2007 Oregon Code - Chapter 440 :: Chapter 440 - Health Districts - Port Hospitals
Chapter 440 —
Health Districts;
2007 EDITION
HEALTH DISTRICTS;
PUBLIC HEALTH AND SAFETY
HEALTH DISTRICTS
440.305Â Â Â Â District
created coterminous with each district existing on July 2, 1957; districts
existing on July 2, 1957, abolished
440.310Â Â Â Â New
district succeeds to and replaces abolished district
440.315Â Â Â Â Definitions
for ORS 440.315 to 440.410
440.320Â Â Â Â Health
districts authorized
440.325Â Â Â Â Board
of directors; qualifications
440.327Â Â Â Â First
board of directors; how first terms computed; oath; terms; vacancy
440.330Â Â Â Â Number
of directors; terms; effect of absence; district employee not eligible to serve
on board
440.335Â Â Â Â Election
of officers of board of directors; duties; quorum
440.340Â Â Â Â Directors;
meetings; rules
440.345Â Â Â Â Position
numbers for election of directors
440.347Â Â Â Â District
elections
440.350Â Â Â Â Call
of special elections
440.360Â Â Â Â Powers
of health districts
440.365Â Â Â Â User
charges
440.370Â Â Â Â Eminent
domain
440.375Â Â Â Â Authority
to issue bonds
440.380Â Â Â Â Bonds;
maturity; interest; conditions
440.385Â Â Â Â Pledge
of income and revenues to secure payment of bonds
440.390Â Â Â Â Issuance
of bonds
440.395Â Â Â Â Tax
levies; use; extension; collection; default
440.397Â Â Â Â Filing
of boundary change
440.400Â Â Â Â Expenditure
and accounting of district funds
440.403Â Â Â Â Adoption
of health district budget
440.405Â Â Â Â District
records open to inspection; preservation of records
440.410Â Â Â Â Annual
audit
440.420Â Â Â Â Medicaid
Upper Payment Limit Account
PORT HOSPITALS
440.505Â Â Â Â Port
hospitals; levy of taxes; property exempt from taxation
     440.010 [Amended by 1963 c.607 §1; 1967 c.613 §1; repealed by 1981 c.45 §1]
     440.020 [Amended by 1967 c.613 §2; repealed by 1981
c.45 §1]
     440.030 [Amended by 1963 c.607 §2; 1967 c.613 §4;
repealed by 1981 c.45 §1]
     440.040 [1967 c.613 §3; repealed by 1981 c.45 §1]
     440.110 [Repealed by 1981 c.45 §1]
     440.120 [Repealed by 1981 c.45 §1]
     440.130 [Repealed by 1981 c.45 §1]
     440.140 [Repealed by 1981 c.45 §1]
     440.150 [Repealed by 1981 c.45 §1]
     440.160 [Repealed by 1981 c.45 §1]
     440.170 [Repealed by 1981 c.45 §1]
     440.180 [Amended by 1967 c.317 §1; repealed by 1981
c.45 §1]
     440.190 [Repealed by 1981 c.45 §1]
     440.200 [Amended by 1967 c.317 §2; repealed by 1981
c.45 §1]
     440.210 [Repealed by 1981 c.45 §1]
     440.220 [Amended by 1963 c.607 §3; repealed by 1981
c.45 §1]
     440.230 [Repealed by 1981 c.45 §1]
HEALTH
DISTRICTS
     440.305
District created coterminous with each district existing on July 2, 1957;
districts existing on July 2, 1957, abolished. (1) There hereby is created a health district
territorially coterminous with each health district existing on July 2, 1957,
if such existing health district was at that time a valid health district but
for the fact that the electors of the district were required to have resided in
the district for a period of not less than 90 days next preceding an election.
In determining the boundaries of health districts created by this subsection,
full effect shall be given to annexations effected by health districts prior to
November 22, 1957, under ORS 441.205 to 441.410 (1957 Replacement Part).
     (2) Health districts created by subsection
(1) of this section are subject to and shall be governed by ORS 440.315 to
440.410.
     (3) Health districts territorially
coterminous with health districts created by subsection (1) of this section
hereby are abolished. [Formerly 441.195]
     440.310
New district succeeds to and replaces abolished district. Each health district created by ORS 440.305
(1) shall in all respects be the successor of and replace the territorially
coterminous health district abolished by ORS 440.305 (3). Without limiting the
foregoing:
     (1) A successor health district is:
     (a) The owner of all assets of the
succeeded health district, including real and personal property, money, water,
water rights and riparian rights.
     (b) Successor party to the contracts of
the succeeded health district.
     (c) Successor party to court proceedings
in which the succeeded health district was a party.
     (d) Successor obligor and subject to the
indebtedness, bonded or otherwise, of the succeeded health district.
     (2) A successor health district shall levy
and collect any tax lawfully assessed or collect any tax lawfully assessed and
levied, as the case may be, by the succeeded health district.
     (3) The rules and regulations of the
succeeded health district are the rules and regulations of the successor health
district until changed under ORS 440.315 to 440.410.
     (4) The directors and officers of the
succeeded health district are the directors and officers of the successor
health district. [Formerly 441.200; 1987 c.158 §84]
     440.315
Definitions for ORS 440.315 to 440.410. As used in ORS 440.315 to 440.410, unless the context requires
otherwise:
     (1) “County board” means the county court
or board of county commissioners, as the case may be, of the county in which a
district, or the greater portion of the taxable assessed value thereof, is
located.
     (2) “County clerk” means the county clerk
of the county in which a district, or the greater portion of the taxable
assessed value thereof, is located.
     (3) “District board” or “board” means the
board of directors of a district.
