(a) "Board" means a hospital board which is selected in accordance with the provisions of this act and which is vested with the management and control of an existing hospital or a hospital established under the provisions of this act;
(b) "hospital" means a medical care facility as defined in K.S.A. 65-425 and amendments thereto and includes within its meaning any clinic, long-term care facility, limited care residential retirement facility, child-care facility, emergency medical or ambulance service operated in connection with the operation of the medical care facility and joint enterprises for the provision of health care services operated in connection with the operation of the medical care facility;
(c) "hospital moneys" means, but is not limited to, moneys acquired through the issuance of bonds, the levy of taxes, the receipt of grants, donations, gifts, bequests, interest earned on investments authorized by this act and state or federal aid and from fees and charges for use of and services provided by the hospital;
(d) "existing hospital" means a hospital established under the provisions of article 21 of chapter 80 of Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto prior to the effective date of this act and being maintained and operated on the effective date of this act;
(e) "political subdivision" means a township, a city or a hospital district established under the provisions of article 21 of chapter 80 of Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto prior to the effective date of this act or established under this act;
(f) "qualified elector" means any person who has been a bona fide resident within the territory included in the taxing district of a hospital for 30 days prior to the date of any annual meeting or election provided for in this act and who possesses the qualifications of an elector provided for in the laws governing general elections;
(g) As used in this section, a "limited care residential retirement facility" means a facility, other than an adult care home, in which there are separate apartment-style living areas, bedrooms, bathrooms and individual utilities; which facility is available only to individuals 55 years of age or older; and which facility has at least the following characteristics: (1) A common recreational and dining area; (2) planned recreation and social gatherings; (3) laundry facilities or services and housecleaning services; (4) special dietary programs providing at least one meal per day; (5) organized wellness programs; (6) a 24-hour emergency call system in each unit staffed by the hospital district; (7) a nursing staff from the hospital district on 24-hour call for residents; and (8) availability of additional health related services, laundry services, housekeeping, means for individuals with special or additional needs;
(h) "joint enterprise" means a business undertaking by a hospital and one or more public or private entities for the provision of health care services.
History: L. 1984, ch. 374, § 1; L. 1991, ch. 289, § 1; L. 2003, ch. 51, § 3; July 1.
(b) This act shall not affect any judicial proceeding pending or any contract, tax levy, bond issuance or other legal obligation existing on the effective date of this act.
History: L. 1984, ch. 374, § 2; July 1.
(b) Upon the presentation to the board of commissioners of the county in which such political subdivisions, or the greater portion of the territory thereof, are located, of a petition setting forth the boundaries of the proposed hospital district and requesting the formation of such hospital district, and stating that a person who has signed the petition may withdraw such person's name from the petition by giving written notice thereof at any time within three days following the date of signing the petition, excluding Saturdays, Sundays and legal holidays to the county election officer of the county in which such political subdivision, or the greater portion of the territory of the proposed district, is located, signed by not less than 51% of the qualified electors of the proposed district and who reside within the limits of each political subdivision proposing to join in the establishment of the hospital district, the sufficiency of such petitions to be determined by an enumeration taken and verified for this purpose by the county election officer of the county in which such political subdivision, or the greater portion of the territory of the proposed district, is located, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine the petition. If the board of county commissioners finds that the petition is sufficient, regular and in due form as is provided in this section, such board shall enter an order in its proceedings establishing the hospital district. If any political subdivision within the territory of the proposed district owns and is operating a hospital at the time the petitions are filed, the petitions shall be accompanied by a copy of a resolution adopted by the governing body of the political subdivision within such district which owns the hospital, which resolution shall state that the political subdivision agrees to convey the hospital together with all the hospital equipment and the tract of land upon which the hospital is located to and for the use of the proposed hospital district. The governing body of the political subdivision is hereby authorized and directed to adopt such a resolution and to make such conveyance.
