35-2-436. Liberal construction.
This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
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sha256 1195dea407a948ceb914de6daee6e7d9200427a5949d7aeb2d59f17f4d863e5e
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This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Propose a changeWhen the assessed valuation of the property within a hospital district exceeds three million dollars ($3,000,000.00), the board of trustees for that hospital district may divide the district into no more than three (3) trustee districts and provide for the election of at least one (1) trustee from each trustee district. To become effective, the rule creating trustee districts shall be approved by order of the board of county commissioners of the county in which the greater area of property within the district is located. All trustees shall be residents or property owners of the trustee district from which elected. The board of trustees may provide for the trustees to be elected at-large if these trustees are residents of the hospital district.
Propose a change(a) Subject to the requirements of this section, the trustees of a hospital district may vote to file bankruptcy under chapter 9 of the United States bankruptcy code or to dissolve and terminate the district. The plan to dissolve and terminate the district shall provide for the following: (i) Payment of all bonded and other indebtedness against the district; (ii) Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital or health care facility which provides services to the residents of the hospital district upon such conditions as agreed to by the nonprofit or governmental hospital or health care facility, or conveyed to the county to be used solely for health care purposes by the county. (b) Before any plan to dissolve and terminate a hospital district is effective, the plan shall be approved by a majority of the qualified electors of the hospital district who vote on the question. The vote on the question may be submitted to the qualified electors at an election following the provisions of W.S. 22-29-404 as applicable. The question to be presented to the qualified electors is: "Shall Hospital District .... be dissolved in accordance with the plan of dissolution approved by the board of trustees?" Yes • No • (c) If the qualified electors of the district approve the dissolution and termination plan, the board of trustees are empowered to take all action necessary to effectuate the plan and dissolve and terminate the hospital district. (d) Filing of bankruptcy under subsection (a) of this section shall not require a vote of qualified electors. Before any vote by the trustees of a hospital district to file bankruptcy, the bankruptcy petition and initial plan for adjustment of debts shall be posted on any website operated by the district and be publicly available for a period of not less than seven (7) days prior to the first public meeting of the trustees where the petition and plan will be considered. If the trustees approve the bankruptcy petition and initial plan for adjustment of debts, the trustees may take all action necessary to obtain confirmation of the plan of adjustment and closure of the case under chapter 9 of the United States bankruptcy code.
Propose a changeRepealed by Laws 1982, ch. 62, § 4.
Propose a changeRepealed by Laws 1982, ch. 62, § 4.
Propose a changeRepealed by Laws 1982, ch. 62, § 4.
Propose a changeRepealed by Laws 1991, ch. 194, § 2.
Propose a changeRepealed by Laws 1991, ch. 194, § 2.
Propose a changeRepealed by Laws 1991, ch. 194, § 2.
Propose a changeRepealed by Laws 1991, ch. 194, § 2.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a changeRepealed by Laws 2019, ch. 78, § 3.
Propose a change(a) All reports, findings, proceedings and data of medical staff committees shall be confidential and privileged. No claim or action shall accrue against any hospital, medical staff member or any employee of either arising out of the denial of staff privileges to any applicant or out of the suspension of, expulsion of or any other restrictive or disciplinary action against any medical staff member or hospital employee unless the action is arbitrary, capricious and without foundation in fact. (b) For the purpose of subsection (a) of this section, "medical staff committee" means any committee within a hospital, consisting of medical staff members or hospital personnel, which is engaged in supervision, discipline, admission, privileges or control of members of the hospital's medical staff, evaluation and review of medical care, utilization of the hospital facilities or professional training.
Propose a change(a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5. (c) Repealed by Laws 1998, ch. 115, § 5. (d) Repealed by Laws 1998, ch. 115, § 5. (e) A special rural health care district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.
Propose a changeRepealed by Laws 1998, ch. 115, § 5.
Propose a change(a) Each district so established is a body corporate and shall be designated by the name of the .... rural health care district. The district name shall be entered upon the commissioners' records and shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district through its governing board may: (i) Hold property and be a party to contracts; (ii) Sue and be sued; (iii) Acquire real and personal property and equipment for rural health care purposes by gift, devise, bequest or purchase; (iv) Enter into contracts for the acquisition by purchase or lease of real and personal property and equipment; (v) Convey, lease and otherwise dispose of its property for rural health care purposes; (vi) Establish sinking funds; (vii) Issue bonds for the purchase of real property and improvements and equipment; (viii) Make necessary rules and regulations for the proper operation of the district and shall file them with the county clerk for each county in which the district is located; (ix) Engage in activities authorized under: (A) W.S. 18-8-301 subject to specified requirements and conditions; (B) W.S. 35-2-1202(a) for the purpose of providing senior health care as defined in W.S. 35-2-1201(b). This paragraph shall not be construed to authorize an increase to the district mill level beyond the limits established in W.S. 35-2-708. (x) Employ or otherwise contract with physicians and other health care providers to provide health care services, including emergency medical services, in the district and any other persons necessary or desirable to effect the purposes of the district. As used in this paragraph "health care provider" means a person or facility licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession; (xi) Construct, purchase or own a hospital, nursing home and related facilities.
