Idaho State Statutes - Idaho Attorney Directory

(1) As an alternative to the procedure set forth in section 31-3515, Idaho
Code, counties acting through their respective boards of county commissioners
may convey or lease county hospitals, and the equipment therein, subject to
the following conditions:
(a) The entity to which the hospital is to be transferred shall be a
nonprofit corporation;
(b) No lease term shall exceed ninety-nine (99) years. This subsection
supersedes that part of section 31-836, Idaho Code, which is inconsistent
herewith;
(c) The governing body of the nonprofit corporation must be composed
initially of the incumbent members of the board of hospital trustees, as
individuals. The articles of incorporation must provide for a membership
of the corporation which is:
(i) Broadly representative of the public and includes residents of
each incorporated city in the county and of the unincorporated area
of the county; or
(ii) A single nonprofit corporate member having articles of
incorporation which provide for a membership of that corporation
which is broadly representative of the public and includes residents
of each incorporated city in the county and of the unincorporated
area of the county.
The articles must further provide for the selection of the governing
body by the membership of the corporation, or exclusively by a parent
corporation which is the corporate member, with voting power, and not by
the governing body itself, except to fill a vacancy for the unexpired
term. The articles must further provide that no member of the governing
body shall serve more than two (2) consecutive three (3) year terms.
(d) The nonprofit corporation must provide care for indigent patients,
and receive any person falling sick or maimed within the county.
(e) The transfer agreement must provide for the transfer of patients,
staff and employees, and for the continuing administration of any trusts
or bequests or maintenance of records pertaining to the existing public
hospital.
(f) The transfer or lease agreement shall provide for a transfer or lease
price which shall be either of the following:
(i) The acceptance of all assets and assumption of all liabilities;
or
(ii) Such other price as the commissioners and the nonprofit
corporation may agree.
(2) If any hospital which has been conveyed pursuant to this section
ceases to be used as a nonprofit hospital, unless the premises so conveyed are
sold and the proceeds used to erect or enlarge another nonprofit hospital for
the county, the hospital so conveyed reverts to the ownership of the county.
If any hospital which has been leased pursuant to this section ceases to be
used as a nonprofit hospital, the lease shall terminate.
(3) The provisions of section 31-808, Idaho Code, with respect to the
sale and disposition of real and personal property owned by the county, shall
not apply to transactions covered by section 31-3515, Idaho Code, and this
section.

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