SB 292-1_ Filed 01/21/2010, 10:18
The Senate Committee on Health and Provider Services, to which was referred Senate Bill No. 292, has
had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
SOURCE: Page 1, line 1; (10)AM029203.1. -->
Page 1, delete lines 1 through 5, begin a new paragraph and insert:
SOURCE: IC 16-22-3-1; (10)AM029203.1. -->
"SECTION 1. IC 16-22-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The governing
board is the supreme authority in a hospital and is responsible for the
management, control, and operation of the hospital. The board has the
powers and duties set forth in this chapter.
(b) The governing board has the powers granted to boards of
nonprofit corporations under IC 23-17, including the powers to:
(1) join or sponsor membership in organizations and associations
that benefit hospitals;
(2) enter into partnerships and joint ventures;
(3) incorporate other corporations;
(4) offer to the general public products and services of any
organization, association, partnership, or corporation described
under this subsection; and
(5) own or operate health facilities located inside or outside
except to the extent the powers are inconsistent with this article or are
specifically prohibited by law.
(c) In construing subsection (b), the existence of the authority or a
power shall be determined in favor of the hospital if generally
authorized or existing under IC 23-17. A resolution of the governing
board is presumptive evidence of the existence of the hospital's power
under IC 23-17.
(d) The governing board may appoint and specify the privileges of
the medical staff, with the advice and recommendations of the medical
staff in accordance with section 9 of this chapter. The medical staff is
responsible to the board for the clinical and scientific work of the
hospital and shall advise the board regarding professional problems and
(e) Beginning October 1, 2009, a health facility that became
owned or operated by or on behalf of a county hospital after June
30, 2003, shall pay the health facility quality assessment fee at the
same rate as a health facility that is not operated by a nonstate
government owned or operated entity.".
SOURCE: Page 1, line 17; (10)AM029203.1. -->
Page 1, after line 17, begin a new paragraph and insert:
SOURCE: IC 16-22-8-39; (10)AM029203.3. -->
"SECTION 3. IC 16-22-8-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 39. (a) A hospital
owned, operated, or managed by the corporation shall be for the benefit
of the residents of the county and of every person who becomes sick,
injured, or maimed within the county.
(b) A patient who is able to pay shall pay to the corporation a
reasonable compensation for medicine or hospital services according
to the rules prescribed by the board. The board or the board's
authorized representative may exclude from the hospital a person who
willfully violates the rules. On terms and conditions the board
prescribes, the corporation may:
(1) extend the privileges and use of the hospital, the corporation's
health care programs, and health care facilities to persons residing
outside of the county; and
(2) own or operate
facilities located inside or
outside of the county.
(c) There may not be discrimination against practitioners of any
school of medicine holding unlimited licenses to practice medicine
recognized in Indiana. The licensed practitioners are entitled to equal
privileges in treating patients in the hospital.
(d) Beginning October 1, 2009, a health facility that became
owned or operated under subsection (b) after June 30, 2003, shall
pay the health facility quality assessment fee at the same rate as a
health facility that is not owned or operated by a nonstate
government owned or operated entity.
Renumber all SECTIONS consecutively.
(Reference is to SB 292 as introduced.)
and when so amended that said bill do pass .
Committee Vote: Yeas 6, Nays 3.
Senator Miller, Chairperson
AM 029203/DI 104 2010