Chapter 8 - Memorial Hospitals
CHAPTER 8 - Memorial Hospitals
ARTICLE 1 - GENERALLY
18-8-101. Definitions.
(a) As used in W.S. 18-8-102 through 18-8-109 the words:
(i) "County hospital" and "county memorialhospital" mean any institution, place, building or agency in which any accommodationis maintained, furnished or offered for the hospitalization of the sick,injured or care of any person requiring or receiving chronic or convalescentcare, including public health centers, community mental health centers andother types of hospitals and centers including but not limited to general,tuberculosis, mental and chronic disease hospitals, medical facilities andrelated facilities;
(ii) "Medical facilities" includes but is not limitedto diagnostic or treatment centers, rehabilitation facilities and nursinghomes, as those terms are defined in the federal act Public Law 482, 83congress, July 12, 1954, (C. 471, sec. 4(c)-(f), 68 Stat. 465-466) (42 U.S.C., 291i);
(iii) "Related facilities" means but is not limited tolaboratories, outpatient departments, nurses homes, nurses training facilitiesand central service facilities operated in connection with hospitals, but doesnot include any facility furnishing primarily domiciliary care.
18-8-102. Prerequisites to appointment of board of trustees;indebtedness authorized for construction; annual tax levy for maintenance.
(a) When the board of county commissioners has receivedsufficient guaranties that not less than fifteen thousand dollars ($15,000.00)is available for constructing, acquiring or equipping a county hospital, wingor portion of a building suitable for operation of a county hospital soarranged as to be capable of future enlargement, or where a county has acquireda hospital valued at not less than twenty-five thousand dollars ($25,000.00),it shall appoint a nonpartisan board of trustees of the hospital, none of whichshall be a county commissioner or an employee of the county hospital.
(b) A county indebtedness may be created and county bondsauthorized and issued for the construction, acquisition and equipment of thehospital in the manner then provided by law for the creation of indebtednessand the issuance of bonds for the construction of a courthouse and jail. Whenthe hospital has been constructed or acquired and equipped the board of countycommissioners shall annually levy a sufficient tax on all the taxable propertyin the county to provide for the maintenance of the hospital or wing or portionthereof. The tax shall be levied and collected as other county taxes and theamount collected shall be set apart as the county memorial hospital fund. Nomoney shall be expended from the fund without the approval of the board ofcounty commissioners.
18-8-103. Authority to establish fund for improvements; revenues derivedfrom taxation and from memorial hospital fund.
Theboard of county commissioners of any county having a county memorial hospitalmay establish a fund of a certain amount to be raised within a certain numberof years for the purpose of constructing improvements, equipping improvementsalready erected or for purchasing land for the county memorial hospital. Thefund shall be created and added to from taxation as provided by W.S. 18-8-102and from any funds in the county memorial hospital fund remaining unexpended atthe end of any fiscal year exclusive of funds maintained as reserve fordepreciation and the cash reserve fund authorized by W.S. 16-4-105. The fundshall be expended as provided in W.S. 18-8-102(b).
18-8-104. Hospital generally under control of board of trustees;appointment, powers and duties of trustees; incorporation; use of funds forerection of hospital; term of lease; consolidation of hospitals; acquisition ofland.
(a) The erection, management and control of the county memorialhospital, county memorial hospital fund and all property and funds received forthe benefit of the hospital shall be by a board of trustees composed of atleast five (5) but not more than eleven (11) competent and responsible citizensof the county appointed by the board of county commissioners. The number ofmembers of any board of trustees shall be an odd number determined by thecounty commissioners. The first board of trustees, or additional members to aboard of trustees, as soon as appointed shall draw lots for the purpose ofdetermining the term of each member of the board. Up to two (2) members of theoriginal board or additional members of the board shall serve for a term of one(1) year, up to two (2) for a term of two (2) years, up to two (2) for a termof three (3) years, up to two (2) for a term of four (4) years and up to two(2) for a term of five (5) years after their appointment. Terms thereaftershall be consecutively staggered. Each trustee shall serve until the firstMonday of July following the expiration of their term and the board of countycommissioners annually at their meeting in June shall appoint a successor tothe trustee or trustees whose term expires. As soon as the original board hasdetermined the terms of its members they shall organize by electing apresident, secretary and treasurer of the board. As soon as they are organizedthey shall file with the county clerk and the secretary of state a certificateshowing their organization, for which filing no fee or charge shall be paid.Upon filing the certificate the board of trustees is a body corporate withpower to sue and be sued under the name of "Board of Trustees of theMemorial Hospital of .... County". No individual member of the board oftrustees is personally liable for any action or procedure of the board. Thecorporation has perpetual existence and it is not necessary to file any otheror further certificate than that filed upon the original organization of theboard of trustees.
