Medical clinics.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0651

SENATE FILE
NO.
SF0158

Medical clinics.

Sponsored by: Senate Labor, Health and Social Services Committee

A BILL

for

AN ACT relating to rural health care districts; providing procedures for establishing districts; authorizing districts to operate clinics to alleviate shortages in the availability of health care including physicians and other primary health care providers; modifying procedures for establishing special rural health districts; modifying district powers; authorizing increased mill levies for special rural health districts with a vote of the people; authorizing districts to use governmental funds to establish private clinics as an economic development measure with a vote of the people; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
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2
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701(e) and by creating a new subsection (f), 35
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2
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703(a) by creating new paragraphs (x) through (xii) and by creating new subsections (b) through (d), 35
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2
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708(c) and by creating new subsections (d) and (e) are amended to read:

35
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2
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701.

Procedure for proposing establishment of special rural health care districts.

(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
, except that the county commissioners shall accept either a petition from landowners as provided by the Special District Elections Act or a petition from a hospital district, the governing body of a county memorial hospital or the governing body of an entity leasing hospital facilities from the county and operating a general hospital therein in lieu of the petition from landowners
.

(f)

Special rural health care districts may be established with overlapping jurisdictions, but in these cases the county commissioners shall require the districts to enter into an agreement in writing setting forth the responsibilities and activities of the several districts. The commissioners may modify the agreement from time to time with the consent of the district boards.

35
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2
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703.

Body corporate; name and style; powers generally; rules and regulations of trustees.

(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:

(x)

Operate one (1) or more medical clinics for the provision of health care;

(xi)

Employ physicians, physician assistants, advance practice nurses, nurses and other needed personnel to operate the clinic or clinics. The persons so employed may, as district employees, practice their professions outside the clinic and may obtain hospital privileges;

(xii)

Obtain needed insurance from the local government self insurance pool.

(b)

All areas of the state are hereby declared to be sufficiently rural to qualify for a special rural health care district.

(c)

In the event the district is profitable, the profits may be used as follows:

(i)

A reserve may be established to provide working capital and to ensure the continued operation and financial stability of the district;

(ii)

Any mill levy to support the district or repay its bond or other obligation may be reduced or eliminated;

(iii)

The district may support the provision of health care for those unable to pay due to poverty including cases of extraordinary expense where the persons can pay some but not all of their expenses.

(d)

If the district is dissolved, any funds remaining after its outstanding obligations are paid shall be used to support the provision of health care for those unable to pay due to poverty. The county commissioners shall make any provisions as are necessary to administer these funds.

35
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2
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708.

Administration of finances; assessment and levy of taxes.

(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 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
, except as provided by subsection (d) of this section
.

(d)

The levy established pursuant to subsection (c) of this section may exceed two (2) mills if a higher levy has been approved by a vote of the people. The ballot resolution shall specify the maximum number of mills that may be levied and the duration of the authorization for additional mills which shall not exceed four (4) years. The county commissioners in their discretion may place the proposition to allow the mill levy on the ballot following a petition from the district board. The election shall be held as specified by W.S. 22-29-113.

(e)

With the approval of the voters, the district may, as an economic development measure, establish privately owned and operated health care clinics including facilities, equipment, supplies and working capital. The district may provide for repayment of funds used for this purpose and may make the repayment contingent on the degree of profitability of the clinic. The approval of the voters shall be obtained in the same manner as other proposals implementing article 16, section 3, of the Wyoming Constitution and may be placed on the ballot only with the approval of the county commissioners.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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SF0158