§ 16-23-1-47 — Board of directors; authority and powers; direct financial subsidies

Indiana § 16-23-1-47

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 23: MUNICIPAL AND OTHER TYPES OF
• Ch. 1: City Hospitals in Third Class Cities

Text

(a) The board of directors has the authority
and powers granted to boards of nonprofit corporations under IC 23-17,
including the powers to do the following:
(1) Enter shared service agreements and other cooperative
ventures.
(2) Join or sponsor memberships in organizations and associations
that benefit the hospital.
(3) Incorporate other corporations.
(4) Allow members of the board or officers or administrators of
the hospital to serve as directors of the following:
(A) Organizations or associations that benefit the hospital.
(B) Partnerships, limited liability companies, or other
corporations.
(C) Shared service agreements and other cooperative ventures.
(5) Offer to the general public, directly or indirectly, products and
services of any entity created under this subsection.
(6) Sue and be sued in the board's own name.
(7) Enter into contracts.
(8) Perform all other duties and exercise all other powers
prescribed by law.
(b) The existence of authority or power under subsection (a) shall
be determined in favor of the hospital if generally authorized or
existing under IC 23-17. A resolution of the board of directors is
presumptive evidence of a power.
(c) If a county or city fiscal body provides a direct financial subsidy
to a hospital from a tax levy at the time a hospital exercises the
hospital's powers under subsection (a), the hospital may not provide the
funds from a tax levy to an entity created under subsection (a) for more
than three (3) years. After three (3) years, all money, with interest, must
be repaid in not more than ten (10) years.
[Pre-1993 Recodification Citations: 16-12.2-5-3 part;
16-12.2-5-39.]

Legislative History

As added by P.L.2-1993, SEC.6. Amended by P.L.8-1993, SEC.251.