Private Acts of 1953 Chapter 176

SECTION 1.  That a non-profit Hospital District, to be known as Henry County General Hospital, is hereby created and established for and in behalf of Henry County, Tennessee.

SECTION 2.  That said Hospital District shall consist of the following described tract of land, together with all buildings and other improvements thereon and all appurtenances thereunto belonging, located in the First Civil District of Henry County, Tennessee, and more particularly described as follows:

Beginning at the south west corner of this described property at a concrete right-of-way marker in the east right-of-way line of Highway U.S. 79 which is 100 feet east of the center line of said highway; thence south 84 degrees 53 minutes east 1622.7 feet to an iron stake; thence north 04 degrees 02 minutes west 897.8 feet to an iron stake; thence north 85 degrees 32 minutes west 241.60 feet to an iron stake; thence north 05 degrees 26 minutes east 111 feet to a point in the center line of a branch being a part of the north boundary of this described property; thence with the center line of the branch in a north west direction and with its meanderings 665 feet, more or less to a point in the center of said branch; thence leaving branch and running south 11 degrees 50 minutes west 140.0 feet to an iron pin; thence north 78 degrees 08 minutes west 294.3 feet to an iron pin in the east right-of-way line of Highway U.S. 79 which is 100 feet east of the center line of said highway; thence south 19 degrees west 357.5 feet to an iron pin in the east right-of-way line of said highway; thence continuing with said right-of-way line, it being a curved line running in a south west direction, 822 feet approximate to the point of beginning.

The hospital district shall also include the land on which is presently located the Henry County Ambulance Service.

SECTION 3.  The Hospital District shall be operated and controlled by a board of trustees consisting of no less than three (3) and no more than seven (7) persons appointed by the Henry County Commission. Two (2) of the trustees shall be members of the Henry County Commission, and the remainder shall be citizens of Henry County at large. Trustees shall serve for terms of four (4) years, staggered such that no more
than two (2) terms expire in any single year.

All trustees holding office on the effective date of this Act shall continue to serve until their office becomes vacant (due to term expiration or otherwise). The Henry County Commission may recall any trustee with or without cause. When a trustee's term expires or an office becomes vacant, if it is necessary to maintain the minimum required number of trustees, the Henry County Commission shall appoint a successor trustee
within ninety (90) days of the vacancy. If the expiration of a term or vacancy does not result in fewer than the minimum number of required trustees, the Henry County Commission may, in its discretion, appoint a successor trustee.
 

The Henry County Commission may appoint trustees from time to time in its discretion up to the maximum number authorized above; provided, that the timing of the appointments is such that terms are staggered as required above. 

SECTION 4.  

[Repealed by amendment in 2025.] 

SECTION 5.  The board of trustees shall hold regular meetings at least quarterly on dates which it shall establish. The Board may on call of the Chairman hold special meetings at any time under rules which it shall establish.

     (A) The Board shall have the responsibility and authority to:

           (i) Control the property and facilities of the Hospital District;

           (ii) Purchase real estate with the approval of the County Commission;

           (iii) Sell or lease, with the approval and authorization of the County Commission, any portion of the real estate that the District owns and to execute leases and deeds therefor when authorized to do so by the County Commission;

           (iv) Sell or lease personal property that the District owns in the ordinary course of business;

           (v) Receive all moneys for Hospital purposes, including tax receipts from the County Trustee's office, and to disburse all such moneys in cash or by check;

           (vi) Make contracts for goods and services;

           (vii) Establish rules and regulations governing the property of the District, its uses and management;

           (viii) Erect buildings, to employ, define the duties of, fix compensation of, and to discharge employees of the District; and

           (ix) To act for and on behalf of Henry County, Tennessee, in the discharge of its mission as set forth in Section 6 of this Act.

     (B) Notwithstanding any other provision of this Act or other applicable law:

           (i) The County Commission is vested with sole authority (a) to sell or lease any portion of the real estate which the District owns (including that described in Section 2 of this Act) and (b) to sell or lease personal property that the District owns outside the ordinary course of business. This authority includes, without limitation, the power to sell or lease any and all of the District's assets to one (1) or more other public or privately owned entities;

           (ii) The proceeds from any sale or lease of the District's assets under this subsection shall first be applied to pay indebtedness which the County incurred or guaranteed on behalf of the District, unless the County Commission specifically directs that all or any portion of the proceeds be paid instead to the District for its general purposes; and

           (iii) The County Mayor is authorized to execute any deeds of conveyance, leases, bills of sale and other assignments, agreements, certificates and documents necessary or convenient to complete the sale of assets directed by the County Commission under this subsection.