Propose a changeThe district shall be managed and controlled by a board of five (5) trustees who shall serve without compensation. Members of the initial board shall be elected at the formation election to serve until the first regular subsequent director election and until their successors are elected and qualified. At the first regular subsequent director election members shall be elected to staggered terms so that three (3) members are elected for two (2) year terms and two (2) for four (4) year terms. Thereafter, all members shall be elected for terms of four (4) years.
Propose a changeEach trustee of any district, prior to entering upon the duties of office, shall execute and file with the county clerk of the county in which the district, or the greater portion of the area thereof, is located his bond, with one (1) or more sureties, to be approved by the county clerk, running to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful performance by the trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on a bond by any person, firm or corporation that has sustained loss or damage because of a breach of that bond.
Propose a changeRepealed by Laws 1998, ch. 115, § 5.
Propose a changeRepealed by Laws 1998, ch. 115, § 5.
Propose a change(a) Repealed by Laws 2017, ch. 62, § 3. (b) The assessor shall assess the property of each rural health care district. (c) The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each rural health care district, but, except as provided in this subsection, in no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation of the property. Up to an additional two (2) mills may be imposed on each dollar of assessed valuation of the property if approved by the board of trustees and if approved by the electors as provided in subsection (d) of this section. (d) If the board of trustees votes to increase the mill levy beyond two (2) mills as authorized by subsection (c) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond two (2) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the trustees vote to increase the mill levy beyond two (2) mills. In no event shall the tax in a district exceed in any one (1) year the amount of four (4) mills on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the rural health care district. The cost of any special election under this subsection shall be borne by the board of trustees. (e) If the proposition to authorize an additional mill levy is approved, the tax shall remain in effect until a petition to discontinue the tax, signed by not less than ten percent (10%) of the voters of the district, is received by the board of county commissioners, and the proposal to discontinue the tax is approved by the voters. The proposal to discontinue the tax shall be submitted to the voters of the district at the expense of the county at the next general election. If the proposition to impose or continue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.
Propose a change(a) The board of county commissioners at the request of the board of trustees of any rural health care district may submit to the electors of the district the question of whether the board of trustees shall be authorized to issue the bonds of the district in a certain amount, not to exceed two percent (2%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, not exceeding ten percent (10%) per annum, payable and redeemable at a certain time, not exceeding twenty-five (25) years, for the purchase of real property, for the construction or purchase of improvements and for equipment for rural health care purposes or senior health care purposes as defined in W.S. 35-2-1201(b). The question shall be submitted at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112. (b) If the proposal to issue bonds is approved, the board of trustees may issue bonds in such form as the board directs, provided any bonds issued under this article shall be in registered or bearer form and shall otherwise comply with W.S. 16-5-501 through 16-5-504. The board of trustees shall give notice by publication in some newspaper published in the counties in which the district is located of its intention to issue and negotiate the bonds and to invite bidders therefor. In no case shall the bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. The trustees are authorized to reject any bids, and to sell the bonds at private sale, if they deem it for the best interests of the district. (c) The full faith and credit of each rural health care district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by the district. (d) The county treasurer where the district's funds are kept may pay out of any monies belonging to the district tax fund, the interest and the principal upon any bonds issued by the district, when due, upon presentation at his office of the proper coupon or bond, which shall show the amount due. Each coupon shall also show the number of the bond to which it belonged, and all bonds and coupons so paid, shall be reported to the district trustees at their first regular meeting thereafter.
Propose a changehospitals, nursing homes and related facilities; issuance authorized; lines of credit and tax and revenue anticipation notes. (a) The trustees of a rural health care district established pursuant to W.S. 35-2-701, are authorized to issue revenue bonds, notes and warrants or other revenue securities for the purpose of acquiring, erecting, constructing, reconstructing, improving, remodeling, furnishing and equipping hospitals, nursing homes and related facilities including facilities for senior health care as defined under W.S. 35-2-1201(b), and acquiring a site or sites as the trustees may determine. (b) If there are no funds available to the trustees of a rural health care district before receipt of property taxes, the trustees may issue warrants in anticipation of the receipt of property taxes for payment of operational expenses. The aggregate amount of the warrants shall not exceed the total amount of taxes levied. The warrants shall be payable solely from the collected taxes. (c) The trustees of a rural health care district may obtain financing for its operations by entering into agreements for lines of credit with any financial institution as defined in W.S. 13-1-101(a)(ix). The lines of credit may either be unsecured or secured by a pledge of revenues anticipated to be received during the current fiscal year. (d) In addition to its authority to issue warrants under this section, the trustees of a rural health care district may issue tax and revenue anticipation notes in amounts not to exceed eighty percent (80%) of the total amount of taxes levied for operation of the district for the fiscal year during which the notes are issued when the trustees determine that insufficient funds are available to meet the obligations of the district during any fiscal year. A rural health care district shall not enter into agreements or issue instruments of the type allowed by this section for any fiscal year until all debts financed by any agreement or instrument for any prior fiscal year have been paid in full. Tax and revenue anticipation notes issued under this subsection are subject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and revenue anticipation notes, except: (i) The authority of the state treasurer provided in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the trustees issuing the notes; and (ii) Notwithstanding W.S. 9-4-1105(a), investments of the proceeds of the notes by the trustees are limited to those investments authorized under W.S. 9-4-831.
