11-254.03. Board powers; hospitals

In addition to the provisions of section 11-251, paragraph 5, if a board maintains a hospital or health care facility for the sick of the county or if a board has delegated this responsibility to a hospital board pursuant to section 36-183.01, the board or county hospital board may:

1. Enter into agreements with other health care entities, governmental entities, organizations, foundations or providers for services or facilities to provide, maintain, establish, enhance, manage or manage the risk of health care services.

2. Acquire and operate, maintain, lease, encumber and dispose of real and personal property, including property held in trust, and interests in this property.

3. Adopt administrative rules, including an employee merit system and competitive procurement process, necessary to administer and operate the hospital's or health care facility's programs and any property under the authority of either.

4. Establish or acquire foundations or charitable organizations to solicit donations, financial contributions, real or personal property or services for use solely to perform the duties and obligations in furtherance of the provision of health care services.

5. Delegate to the chief executive officer of the hospital the authority to compromise claims for services provided or debts incurred, up to twenty-five thousand dollars per claim or debt.  

6. Disclose and make available records and other matters in the same manner as is required of a public body pursuant to title 39, chapter 1, except that it is not required to disclose or make available any records or other matters that:

(a) Identify the care or treatment of a patient who receives services, including billing information, unless the patient or the patient's representative consents to the disclosure in writing or unless otherwise permitted pursuant to federal or state law.

(b) Reveal proprietary information provided to it by a nongovernmental source.  For the purposes of this subdivision, "nongovernmental" means an entity other than the United States government, an agency or instrumentality of the United States government or a public body as defined in section 39-121.01.

(c) Would cause demonstrable and material harm and would place it at a competitive disadvantage in the marketplace.

(d) Would violate any exception, privilege or confidentiality granted or imposed by statute or common law.