(b) Annually upon the appointment of a new member of the board,the trustees shall meet and organize by electing a president, secretary andtreasurer. Each member of the board shall serve without compensation and thetreasurer of the board shall give bond in such amount and with such sureties asapproved by the board of county commissioners conditioned for the faithfulperformance of his duties and the full accounting for all monies received astreasurer. The board may allow and pay to the secretary such reasonablecompensation as they deem proper for secretarial, accounting and other servicesrequired of him in addition to his general duties as a member of the board.
(c) The hospital shall be erected and maintained on lands whosetitle is in the county or upon which the county has a lease for the term ofninety-nine (99) years. If any county hospital is already owned and maintainedby the county, the board of county commissioners may permit the erection of thecounty memorial hospital upon the grounds already owned and used as a county hospitalwith any additional grounds deemed necessary and may transfer the managementand control of the old hospital to the board of trustees of the memorial countyhospital so that the old and the new may be consolidated and operated,controlled and maintained as a single hospital. If any county is without titleto sufficient land for the county hospital it may acquire necessary lands bygift, purchase or condemnation under the procedure authorized in exercising theright to eminent domain.
(d) Subject to constitutional limitations, in addition to anyother securities the legislature authorizes or has authorized by law forinvestment, any funds of the hospital may be invested by the hospital board inany security which has been recommended by an investment advisor registeredunder the Uniform Investment Advisor's Act of 1940 as amended, or any bankexercising its trust powers, and approved by the board. In approvingsecurities for the investment under this subsection, the board shall be subjectto and act in accordance with the provisions of the Wyoming Uniform PrudentInvestor Act. The provisions of this subsection shall not be construed toauthorize the use of any revenues generated from taxes to engage in anyactivity authorized under W.S. 18-8-301(a).
18-8-105. Trustees to receive donations and observe accompanyingconditions.
Theboard of trustees may receive donations of real estate, money or other propertyin aid of the establishment of the hospital or for the construction ofadditions or provision of furniture or facilities. They shall permit any donorfurnishing means for the construction of any individual portion of thehospital, or for equipping and especially endowing any ward or room therein toname the same in memory of any person chosen by the donor and shall observe theconditions accompanying every gift.
18-8-106. To be maintained as public hospitals; charges for services;when free services to be given; payment for resident indigent hospitalization.
Everycounty memorial hospital established and maintained as provided by law is apublic county hospital. It may charge persons able to pay the same a reasonableprice for use of the hospital and its facilities during the time required forproper treatment, and shall furnish free to residents of the county having nomeans to pay for the same all necessary facilities and maintenance during thetime such persons are required to remain there for proper treatment. As long asa county department of public assistance and social services functions in thecounty as provided by law, the funds in control of the board forhospitalization purposes shall be deemed "means" for payment ofresident indigent hospitalization.
18-8-107. Records and reports of trustees.
Theboard of trustees shall keep a careful record of all its proceedings and keepduplicate vouchers of all expenditures, one (1) set of vouchers to be kept inthe office of the secretary of the board of trustees and the other to be filedannually with the board of county commissioners at its June session. The boardof trustees shall annually report at the June meeting of the board of countycommissioners all the important transactions for the previous twelve (12)months specifying in each report the money received from the county memorialhospital fund, all monies and properties received from other sources, the useand disposition of such monies and other property and such other facts as theydeem of public interest or the board of county commissioners may require. Theboard of trustees shall make monthly reports when required by the board ofcounty commissioners.
18-8-108. Authority to enter contract for operation; terms andconditions of contract.
(a) Whenever the board of trustees of a county memorialhospital or special hospital district deems it in the best interests of thecounty they may with the approval and consent of the board of countycommissioners lease or enter into a contract for the operation of the hospitalwith any person, group, association or corporation. If the board of trusteesenters into such a contract or lease the lessee or operator of the hospitalshall furnish without charge to residents of the county certified by the countyhealth officer or county department of public assistance and social services ashaving no means to pay for the same, all necessary facilities and maintenanceduring the time such persons are required to remain there for proper treatment.The board of trustees shall reimburse the lessee or operator for thehospitalization of indigent persons at rates agreed upon between the board andthe operator or lessee, with such reimbursement to be made from funds the boardhas under its control or made available to it by the board of countycommissioners. If a lease or contract is executed the lessee or operator of thehospital shall furnish the board of trustees semiannual reports showing thefinancial condition of the hospital and all monies received and expended. Theboard of trustees shall keep the records and make reports required by W.S.18-8-107 even though the hospital is leased or operated under contract.
(b) A county memorial hospital with the approval and consent ofthe board of county commissioners, or district hospital with the consent of theboard of trustees, may contract with another licensed hospital located within areasonable distance to share or divide speciality or costly hospital servicesand equipment, or a county memorial hospital or district hospital with suchapproval may discontinue or avoid duplication of speciality or costly hospitalservices and equipment otherwise available to the community served for thepurpose of minimizing costs for such hospital services or improving healthcare.
18-8-109. Dissolution.