(c) Territory included within the boundaries of an existing hospital district operating and maintaining a hospital shall not be included in a new hospital district unless a majority of the qualified electors of the existing hospital district voting at an election vote to be included in such new hospital district. Such election shall be held in conformity with statutes applicable to question submitted elections.
History: L. 1984, ch. 374, § 3; July 1.
(a) Provide for the establishment of a board to be vested with the management and control of the hospital and fix the number of members thereof in accordance with the provisions of subsection (a) of K.S.A. 80-2506;
(b) elect by ballot the members of the first board to serve for designated terms of one, two and three years and until the selection and qualification of their successors who shall be selected in a manner to be determined at the meeting; and
(c) determine the date, time and place of annual meetings of the qualified electors which date, time and place shall be incorporated into the bylaws adopted by the board.
History: L. 1984, ch. 374, § 4; July 1.
History: L. 1984, ch. 374, § 5; July 1.
(b) Upon presentation to the board of commissioners of the county in which the hospital district, or the greater portion of the territory thereof, is located, of a petition requesting a change in the number of board members signed by not less than 5% of the qualified electors of the district, it shall be the duty of the board of county commissioners, at its next regular meeting, to examine the petition. The petition shall set forth the requested number of board members. If the board of county commissioners finds that the petition is sufficient and regular and in due form as is provided in this section, the board of county commissioners shall direct the county election officer of the county to prepare ballots for a special election, including ballots for that portion of the district located in any other county. The county election officers of each county shall present the question to the qualified voters of the district at the next general election in the counties, and the board of county commissioners of each county shall certify the results of the votes cast in the county to the board of county canvassers in the county in which the ballots were prepared. The change in number shall become effective at the next election for board members if a majority of the qualified electors voting on the question vote in favor of the change in number of board members.
(c) Subject to the provisions of subsection (b) of K.S.A. 80-2508, and amendments thereto, members of the board of every existing hospital shall serve as members of such board for the terms for which they were selected and until their successors are selected and qualified. Except as provided by subsection (a)(4) of K.S.A. 80-2508, and amendments thereto, successors to such members shall be selected to serve for a term of three years.
(d) Terms of members of the first board of any hospital established under the provisions of this act shall be as provided for in subsection (b) of K.S.A. 80-2504, and amendments thereto, and shall be staggered so that terms of not more than a simple majority of the members expire at the same time. Thereafter, except as provided by subsection (a)(4) of K.S.A. 80-2508, and amendments thereto, upon the expiration of terms of members first selected, successors to such members shall be selected to serve for terms of three years.
(e) Vacancies in the membership of a board occasioned by death, removal, resignation or any reason other than expiration of a term shall be filled for the unexpired term by appointment by the chairperson of the board with the advice and consent of the remaining members of the board.
History: L. 1984, ch. 374, § 6; L. 1987, ch. 397, § 1; July 1.
(a) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2102, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(b) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2121, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(c) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2141, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(d) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2164, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(e) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2187, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(f) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-21,109, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
(g) Every board which is being selected on the effective date of this act in the manner provided for in K.S.A. 80-2132g, which section is repealed by this act, shall continue to be selected in such manner until changed in accordance with law.
History: L. 1984, ch. 374, § 7; July 1.
(1) Elections of board members shall be held at the annual meeting of the qualified electors of the hospital district for the positions on the board which are to expire in such year.
(2) Board members shall be appointed by the governing bodies of the political subdivisions joining in the operation and maintenance of the hospital.
(3) (A) Elections of board members for three-year terms shall be held on the first Tuesday in April of each year for the positions on the board which are to expire in such year. All positions shall be at-large. Each board member shall take office on the May 1 following the date of election.
(B) Any person desiring to become a candidate for board member shall file with the county election officer of the county in which the political subdivisions joining in the operation and maintenance of the hospital, or the greater portion of the area thereof, are located, before the filing deadline specified in K.S.A. 25-2109, and amendments thereto, either a petition signed by not less than 50 electors eligible to vote for a candidate or a declaration of intent to become a candidate together with a filing fee in the amount of $10.
