i e a l and e theE empl eye e s as it drefas-seeps sa T-y- fe.�
-RFC m,i nt f the hespital, and-disbuEseinentf
aftEi
he,�:t ,
tr _�: -_heecr+a ses tra}sieg-&eh-er
The board of trustees shall make all rules and regulations
governing its meetings and the management, government, and
HF 260--Enrolled Bill.doc
10
operation of the county hospital and shall fix charges for the
services furnished so that the revenues will be at all times
sufficient in the aggregate to provide for the payment of the
interest on and principal of all revenue bonds issued and
outstanding for the hospital, and for the payment of all
operating and maintenance expenses of the hospital.
The beard re€-hespita1 trustees b t r
r
be invested inUnite states geveEftment bed-the
-aeeumulatlen e€ inter-eat en the bends shall be used €eE the
b. The board of trustees shall have all of the poHers and
duties necessary to manage, control, and govern the county
hospital including but not limited to any applicable powers
and duties granted boards of trustees under other provisions
of the Code relating—to hospitals, nursing homes, assisted or
independent living services, and other ancillary services
_irrespective of the chapter of the Code under which such
institutions are established, organized, operated, or
maintained, unless such provisions are in conflict with this
section.
Sec. 16. Section 392.6, Code 2009, is amended to read as
follows:
392.6 HOSPITAL OR HEALTH CARE FACILITY TRUSTEES.
1. If a hospital or health care facility is established by
a city, the city shall by ordinance provide for the election,
at a geneEaly elty, er special election held pursuant to
section 39.2, subsection 4, paragraph "b", of three trustees,
whose terms of office shall be four years. However, at the
first election, three shall be elected and hold their office,
one for four years and two for two years, and they shall by
lot determine their respective terms. A candidate for
hospital or health care facility trustee must be a resident of
the hospital or health care facility service area within the
boundaries of the state at the time of the election at which
the person's name appears on the ballot. A board of trustees
elected pursuant to this section shall serve as the sole and
only board of trustees for any and all institutions
established by a city as provided for in this section.
2. Gltle
_ -rT�cc4�31=a��i�n9-aft i::oc.citrl=3Hn--a-sFf6vidPd €6�'
erdlaanee laeEease the-ewe -ef
-> ers to five y er seven.— he eEdinanee shall pfevlde €eE the
-establish a five==fnefflber er aeven aembeE beard-aild-shall
-appeintmeet, ene_=half ef the additlenal Faefffibers addedThe
administration and management of an institution as provided
for in this section is vested in a board of trustees
consisting of three, five, or seven members A three=member
board may be expanded to a five=member board, and a
five=member board may be expanded to a seven--member board
Expansion of the membership of the board shall occur only on
approval of a majority of the current board of trustees The
additional members shall be appointed by the current board of
HF 260--Enrolled Bill.doc
11
trustees. One appointee shall serve until the next succeeding
general or regular city election, at which time a successor
shall be elected, and the ram^'nin aej 'ici__1 meffkbers other
appointee shall serve until the second succeeding general or
regular city election, at which time a successor shall be
elected. The eEdieanee shall &Ise pEevlde €ha€ €#e
determination of which election an appointed additional member
shall be required to seek election shall be determined by lot.
Thereafter, the terms of office of such additional members
shall be four years.
-er•ElInanee-which ses the--nuffibee-e€-membeLae e€ the-beaEd
e€ tEust•ees tefive eE seven-FtembeEs-and the F FF
e€ fear of the five FReRibeEs_eE silt e€ the
the same ear the elate ef estiaiL-etien e€ the term e€ eee-e€
the-€euE Fnemk,ers eE twe e€ the slit FRembet=s, te-be
EleteLamined
bY let, shall: be emtended by an aejEjj:td:enal twe years.
3. a. Terms of office of trustees elected pursuant to
general or regular city elections shall begin at noon on the
first day in January which is not a Sunday or legal holiday.