(a) Subject to the requirements of this section, the trusteesof a memorial hospital may vote to dissolve and terminate the county memorialhospital. The plan to dissolve and terminate the county memorial hospitalshall provide for the following:
(i) Payment of all bonded and other indebtedness against thecounty memorial hospital;
(ii) Disposition of assets of the county memorial hospital upondissolution. The assets may either be donated to a nonprofit or governmentalhospital or health care facility which provides services to the residents ofthe county upon such conditions as agreed to by the nonprofit or governmentalhospital or health care facility, or retained by the county to be used solelyfor health care purposes by the county.
(b) Before any plan to dissolve and terminate a county memorialhospital is effective, the plan shall be approved by the board of countycommissioners.
(c) If the board of county commissioners approves thedissolution and termination plan, the board of trustees may take all actionnecessary to effectuate the plan and dissolve and terminate the county memorialhospital.
ARTICLE 2 - HOSPITAL REVENUE BONDS
18-8-201. Definitions; county memorial hospital; authority to issuerevenue securities; purpose.
(a) When a county memorial hospital as defined in W.S. 18-8-101has been established as provided in W.S. 18-8-102 the board of countycommissioners when requested by the board of trustees of a county memorialhospital may issue revenue bonds, notes and warrants or other revenuesecurities for the purpose of acquiring, erecting, constructing,reconstructing, improving, remodeling, furnishing or equipping hospitals orrelated facilities, or acquiring a site or sites therefor. The procedure forissuing or refunding revenue bonds is the same as prescribed by W.S. 35-2-424through 35-2-436 as from time to time amended.
(b) The trustees of a county memorial hospital may obtainfinancing for its operations by entering into agreements for lines of creditwith any financial institution as defined in W.S. 13-1-101(a)(ix). The line ofcredit may either be unsecured, or secured by a pledge of revenues anticipatedto be received during the current fiscal year.
(c) In addition to the authority of the county commissioners toissue certificates of indebtedness to meet the obligations of county memorialhospitals under W.S. 18-4-104, with the permission of the board of countycommissioners, the trustees of a county memorial hospital may issue tax andrevenue anticipation notes in amounts not to exceed eighty percent (80%) of thetotal amount of taxes levied for operation of the hospital for the fiscal yearduring which the notes are issued when the board determines that insufficientfunds are available to meet the obligations of the hospital during any fiscalyear. A county memorial hospital shall not enter into agreements or issueinstruments of the type allowed by this section for any fiscal year until alldebts financed by such agreements or instruments for any prior fiscal year havebeen paid in full. Tax and revenue anticipation notes issued under thissubsection are subject to the procedural requirements of W.S. 9-4-1103 through9-4-1105 for state tax and revenue anticipation notes, except:
(i) The authority of the state treasurer referenced in W.S.9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes;and
(ii) Investments of the proceeds of the notes by the trusteesare limited to those investments authorized under W.S. 9-4-831 and 18-8-104(d).
ARTICLE 3 - HOSPITALS, HOSPITAL DISTRICTS AND RURAL HEALTHCARE DISTRICTS
18-8-301. Additional powers; requirements and conditions; approval bygoverning body.
(a) Subject to the requirements of this section, any countymemorial hospital, special hospital district established under W.S. 35-2-401through 35-2-438 and rural health care district established under W.S. 35-2-701through 35-2-709 may, either within the county of its establishment or without,within this state or without:
(i) Engage in shared services and other cooperative ventures;
(ii) Enter into partnerships;
(iii) Either alone or in conjunction with any other entity, formor be an interest owner of corporations, partnership, limited partnership,cooperative, registered limited liability partnership, nonprofit associationlimited liability partnerships, limited liability companies and any other trustor association organized under the laws of this state; and
(iv) Have members of its governing body or its officers oradministrators serve as directors, officers or employees of any venture,association, partnership, corporation or entity entered into or formed pursuantto this subsection.
(v) Repealed by Laws 2003, Ch. 22, 2.
(b) No county memorial hospital, special hospital district orrural health care district shall invest or otherwise use any revenues generatedfrom taxes to engage in any activity authorized under subsection (a) of thissection. All monies invested or otherwise used in any activity specified undersubsection (a) of this section are subject to the requirements of W.S. 16-4-101through 16-4-124.
(c) The authority granted under subsection (a) of this sectionshall only be exercised:
(i) For the delivery of health care services, provided that anentity primarily organized and operated to sell services to health careproviders may also sell such services for nonhealth care purposes; and
(ii) With the approval and consent of:
(A) The board of county commissioners if a county memorialhospital;
(B) The district board of trustees if a special hospitaldistrict; and
(C) The board of trustees if a rural health care district.
(d) No county memorial hospital, special hospital district orrural health care district shall exercise any authority granted by subsection(a) of this section in any Wyoming municipality in which a hospital currentlyexists unless and until that hospital has been given an opportunity toparticipate with the undertaking hospital, special hospital district or ruralhealth care district. This subsection shall not apply to any entity which isorganized for the purpose of selling administrative services to health careproviders.