(C) The county election officer of the county specified in paragraph (B) shall prepare the ballots for such election including ballots for that portion of the district located in any other county. The county election officers of each county shall conduct the election in their respective counties, and the board of county canvassers of each such county shall certify the results of the votes cast in its county to the board of county canvassers in the county in which the ballots for the election were prepared.
(D) Ballots shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled. Such instruction shall specify that the voter may vote for fewer than the total number of candidates for which the voter is qualified to vote.
(E) Where not in conflict with this provision of this subsection, the laws applicable to the election of city officers shall apply to the election of members of the board.
(4) (A) Elections of board members for four-year terms shall be held on the first Tuesday in April of each year for the positions on the board which are to expire in such year. All positions shall be at-large. Each board member shall take office on the May 1 following the date of election.
(B) Any person desiring to become a candidate for board member shall file with the county election officer of the county in which the political subdivisions joining in the operation and maintenance of the hospital, or the greater portion of the area thereof, are located, before the filing deadline specified in K.S.A. 25-2109, and amendments thereto, either a petition signed by not less than 50 electors eligible to vote for a candidate or a declaration of intent to become a candidate together with a filing fee in the amount of $10.
(C) The county election officer of the county specified in paragraph (B) shall prepare the ballots for such election including ballots for that portion of the district located in any other county. The county election officers of each county shall conduct the election in their respective counties, and the board of county canvassers of each such county shall certify the results of the votes cast in its county to the board of county canvassers in the county in which the ballots for the election were prepared.
(D) Ballots shall be prepared in such manner that each voter is instructed to vote for the same number of candidates as the number of positions to be filled. Such instruction shall specify that the voter may vote for fewer than the total number of candidates for which the voter is qualified to vote.
(E) Where not in conflict with this provision of this subsection, the laws applicable to the election of city officers shall apply to the election of members of the board.
(b) If the method of selection of members of the board of any hospital is the method provided for in provision (1) or provision (2) of subsection (a), such method of selection may be changed to the method provided for in provision (3) or provision (4) of subsection (a) by majority vote of the qualified electors voting at an annual meeting thereof. Whenever the method of selection of members of a board is changed to the method provided for in provision (3) or provision (4) of subsection (a), the term of each member serving on the board at the time of the change of method of selection shall expire on May 1 of the year in which the term of such member is to expire, except that for the purpose of electing members to the board at a time to coincide with elections for other purposes, the board may extend the term of any member for not to exceed one year from the date such member's term would otherwise expire and the board of Sublette hospital district may change prior to the election the length of term for one member to be elected at the 1997 election from four years to two years. If the members of the board are currently selected pursuant to provision (3) of subsection (a), the method of selection may be changed to the method provided for in provision (4) of subsection (a) by a majority vote of the board members.
History: L. 1984, ch. 374, § 8; L. 1987, ch. 397, § 2; L. 1995, ch. 107, § 1; L. 1996, ch. 190, § 1; July 1.
(b) The treasurer, before entering upon the duties of office, shall give an official bond in an amount to be determined by the board.
(c) The board shall hold meetings at least once each month, and shall keep and maintain a complete record of all its proceedings and an accurate record of all qualified electors attending each meeting. Such records shall be available for public inspection upon request. A simple majority of the members serving on the board shall constitute a quorum for the transaction of business.
(d) The board shall make a report to the qualified electors at each annual meeting thereof, which report shall contain: (1) A statement of all receipts and expenditures during the calendar year immediately preceding such annual meeting; (2) a statement of the proceedings of the board which have been had since the last annual meeting; and (3) such other information as the board shall deem advisable.
History: L. 1984, ch. 374, § 9; July 1.
History: L. 1984, ch. 374, § 10; July 1.
