34-8-1
Establishment and maintenance of county hospital authorized--Types of institutions
included.
34-8-2
County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.
34-8-3
Repealed.
34-8-4
Election on county hospital or bond issue--Percentage of vote required for approval.
34-8-4.1
Additions to hospitals--Revenue bonds authorized.
34-8-4.2
Election not required for revenue bonds--Protest requiring election.
34-8-5
Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.
34-8-6
Management of hospital by county commissioners--Rules and regulations.
34-8-7
Board of trustees for management of hospital--Terms of office of trustees--Removal
of trustee.
34-8-8
Repealed.
34-8-8.1
Determination of professional staff--Discrimination between practitioners prohibited.
34-8-9
Repealed.
34-8-10
Leasing in lieu of county operation of hospital--Bond required.
34-8-11
County hospital as public hospital--Charges paid from county general fund--Collection of accounts.
34-8-12
Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.
34-8-13
Receipts for payments to hospital.
34-8-14
Lien of county for hospital costs paid from poor fund.
34-8-15
Lien for cost of hospital services provided persons other than county charges.
34-8-16
Termination of lien for hospital charges.
34-8-17
Filing of statement of hospital charges--Indexing and notice of lien.
34-8-18
Foreclosure of lien for hospital charges.
34-8-19
County levy for operation and maintenance of hospital.
34-8-20
Monthly payment of hospital receipts into fund--Use of surplus in fund.
34-8-21
Repealed.
34-8-22
Warrants for disbursements from hospital fund.
34-8-23
County wards in other hospitals--Appropriation.
34-8-1. Establishment and maintenance of county hospital authorized--Types of institutions included.
The board of county commissioners in any county in this state may establish and maintain or lease to be maintained a county hospital for the care and treatment of county charges, and such other persons as may apply for admission to such hospital. In this chapter, the term "hospital" may be construed to mean a hospital, a medical facility and its equipment, a nursing facility or a home for the aged, or any building used or to be used for any two or more of these purposes.
Source: SL 1909, ch 265, § 1; SL 1911, ch 110; RC 1919, § 7694; SL 1919, ch 282; SL 1929, ch 210, § 1; SDC 1939, § 27.1901; SL 1953, ch 125; SL 1955, ch 95, § 1; SL 1959, ch 133; SL 1969, ch 108, § 1; SL 1982, ch 258, § 1.
34-8-2. County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.
The board of county commissioners in any county in this state may issue the bonds of the county for the purpose of purchasing an existing hospital and site, upon an appraisal by a board established by usual procedure with or without equipment and supplies, or other suitable buildings and site, or for the purpose of purchasing a site for a hospital and for the erection, equipment, and maintenance thereof, in either event, or for the construction and equipment of one or more additions and improvements to an existing hospital. No county may issue its bonds under the provisions of this section in excess of two percent of its assessed valuation of the taxable property therein for the year preceding that in which the indebtedness is incurred. A continuing annual tax shall be levied for the payment of the bonds and interest thereon in accordance with § 7-24-18. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source: RC 1919, § 7694 (1) as enacted by SL 1919, ch 282; SL 1929, ch 210, § 1; SDC 1939, § 27.1901; SL 1953, ch 125; SL 1955, ch 95, § 1; SL 1959, ch 133; SL 1982, ch 258, § 2; SL 1984, ch 43, § 110.
34-8-4. Election on county hospital or bond issue--Percentage of vote required for approval.
The board of county commissioners may by resolution or ordinance submit the question of establishing and maintaining a county hospital to the voters of the county at any regular election or at a special election called for that purpose.
The election shall be held in the manner and upon the notice prescribed by law for county bond elections. If sixty percent of the ballots cast are in favor of the establishment and maintenance of a county hospital, the board of county commissioners may establish and maintain a county hospital according to the provisions of chapter 34-8. The election on the question of establishing and maintaining a county hospital may be held at the same time as the election on the bond issue. If the bond issue receives sixty percent of the votes cast, and the establishing and maintaining of a county hospital fails to receive sixty percent of the votes cast, the bond issue is deemed to have failed.
Source: SL 1897, ch 49, § 3; RPolC 1903, § 972; RC 1919, § 6984; RC 1919, § 7694 (2) as enacted by SL 1919, ch 282; SL 1929, ch 210, § 2; SDC 1939, § 27.1902; SL 1945, ch 110, § 1; SL 1955, ch 95, § 2; SL 1957, ch 119, § 1; SL 1982, ch 258, § 4; SL 1984, ch 43, § 112.
34-8-4.1. Additions to hospitals--Revenue bonds authorized.
