Board of Directors; Authority and Powers; Direct Financial Subsidies

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Sec. 47. (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.]

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


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