(b) The board is charged with the supervision, care and custody of all hospital property. The board is authorized to appoint an administrator, to fix the compensation thereof, and to remove such administrator. The board may expend funds for the recruitment or retention of staff and such expenditures may include, but are not limited to: (1) The expenditure of funds for the provision of loans or scholarships to aid in financing the education of persons who agree, upon completion of their education, to become members of the staff; and (2) the purchase of professional liability insurance for such staff.
(c) The board may require personal or surety bonds of all hospital employees entrusted with the handling of hospital moneys, such bonds to be in an amount to be determined and approved by the board. The board may establish and fund pension and deferred compensation plans and any other employee benefit plans for hospital employees and may procure contracts insuring hospital employees, their dependents, or any class or classes thereof, under a policy or policies covering one or more risks including, but not limited to, a policy or policies of life, disability income, health, accident, accidental death and dismemberment, and hospital, surgical and medical expense insurance or may provide for a plan of self-insurance for such purposes. The employee's contribution, if any, to the plan and to the premiums for insurance and for any expenses incurred by the board under a plan of self-insurance may be deducted by the employer from the employee's salary when authorized in writing by the employee.
History: L. 1984, ch. 374, § 11; L. 1988, ch. 147, § 13; L. 1991, ch. 66, § 9; July 1.
(b) The board shall give notice of every annual meeting by causing a notice to be published, once each week for two consecutive weeks, in a newspaper of general circulation in the taxing district of the hospital, the last publication of such notice to be made not more than six days prior to the date of holding the meeting. All notices shall include the time and place of the meeting.
History: L. 1984, ch. 374, § 12; July 1.
(b) Such board is hereby authorized to issue bonds of the taxing district for the purpose of providing funds to be used to reconstruct, build an addition to, or improve or equip an existing hospital building, or the purchase of improved or unimproved real estate for the use of the hospital, or for any one or more of such purposes in the manner and subject to the requirements and limitations set forth in subsections (c), (d) and (e).
(c) No bonds shall be issued under authority of this section unless and until the question of the issuance of same has been submitted to the qualified electors of such taxing district at a special election called for that purpose and a majority of those voting on the proposition shall have declared by their votes to be in favor of the issuance of the same. The board shall have power to call such special election, and notice thereof shall be given pursuant to the provisions of K.S.A. 10-120 and amendments thereto; and the election returns of the special election shall be made to the secretary and be canvassed by the board.
(d) All bonds issued under the authority conferred by this section shall be issued, registered, sold, delivered and retired in accordance with the provisions of the general bond law, and such bonds and the interest thereon shall be paid by general tax to be levied upon all the taxable tangible property within the taxing district of the hospital, including all territories attached as provided in K.S.A. 80-2522.
(e) At no time shall the total bonded indebtedness of any such taxing district exceed 15% of the assessed value of all of the taxable tangible property within the district as shown by the assessment books of the year next preceding the one in which a new issue of bonds is proposed to be made.
History: L. 1984, ch. 374, § 13; July 1.
History: L. 1984, ch. 374, § 14; July 1.
History: L. 1984, ch. 374, § 15; July 1.
(b) No levy in excess of the limitation imposed under subsection (a) shall be made unless and until the board shall adopt a resolution authorizing a levy therefor in excess thereof. Thereafter such levy in an amount not to exceed that specified in the resolution may be made unless a petition in opposition thereto, signed by not less than 5% of the qualified electors of the taxing district, is filed with the county election officer of the county in which the greater portion of the area of such taxing district is located. In the event a petition in opposition to such levy is filed hereunder, no levy in excess of the amount previously authorized shall be made until the question of making the same has been submitted to the qualified electors of the taxing district at a special election called for that purpose and a majority of those voting thereon shall have voted in favor thereof. All such elections shall be called and held in the manner provided for the calling and holding of elections upon the question of the issuance of bonds under the general bond law.