The county commissioners of any county operating a county hospital which was established pursuant to the vote of the people shall have the authority to construct and equip improvements and additions thereto and for that purpose may borrow money and issue negotiable bonds without pledging or using the credit of such county for their payment, in lieu of or in addition to any bonds issued pursuant to § 34-8-2. Such bonds as so issued shall be paid exclusively from the revenues derived from furnishing care and treatment to patients using such hospital and additions thereto. All the provisions of chapter 9-40, dealing with municipal utility revenue bonds, insofar as applicable are applicable to revenue bonds issued under the provisions of this section.
Source: SL 1970, ch 195; SL 1982, ch 258, § 5.
34-8-4.2. Election not required for revenue bonds--Protest requiring election.
Notwithstanding the provisions of § 34-8-4.1, it shall not be necessary to submit the question of the bond issue to the people excepting that if within thirty days from the publication of the official minutes of the meeting of the county commissioners in which the resolution to issue revenue bonds is adopted, a protest signed by fifteen percent of the voters of the county voting for Governor at the last general election be filed with such county commissioners, then no such bond issuance shall be made until the question shall have been submitted to the vote of the people and sixty percent of those voting shall vote in favor thereof. The question so submitted shall be "Shall the County issue Revenue Bonds not to exceed $____ for the financing of an addition to the county hospital?"
Source: SL 1970, ch 195.
34-8-5. Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.
In lieu of issuing bonds to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain a county hospital, the board of county commissioners may levy a tax, not to exceed sixty cents per thousand dollars of taxable valuation of the county in any one year to provide a special revenue fund to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain or lease to maintain a county hospital. If a sufficient amount is raised, the board of county commissioners shall purchase or erect, equip and maintain or lease to maintain a county hospital as provided in this chapter.
Source: SL 1929, ch 210, §§ 14, 15; SDC 1939, § 27.1903; SL 1955, ch 95, § 3; SL 1984, ch 43, § 113; SL 1989, ch 87, § 15D.
34-8-6. Management of hospital by county commissioners--Rules and regulations.
On the completion of a county hospital the operation and management thereof shall be the responsibility of the board of county commissioners of the county owning such hospital and the board shall establish rules and regulations for its operations.
Source: SDC 1939, § 27.1904 as added by SL 1953, ch 126; SL 1966, ch 78.
34-8-7. Board of trustees for management of hospital--Terms of office of trustees--Removal of trustee.
To manage or assist them in the management of a county hospital, the board of county commissioners may appoint a board of trustees consisting of five competent and responsible freeholders of the county, one of whom shall be a legally qualified physician or nurse, in which case one member of said board shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years.
Their terms of office shall expire on the first Monday of July of the year of expiration. Thereafter it shall be the duty of such board of county commissioners annually at their regular meeting in July to appoint for a term of five years a successor to the trustee whose term of office shall expire during that year.
Any member of such board of trustees may be removed at any time by the board of county commissioners.
Source: SL 1919, ch 282; SL 1929, ch 210, § 8; SDC 1939, § 27.1904; SL 1945, ch 111; SL 1953, ch 126; SL 1966, ch 78.
34-8-8.1. Determination of professional staff--Discrimination between practitioners prohibited.
A governing board of a hospital subject to chapter 34-8 shall reasonably and properly determine, subject to the right of judicial review, the membership of the professional staff of the hospital and delineate the staff privileges, but it shall not discriminate between licensed practitioners of the various healing arts.
Source: SL 1981, ch 257, § 2.
34-8-10. Leasing in lieu of county operation of hospital--Bond required.
The board of county commissioners, instead of maintaining and operating said hospital in the name of the county, may call for bids for the leasing thereof for a term of years, to competent and responsible societies or corporations, which shall furnish a sufficient bond to be approved by the board of county commissioners, for the proper fulfillment of all the terms of the lease; in which case the county shall be released from responsibility in the maintenance and operation thereof and from any debt incurred thereby.
Source: SL 1919, ch 282; SL 1929, ch 210, § 11; SDC 1939, § 27.1907.
34-8-11. County hospital as public hospital--Charges paid from county general fund--Collection of accounts.
Every county hospital established and maintained under the provisions of this chapter shall be kept and maintained as a public, county hospital. It may charge a reasonable price for the use of such hospital and its facilities to such persons being residents of the county as may be determined by the board of county commissioners to be county charges without means and in that event the cost of such services at such hospital shall be paid to the hospital fund from the general fund on behalf of such county charges. It may also collect accounts which are due and it may employ collection agencies or attorneys on a contingent fee basis or may assign the claim for collection.
Source: SL 1919, ch 282; SL 1929, ch 210, § 10; SDC 1939, § 27.1906; SL 1949, ch 108, § 1; SL 1957, ch 120; SL 1965, ch 129; SL 1983, ch 254; SL 1985, ch 77, § 17.
34-8-12. Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.
The board of county commissioners shall establish rules, not inconsistent with the laws of this state, covering the admission of persons to the county hospital provided for in § 34-8-1, and shall require every person admitted to such hospital to pay the county the cost of his care therein, all moneys so received to be credited to the county general fund. In the case of poor and indigent persons, the board shall pay the cost of the care of such persons out of the general fund.