Propose a change(a) Except as otherwise provided: (i) Securities shall be authorized by resolution adopted by the trustees and shall: (A) Bear a date or dates; (B) Be in a denomination or denominations; (C) Mature at a time or times but in no event exceeding fifty (50) years from their date of issuance; (D) Be sold at a public or private sale; and (E) The securities and coupons shall be payable in a medium of payment at a banking institution or other place or places within or without the state, as determined by the trustees. (ii) Securities may be made subject to prior redemption in advance of maturity in order or by lot or otherwise at a time or times without or with the payment of a premium or premiums not exceeding ten percent (10%) of the principal amount of the security redeemed, as determined by the trustees. The resolution may provide for the accumulation of net revenue for a reserve fund and shall contain other or further covenants and agreements as may be determined by the governing board for the protection of bondholders. (b) Any resolution authorizing the issuance of securities or other instruments may provide for the capitalizing of interest on any securities during any period of construction estimated by the trustees and one (1) year thereafter and any other cost of any project authorized, by providing for the payment of the amount capitalized from the proceeds of the securities. (c) Securities may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both. (d) Any resolution authorizing the issuance of securities or any other instrument pertaining to the issuance of securities may provide for their reissuance in other denominations in negotiable or nonnegotiable form and otherwise in any manner and form as the trustees may determine. (e) Any resolution authorizing, or other instrument pertaining to, any securities may provide that each security authorized shall recite that it is issued under authority of this section. The recital shall conclusively impart full compliance with all of the provisions and all securities issued containing the recital shall be incontestable for any cause whatsoever after their delivery for value. (f) Subject to the payment provisions specifically provided, any securities or interest coupons attached to the securities shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code, except as the trustees may otherwise provide, and each holder of the security or any coupons, by accepting such security or coupon shall be conclusively deemed to have agreed that the security or coupon, except as otherwise provided, is and shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code. (g) Notwithstanding any other provision of law, the trustees in any proceedings authorizing securities: (i) May provide for the initial issuance of one (1) or more securities aggregating the amount of the entire issue or any part thereof; (ii) May make provisions for installment payments of the principal amount of any security as they may consider desirable; (iii) May provide for the making of any security payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing is not represented by interest coupons, for the endorsing of payment of interest on the securities. (h) Except for any securities which are registrable for payment of interest, interest coupons payable to bearer and appertaining to the securities shall be issued and shall bear the original or facsimile signature of the president of the board of trustees. (j) Any securities authorized may be executed as provided by W.S. 16-2-101 through 16-2-103. (k) The securities and any coupons bearing the signature of the officers in office at the time of the signing shall be valid and binding obligations of the board of trustees, notwithstanding that before the delivery and payment, any or all of the persons whose signatures appear shall have ceased to fill their respective offices.
Propose a changehomes and related facilities; not a general obligation of rural health care district or trustees; payable from special fund. The securities issued pursuant to W.S. 35-2-711 through 35-2-722 shall not constitute a general obligation of the rural health care district, nor of the trustees, but shall be payable solely from a special fund to contain the net revenue to be derived from the operation of the hospitals, nursing homes and related facilities including any facilities for senior health care as defined under W.S. 35-2-1201(b), the revenues being defined as those remaining after paying the costs of operating and maintaining the facilities.
Propose a changefacilities; issuance from time to time in one or more series. The securities authorized may be issued from time to time and in one (1) or more series as the trustees may determine.
Propose a changefacilities; obligation of trustees to holders; suit for default, misuse of funds. The obligation of the trustees to the holders of the securities shall be limited to applying the funds to the payment of interest and principal on the securities and the securities shall contain a provision to that effect. In the event of default in the payment of the securities or the interest thereon and in the event that the trustees are misusing the funds or not using the funds as provided by W.S. 35-2-711 through 35-2-722 and the resolution authorizing the securities, or in the event of any other breach of any protective covenant or other contractual limitation, then any holder may bring suit against the trustees in the district court of the county in which the rural health care district or any of its facilities are located for the purpose of restraining the trustees from using the funds for any purpose other than the payment of the principal and interest on the securities in the manner provided or for any other appropriate remedy.
Propose a change(a) Except as provided under subsection (b) of this section and otherwise, the work of constructing the various buildings shall be done by contract based on competitive bidding. Notice of call for bids shall be for the period of time and in a manner as the trustees may determine. The trustees shall have the power to reject any and all bids and readvertise for bids as they consider proper. (b) Any rural health care district may contract for design and construction services through an alternate delivery method as defined in W.S. 16-6-701.
Propose a changeThe trustees may insure the facilities against public liability, property damage or loss of revenues from any cause.
Propose a change