(c) All taxes collected for a hospital district shall be distributed and paid to the treasurer of the board of such hospital district in the manner provided for distribution of taxes pursuant to K.S.A. 12-1678a and amendments thereto. The treasurer of the hospital district upon receiving such money shall issue a receipt to the county treasurer and the county clerk of the county sending such money. The county clerk of the county sending such money, upon receiving such a receipt, shall notify the board of county commissioners of such county, and it shall give the county treasurer proper credit therefor.
History: L. 1984, ch. 374, § 16; July 1.
(2) the lease of real property to be used for hospital purposes from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board;
(3) the lease of personal property from any person, corporation, society or association upon such terms and conditions as deemed necessary by the board. Any such contract may provide for the payment as compensation for use of such personal property a sum substantially equivalent to or in excess of the value of the personal property under an agreement that the hospital shall become, or for no further or a merely nominal consideration has the option of becoming, the owner of the personal property upon full compliance with the provisions of the contract;
(4) the management of any hospital with any person, corporation, society or association upon such terms and conditions as deemed necessary by the board.
(b) The board may sue in its own name or in the name of the hospital. The board may be sued and may defend any action brought against it or the hospital.
(c) The board is not subject to the cash-basis law.
History: L. 1984, ch. 374, § 17; July 1.
(b) The board may accept any grants, donations, bequests or gifts to be used for hospital purposes and may accept federal and state aid. Such moneys shall be used in accordance with the terms of the grant, donation, bequest, gift or aid and if no terms are imposed in connection therewith such moneys may be used to provide additional funds for any improvement for which bonds have been issued or taxes levied.
(c) Hospital moneys shall be deemed public moneys and hospital moneys not immediately required for the purposes for which acquired may be invested in accordance with the provisions of K.S.A. 12-1675 and amendments thereto. Hospital moneys acquired through the receipt of grants, donations, bequests or gifts and deposited pursuant to the provisions of K.S.A. 12-1675 and amendments thereto need not be secured as required under K.S.A. 9-1402 and amendments thereto. In addition, hospital moneys may be invested in joint enterprises for the provision of health care services as permitted by subsection (b) of K.S.A. 80-2501 and amendments thereto.
(d) Hospital moneys which are deposited to the credit of funds and accounts which are not restricted to expenditure for specified purposes may be transferred to the general fund of the hospital and used for operation of the hospital or to a special fund for additional equipment and capital improvements for the hospital.
(e) The board shall keep and maintain complete financial records in a form consistent with generally accepted accounting principles, and such records shall be available for public inspection at any reasonable time.
(f) Notwithstanding subsections (a) to (e), inclusive, the board may transfer any moneys or property a hospital receives by donation, contribution, gift, devise or bequest to a Kansas not-for-profit corporation which meets each of the following requirements:
(1) The corporation is exempt from federal income taxation under the provisions of section 501(a) by reason of section 501(c)(3) of the internal revenue code of 1954, as amended;
(2) the corporation has been determined not to be a private foundation within the meaning of section 509(a)(1) of the internal revenue code of 1954, as amended; and
(3) the corporation has been organized for the purpose of the charitable support of health care, hospital and related services, including the support of ambulance, emergency medical care, first responder systems, medical and hospital staff recruitment, health education and training of the public and other related purposes.
(g) The board may transfer gifts under subsection (f) in such amounts and subject to such terms, conditions, restrictions and limitations as the board determines but only if the terms of the gift do not otherwise restrict such transfer. Before making any such transfer, the board shall determine that the amount of money or the property to be transferred is not required by the hospital to maintain its operations and meet its obligations. In addition, the board shall determine that the transfer is in the best interests of the hospital and the residents within the district the hospital has been organized to serve.
History: L. 1984, ch. 374, § 18; L. 1985, ch. 103, § 2; L. 2003, ch. 51, § 4; July 1.