     (C) In the event that the sale or lease of assets outside the ordinary course of business renders the District financially unable to render hospital, ambulance, nursing  home, or other services that the District is authorized or required to provide by this Act, the District shall be relieved of any requirement to provide such services unless and until the District is adequately funded to provide such services at or above the applicable standards of care.

SECTION 6.  That the mission of the Hospital District shall be to manage the property of the Hospital District, and to provide Hospital service of the highest quality consistent with generally recognized standards of hospital service, and with the physical facilities provided and with the limitations imposed by the Budget.  Such services shall be rendered to any person who makes satisfactory financial arrangements for his service and who is certified for entrance by a practicing physician; and to any person regardless of financial arrangements, if (1) in the opinion of a member of the staff of physicians of the hospital, the physical well being of the person is seriously and eminently endangered by delay in providing the service, or (2) it is determined after due investigative procedure of the Board of Trustees or its delegated representatives that such person, if a resident of Henry County, is without any means whatsoever to pay for such services and it is certified by a physician of the hospital staff that such person is in need of such services.  No charity patients shall be admitted from outside Henry County, Tennessee except, as prior arrangements for pay for hospital services are made by another political sub-division.

The hospital district shall provide ambulance services of the highest quality consistent with the generally recognized standards of like services with the physical facilities provided and within the limitations imposed by the budget.  Such services shall be rendered to any person who makes satisfactory financial arrangements for his service and who is, in the opinion of the agents and servants of the hospital district acting under the rules promulgated by the board of trustees in need of such services, and to any person regardless of financial arrangements, if the physical well being of the person is seriously and imminently endangered by delay in the provision of such services, or any person who is without any means whatsoever to pay for such services.  No such ambulance services shall be rendered outside Henry County, Tennessee, except if prior arrangements for pay for ambulance services are made by another political subdivision.  The hospital district will provide ambulance services in the same manner as previously provided by the Henry County ambulance service pursuant to Chapter 24 of the Private Acts of 1969, as amended, except to the extent such provision of services would conflict with the rules and regulations for the operation of the hospital district as are established by the board of trustees of the hospital district and other provisions of this Act.

The Hospital District may provide nursing home services in the same manner as previously provided by the Henry County Nursing Home Board of Directors pursuant to Chapter 354 of the Private Acts of 1968, as amended, except to the extent such provision for services would conflict with the rules and regulations for the operation of the Hospital District as are established by the Board of Trustees of the Hospital District
and other provisions of this Act.

SECTION 7.  That said board shall, with the advice of the county executive, and in accordance with the Budget Law of Henry County, prepare and present to the county commission a suggested budget adopted for it by the county commission.  The board shall make an informal financial statement in writing to each regular meeting of the county commission covering the previous three (3) months operations.

The books of the Hospital District shall be audited annually by a certified public accountant selected by the Board and County Judge, and approved by the Quarterly County Court; and said auditor's report shall be made to the County Judge and the Quarterly County Court at its first meeting following completion of said audit.  All such financial statements, formal and informal, shall become a part of the minutes of the Quarterly County Court.

SECTION 8.  That the Quarterly County Court of Henry County, Tennessee is hereby authorized to appropriate to the Hospital District from the General Funds of the County such sums as may be required to commence the operation of said District, including all sums heretofore budgeted therein for Hospital purposes, and also the sum of $50,000.00 derived from the sale of Hospital Bonds, now in the hands of the County Trustee to commence the operation of said District.  Thereafter to appropriate such sums collected from the levy of taxes for Hospital purposes as may be required in the operation and maintenance of said District; and Henry County is authorized and empowered, also, to levy a tax for this purpose, not exceeding 50 cents per one hundred dollars upon all taxable property within Henry County, Tennessee.

SECTION 9.  That if any section or part of section of this Act proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of this Act, unless it clearly appears that such other section or part of section is wholly or necessarily dependent for its operation upon the section or part of section held to be unconstitutional or invalid.

SECTION 10.  That this Act take effect from and after its passage, the public welfare requiring it.

Passed:  March 17, 1953.