Source: SL 1909, ch 265, §§ 2, 3; RC 1919, § 10046; SDC 1939, § 50.0108; SL 1985, ch 77, § 18.
34-8-13. Receipts for payments to hospital.
Triplicate receipts shall be issued by the secretary of the board of trustees for all moneys received, showing the amount of money received, the date of its receipt, and the person from whom, and the purpose for which it was received. The original of such receipt shall be delivered to the payor, one copy thereof shall be delivered to the county treasurer, and one copy retained in the files of the board of trustees after having been audited and approved by the board of county commissioners.
Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905.
34-8-14. Lien of county for hospital costs paid from poor fund.
Whenever any county within this state shall become obligated to and does pay the hospital bills and charges for any of the persons defined in § 34-8-11 as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal except property absolutely exempt from seizure and sale, of such persons defined herein, for all sums expended therefor by any county; such lien shall be established, recorded and foreclosed as provided by chapter 28-14, and all the provisions of said chapter are hereby made applicable thereto.
Source: SDC 1939, § 27.1906 as added by SL 1949, ch 108, § 2; SL 1957, ch 120.
34-8-15. Lien for cost of hospital services provided persons other than county charges.
Whenever any county within this state, maintaining and operating a hospital under the provisions of this chapter, is requested to and does furnish the use of its hospital and its facilities to any person or to any member of such person's family, who may be other than persons defined as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal, except property absolutely exempt from seizure and sale, of such person who receives the use of such hospital and its facilities for the cost of the services charged to such person for the use of such hospital and its facilities.
Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
34-8-16. Termination of lien for hospital charges.
The lien provided for in § 34-8-15 shall cease at the end of ninety days after the rendering of the last service or the last use of the facilities of such hospital, unless the board of county commissioners shall direct the county auditor to cause to be filed with the register of deeds the verified statement provided for in § 34-8-17.
Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
34-8-17. Filing of statement of hospital charges--Indexing and notice of lien.
Whenever directed by the board of county commissioners, of the county maintaining and operating a hospital under the provisions of this chapter, the auditor of said county shall cause to be filed in the office of the register of deeds of such county a verified statement containing the name of any such person, other than a county charge without means, receiving the use of such hospital and its facilities, including the name of the person obligated for the support of such person if it be other than the recipient of the services, together with the amount of the charges for the services rendered. Upon the filing of such statement the register of deeds shall index the same in a record to be provided for the purpose, and from the time of the filing thereof it shall constitute actual notice to all persons of the lien as provided in § 34-8-15. A certified copy of such statement may be filed in the office of the register of deeds of any county in the state, and shall be filed and indexed as a part of the public aid to poor lien records of such county; and from the time of filing thereof shall constitute actual notice to all persons of a lien upon any property of said person in said county to the extent as provided in § 34-8-15.
Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
34-8-18. Foreclosure of lien for hospital charges.
The lien provided by § 34-8-15 shall be foreclosed as provided by chapter 28-14, and all property acquired by the county upon any such foreclosure shall be disposed of as provided by said chapter.
Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
34-8-19. County levy for operation and maintenance of hospital.
The board of county commissioners of any county maintaining, operating, or leasing to any organization a county hospital shall appropriate from the general fund an amount sufficient to operate and maintain the county hospital.
Source: SDC 1939, § 27.1909 as enacted by SL 1951, ch 133; SL 1964, ch 89; SL 1966, ch 79; SL 1975, ch 217; SL 1980, ch 239; SL 1985, ch 77, § 19.
34-8-20. Monthly payment of hospital receipts into fund--Use of surplus in fund.
The board of trustees shall at least once in each month pay to the county treasurer all moneys received by them as hospital fees or otherwise, which shall be by him deposited in the county hospital fund, which fund shall be available for the payment of any expenses incurred in operating such county hospital. The county commissioners may appropriate by resolution any surplus moneys in the county hospital fund for the purpose of constructing or renovating hospital facilities or equipping such facilities.
Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905; SL 1970, ch 196; SL 1985, ch 77, § 20.
34-8-22. Warrants for disbursements from hospital fund.
Warrants drawn by the board of county commissioners for the payment of expenses of operating and maintaining the hospital shall be upon vouchers approved and signed by the president and secretary of the board of trustees.
Source: SL 1919, ch 282; SL 1929, ch 210, § 9; SDC 1939, § 27.1905.
34-8-23. County wards in other hospitals--Appropriation.
The board of county commissioners of any county in which no county hospital has been established may establish one or more wards in any public or private hospital situated in the county, or any adjoining county for the use of the county under such regulations as may be agreed upon. For such purpose the board shall appropriate the necessary money from the general fund.
Source: SL 1929, ch 210, § 16; SDC 1939, § 27.1908; SL 1985, ch 77, § 21.