Prior to the issuance of any no-fund warrants under the authority of this section, the board shall cause to be published once in a newspaper of general circulation within the taxing district of the hospital a notice of the intention of the board to issue such no-fund warrants. If within 60 days after the publication of such notice, a petition requesting an election on the question of the issuance of the no-fund warrants signed by not less than 5% of the qualified electors residing within the taxing district is filed with the county election officer of the county in which the greater portion of the taxing district of the hospital is located, the board shall be required to submit the question of the issuance of such no-fund warrants at an election held under the provisions of the general bond law.
(b) Whenever no-fund warrants are issued under the authority of this section, the board each year shall make a tax levy, in addition to the tax levy authorized under K.S.A. 80-2516, sufficient to pay not less than 25% of the total amount of the warrants issued under this section and the interest thereon until all of the warrants and the interest thereon has been paid. If there is money available from the operation of the hospital over and above the amount needed for the adopted budget, such money shall be used to pay for such warrants and the interest thereon, and the tax levy shall be only the difference, if any, between the money available to pay for such warrants and the interest thereon each year and the amount of the warrants and interest thereon to be paid each year.
History: L. 1984, ch. 374, § 19; July 1.
(2) subject to the provisions of subsection (b), sell and convey any real or personal property of the hospital in the value of $10,000 or more.
(b) Before selling and conveying any real or personal property designated in provision (2) of subsection (a), the board shall negotiate a sale thereof and no such sale shall be completed and conveyance made until: (1) The board has solicited sealed bids by public notice inserted in one publication in a newspaper of general circulation in the taxing district of the hospital and such sale shall be to the highest responsible bidder after such notice, except such board may reject any or all bids, and, in any such case, new bids may be called for as in the first instance; and (2) the bid has been accepted and a resolution accepting the same has been made a part of the records of the board. Thereupon, the board, by its chairperson and secretary, is hereby authorized to make, execute and deliver a good and sufficient deed or deeds of conveyance to the purchaser or purchasers thereof.
(c) (1) In lieu of following the procedures established in subsection (a), the board may adopt a resolution establishing an alternate methodology for the disposal of property. Such alternate methodology for the disposal of property shall contain, at a minimum, procedures for:
(A) Notification of the public of the property to be sold;
(B) describing the property to be sold;
(C) the method of sale, including, but not limited to, fixed price, negotiated bid, sealed bid, public auction or auction or any other method of sale which allows public participation; and
(D) public notice inserted in one publication in a newspaper of general circulation in the taxing district of the hospital.
(2) Any methodology for the disposal of property established pursuant to this subsection may contain different procedures for real property and personal property.
(d) Notwithstanding any provision of article 25 of chapter 80 of the Kansas Statutes Annotated, and amendments thereto, to the contrary, the board of a hospital district is hereby authorized to obtain financing for the construction of a hospital facility to be located in the hospital district, secured by a mortgage on any or all hospital property, provided such mortgage is insured pursuant to the United States department of housing and urban development's mortgage insurance program, section 242 of the national housing act, 12 U.S.C. 1715z-7, section 242, as amended.
History: L. 1984, ch. 374, § 20; L. 2005, ch. 48, § 1; Apr. 14.
History: L. 1984, ch. 374, § 21; July 1.
History: L. 1984, ch. 374, § 22; L. 1987, ch. 398, § 1; July 1.
History: L. 1984, ch. 374, § 23; July 1.
(b) When all debts and obligations of such hospital and board have been paid, and the board finds it is in the best interests of such hospital that its operation be closed and terminated, the treasurer of the board shall proceed to apportion the funds of the hospital among the political subdivisions or portions thereof comprising the taxing district of the hospital. The treasurer shall pay to each political subdivision comprising such district an amount equal to the proportion that the assessed valuation of each political subdivision or portion thereof bears to the total assessed valuation of the district.
(c) Upon the payment of funds in accordance with the provisions of this section, the board shall pass a resolution closing and terminating operation of the hospital, which resolution shall be published once in a newspaper of general circulation in the area, after which the taxing district of the hospital shall be considered disorganized and all books and records of the district shall be delivered to the custody of the board of county commissioners of the county in which the greater portion of the hospital property was located.