Terms of office of trustees appointed to fill a vacancy or
elected pursuant to special elections shall begin at noon on
the tenth day after appointment or the special election which
is not a Sunday or legal holiday. The trustees shall begin
their terms of office by taking the oath of office, and
organize as a board by the election of one e€ thei= number
trustee as chairperson, one trustee as treasurer, and one
trustee as secretary, but ne bAnd shall be fegtti ed e€ them
Terms of office of trustees shall extend to noon on the first
day in January which is not a Sunday or legal holiday or until
their successors are elected and qualified.
b. Vacancies on the board of trustees may, until the next
general or regular city election, be filled by appeintment--k.+r
the Eemain-ing FaembeEs e€ the-beaEd e€ trustees, unless ifithiFk
feidL-teen days a€tef the appeiatttient is made, there is
with the elty e-1 e -k a pet=tea whieh reEpieets a-speela.1
in the same manner as provided in
section 347.10.
eial eieetieas shall serve the
-uneiilp ed teEfasm aF�F' ref ufitii thei
-e ..eted and g. Izfled. An appointment made under this
paragraph shall be for the unexpired balance of the term of
the preceding trustee If a board member is absent for four
consecutive regular board meetings, without prior excuse, the
member's position shall be declared vacant and filled as set
out in this paragraph.
The-tEeasaEeF of the boaEd-eftEustees-shall-Eeee•ive
-dlsb;aEse-all-funds-under-the eentfel-e€the beard as erdefea
by it. The t i ll-give bend-in a €eEm and
afaeunt as
--deter-mined by the beafd in its diseEetien.
4. #e A trustee shall not receive any compensation for
services performed under this chapter, but a trustee may
Eeeelve Eelffkbursemen-t- shall be reimbursed for a y--eastr
nel-eiEpeases iaeuEfed a&
eaeh e€ the trustees-mod
Fed-with the seer-e#_ r , anEiallewed enly bar-the a€fir-matve
vete 6f the flail beaEd actual and necessary expenses incurred
HF 260--Enrolled Bill.doc 12
in performance of the trustee's duties.
5. The board of trustees shall be vested with authority to
provide for the management, control, and government of the
city hospital or health care facility established as permitted
by this section, and shall provide all needed rules for the
economic conduct thereof and shall annually prepare a
condensed statement of the total receipts and expenditures for
the hospital or health care facility and cause the same to be
published in a newspaper of general circulation in the city in
which the hospital or health care facility is located. in the
€eslll 19e made against pi-aetit€enei-s-s€ an
-sehee' of med Teed----' the laws-cam€ the state
As a part of the bear_dl-
L... F :
Y gift,
f-r-devise, bequest er et#eiawi: e-r—a�d��€ i:he be� Eleefas
all fftembefe e€ the iaeard ef—trustees;,—and apply the-pre_eeas
-legitimate he pital er- health eaEe F
the - - thelE dlseEetlee establish-a €tind-€az
in United States ent—bends and when se invested the
-aeetftr+tAatlen eF inteLlest en the €leads se--ptt ehased-nnall b
--tread-€er the-pui, € i he da eeiatiea €r�ad�—aa i veetment
then se-fade shall: re al I— States Qeve�aitteabeiids
until sideh tifte as in the judgment of the beard a€--r-ustees It
eafe F l t
y purposes.
PST
6. Boards of trustees of institutions provided for in this
section are granted all of the powers and duties necessary for
the management, control, and government of the institutions,
specifically including but not limited to any applicable
powers and duties granted boards of trustees under other
provisions of the Code relating to hospitals, nursing homes,
assisted or independent living services, and a,.,.tedia! hefftes
other ancillary services irrespective of the chapter of the
Code under which such institutions are established, organized,
operated, or maintained, unless such provisions are in
conflict with this section.
Sec. 17. Sections 347.18, 347.28, 347.29, 347.30, and
347A.5, Code 2009, are repealed.
PATRICK J. MURPHY
Speaker of the House
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 260, Eighty=third General Assembly.
HF 260—Enrolled Bill.doc 13
MARK BRANDSGARD
Chief Clerk of the House
Approved 2009
CHESTER J. CULVER
Governor
-1-
HF 260--Enrolled Bill.doc 14