§1055. Powers and duties of commission
A. In addition to the duties defined elsewhere in this Chapter, the
commission shall have the duty and authority:
(1)To represent the public interest in providing hospital and medical
care in the district.
(2)To advise the police jury and the hospital director on problems
concerning the operation of the hospital and other facilities.
(3)To make, alter, amend, and promulgate rules and regulations
governing the conduct of the hospital.
(4)To conduct hearings and pass upon complaints by or against any
officer or employee of the district.
(5)To review and modify, or set aside any action of the officers or
employees of the district which the commission may determine to be desirable
or necessary in the public interest.
(6)To appoint, with the approval
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§1055. Powers and duties of commission
A. In addition to the duties defined elsewhere in this Chapter, the
commission shall have the duty and authority:
(1) To represent the public interest in providing hospital and medical
care in the district.
(2) To advise the police jury and the hospital director on problems
concerning the operation of the hospital and other facilities.
(3) To make, alter, amend, and promulgate rules and regulations
governing the conduct of the hospital.
(4) To conduct hearings and pass upon complaints by or against any
officer or employee of the district.
(5) To review and modify, or set aside any action of the officers or
employees of the district which the commission may determine to be desirable
or necessary in the public interest.
(6) To appoint, with the approval of the medical staff, a director of the
hospital and to perform such other duties as may now or hereafter be required
by law.
(7) To appoint the necessary standing and special committees which
may be necessary to carry out the purposes of this Chapter.
(8) To establish rates of pay for the use of facilities provided by the
district.
(9) To enter into lease agreements with recognized and duly constituted
nonprofit associations which are primarily engaged in the operation of
hospitals.
B. In addition to the powers and duties set forth in Subsection A of this
Section, the commission may enter into a special services agreement with any
person, including but not limited to a hospital management firm or hospitals,
to manage, operate, and administer a hospital or hospitals, or any part thereof,
under the control of the commission for the benefit of the hospital service
district. Any special services agreement may include a negotiated lease of the
district's facilities where the agreement provides for permanent improvements
to be made, constructed, or placed upon the leased facilities in the amount of
not less than one million dollars, providing that the term of the lease shall not
exceed fifty years, and the lessor shall reserve all mineral rights to any land
involved. The term of all such negotiated leases in force on July 1, 1987, may
be extended by an additional term not to exceed twenty years, on such terms
and conditions as may be negotiated between hospital service districts and
their respective lessees. Any lease may be mortgaged, pledged, hypothecated,
subleased, transferred, or assigned only for the purpose of financing the
permanent improvements. The notice of intent to enter into a special services
agreement shall be published in the official journal at least sixty days prior to
the effective date of the contract. However, any such hospital service district,
including any such district which has contracted with an association or entity
primarily engaged in the operation of hospitals to manage, operate, and
administer a hospital or hospitals within the hospital service district, shall be
considered a public entity as defined under the provisions of R.S.
38:2211(A)(1) and all construction work undertaken shall be performed in
accordance with the provisions of R.S. 38:2212. The provisions of this
Subsection shall not apply to any facility of the charity hospital system of the
state of Louisiana.
C. With approval of the police jury, a commission may without the
necessity of competitive bidding or competitive negotiations also enter into
special service agreements with any person who is a licensed contractor
operating under any contract with the Louisiana Department of Health,
whereby the licensed contractor will operate and manage all or any part of any
facility owned by the hospital service district, in a manner and for a purpose
consistent with the types of services being provided by the licensed contractor
under any contract with the Louisiana Department of Health; provided that
prior to entering into any such special service agreement, both the police jury
and the commission must find that continued operation of all or any part of
such facility for hospital purposes is no longer necessary or feasible to
accomplish the objects and purposes set forth in R.S. 46:1052. The provisions
of this Subsection shall not apply in the parishes of Lafourche and Terrebonne
and in Ward 11 of Jefferson Parish.