History: L. 1984, ch. 374, § 24; July 1.
History: L. 1984, ch. 374, § 25; L. 1991, ch. 289, § 2; April 25.
History: L. 1984, ch. 374, § 26; July 1.
History: L. 1984, ch. 374, § 27; July 1.
Such bonds may be sold in such manner and at such price or prices not less than 95% of par and accrued interest to date of delivery as may be considered advisable by the board.
History: L. 1984, ch. 374, § 28; July 1.
(a) Covenant as to the use and disposition of the proceeds of the sale of such bonds;
(b) covenant as to the operation of the hospital and the collection and disposition of the revenues derived from such operation;
(c) covenant as to the rights, liabilities, powers and duties arising from the pledge of any covenant and agreement into which it may enter in authorizing and issuing the bonds;
(d) covenant and agree to carry such insurance on the hospital and the use and occupancy thereof as may be considered desirable, and in its discretion to provide that the cost of such insurance shall be considered a part of the expense of operating the hospital;
(e) fix charges and fees to be imposed in connection with and for the use of the hospital and the facilities supplied thereby, which charges and fees shall be considered to be income and revenues derived from the operation of the hospital, and to make and enforce such rules and regulations with reference to the use of the hospital for the accomplishment of the purposes of this act;
(f) appoint a trustee to act under the terms of the resolution authorizing the issuance of the revenue bonds;
(g) covenant against the issuance of any other obligations payable on a parity from the revenues to be derived from the hospital;
(h) make covenants other than and in addition to those herein expressly mentioned of such character as may be considered necessary or advisable to effect the purposes of this act.
All such agreements and covenants entered into by the board shall be binding in all respects upon the board and its officers, agents, employees, and upon their successors, and all such agreements and covenants shall be enforceable by appropriate action or suit at law or in equity which may be brought by any holder or holders of bonds issued hereunder against the board, or its officials, agents, employees, or their successors. The rents, charges and fees to be imposed under the provisions of this act shall not be limited by the provisions of any prior act.
History: L. 1984, ch. 374, § 29; July 1.
History: L. 1984, ch. 374, § 30; July 1.
History: L. 1984, ch. 374, § 31; July 1.
History: L. 1984, ch. 374, § 32; July 1.
History: L. 1984, ch. 374, § 33; July 1.
History: L. 1987, ch. 95, § 1; April 30.
History: L. 1985, ch. 335, § 1; May 9.
(a) "Board" means a board which is vested with the management and control of a health care facilities and services hospital district;
(b) "health care facilities and services hospital district" means a hospital district, city hospital or county hospital:
(1) Which was established under the laws of this state in effect at the time established as a hospital district, city hospital or county hospital;
(2) in which no hospital is being operated and maintained or in which the operation of a hospital has been terminated; and
(3) in which health care facilities and services are being operated and maintained;
(c) "health care facilities and services" means any clinic, long-term care facility, home for the aged, outpatient services, in-home health services, child-care services, respite care services, adult day care services, dietary services, alcohol and drug abuse services and emergency medical or ambulance services;
(d) "hospital" means a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
History: L. 1984, ch. 369, § 1; L. 1986, ch. 390, § 1; L. 1989, ch. 306, § 1; July 1.
(b) This act shall not affect any judicial proceeding pending or any contract, tax levy, bond issuance or other legal obligation existing on the effective date of this act and any tax levy or bond issuance made under authority of article 21 of chapter 80 of Kansas Statutes Annotated prior to the effective date of this act is hereby validated and confirmed.
History: L. 1984, ch. 369, § 2; July 1.
History: L. 1984, ch. 369, § 3; L. 1986, ch. 390, § 2; L. 1989, ch. 306, § 2; July 1.
History: L. 1984, ch. 369, § 4; L. 1989, ch. 306, § 3; July 1.
History: L. 1985, ch. 93, § 1; April 4.
History: L. 1989, ch. 182, § 1; May 18.