     (4) “Health district” or “district” means
any district formed pursuant to ORS 440.315 to 440.410.
     (5) “Owner” means the holder of the record
title to real property or the vendee under a land sale contract, if there is
such a contract. [Formerly 441.205; 1975 c.701 §1; 1983 c.83 §85]
     440.320
Health districts authorized.
(1)(a) Health districts may be formed for the purposes of:
     (A) Providing clinically related diagnostic,
treatment and rehabilitative services on an inpatient or outpatient basis;
     (B) Providing outreach programs in health
care education, health care research and patient care;
     (C) Serving as a resource for health care
providers in the district; and
     (D) Promoting the physical and mental
health and well-being of district residents.
     (b) Health districts may consist of
territory in one or more counties, or of a city with or without unincorporated
territory. A city shall not be divided in the formation of a health district.
     (c) A health district may provide services
to persons residing outside its boundaries. A health district may provide
services within the boundaries of another health district only with the written
permission of that health district.
     (2) A health district may include within
its boundaries all or any part of the territory of a port district organized
under ORS chapter 777 if the port district does not then operate a hospital. [Formerly
441.210; 1999 c.630 §1; 2003 c.802 §112]
     440.325
Board of directors; qualifications. The power and authority given to health districts, except as otherwise
provided by ORS 440.315 to 440.410, is vested in and shall be exercised by a
board of directors each of whom shall be an elector of the district. [Formerly
441.280; 1979 c.520 §1; 1983 c.83 §86; 1983 c.350 §255; 1983 c.699 §5]
     440.327
First board of directors; how first terms computed; oath; terms; vacancy. (1) At the election for the first board of
directors, five directors shall be elected. Their terms shall commence on the
30th day after the election. The terms of the candidates for the first board of
directors who receive the first and second highest number of votes expire June
30 next following the second regular district election. The terms of the
candidates who receive the third, fourth and fifth highest votes expire June 30
next following the first regular district election.
     (2) Not later than the 10th day after the
issuance of the order of formation, the directors of the first board shall take
and subscribe an oath of office and then meet and organize.
     (3) Except as provided in subsection (1)
of this section, the term of a director is four years.
     (4) The board of directors shall fill any
vacancy on the board as provided in ORS 198.320. [1983 c.350 §257]
     440.330
Number of directors; terms; effect of absence; district employee not eligible
to serve on board. (1) The
board of directors of a district, by resolution offered and adopted at any
regular meeting of the board, may increase the number of directors from five to
no more than 15.
     (2) If the number of directors is
increased by action of the board, the board shall not fill by appointment any
newly created position on the board, but shall provide for the election at the
next regular district election of a sufficient number of additional directors
to fill the newly created positions on the board.
     (3) The term of office of each director
elected under subsection (2) of this section shall begin July 1 following the
next regular district election.
     (4) The directors who are elected under
subsection (2) of this section shall determine by lot the length of term each
shall hold office. The terms of not more than one-half of the directors who are
appointed or elected shall expire June 30 next following the first regular
district election after the appointment or election. The terms of the remainder
shall expire June 30 next following the second regular district election after
the appointment or election.
     (5) The term of a director shall expire
when the director is absent from four or more consecutive regular meetings of
the board and the board declares the position vacant. The vacancy shall be
filled as provided by ORS 198.320 (1) and (2).
     (6) An individual who is an employee of a
health district is not eligible to serve as a director of the health district
by which the individual is employed. [Formerly 441.285; 1979 c.520 §3; 1981
c.508 §1; 1983 c.350 §258; 1983 c.699 §1a; 1989 c.478 §1]
     440.335
Election of officers of board of directors; duties; quorum. (1) The directors of a health district
shall, at the time of their organization, choose from their number a
chairperson, a secretary and a treasurer, who shall hold their offices until
their successors are elected and qualified.
     (2) These officers shall have,
respectively, the powers and shall perform the duties usual in such cases.
     (3) A majority shall constitute a quorum
to do business and, in the absence of the chairperson, any other member may
preside at any meeting. [Formerly 441.290; 2007 c.71 §124]
     440.340
Directors; meetings; rules.
The district board shall hold meetings at such time and place within the
district as it may, from time to time, determine, but it shall hold at least
one regular meeting in each month on a day to be fixed by it, and may hold
special meetings under such rules as it may make. [Formerly 441.295]
     440.345
Position numbers for election of directors. (1) Each office of director of a health district shall be designated
by number as Position No. 1, Position No. 2 and so forth.
     (2) The secretary of a district shall
assign a position number to each office on the board. The secretary shall
certify the number so assigned to the director in office holding that position
and shall file one copy of the certification in the records of the elections
officer for the district. [Formerly 441.305; 1983 c.350 §259]
     440.347
District elections. (1) ORS
chapter 255 governs the following:
     (a) The nomination and election of
directors.
     (b) The conduct of district elections.
     (2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §261]
     440.350
Call of special elections.
The board, at any regular meeting, may call a special election of the electors
of the district. [Formerly 441.305]
     440.355 [Formerly 441.315; repealed by 1979 c.190 §431]
     440.360
Powers of health districts.
A health district has all powers necessary to carry out the purposes of ORS
440.315 to 440.410, including, but not limited to, the power:
     (1) To provide directly or indirectly any
physical or mental health related service.
     (2) To make any contract or agreement, to
purchase and lease real and personal property, to enter into business
arrangements or relationships with public or private entities and to create and
participate fully in the operation of any business structure, including the
development of business structures and arrangements for health care delivery
systems and managed care plans.
     (3) To participate in community sponsored
health screening, prevention, wellness, improvement or other activities that
address the physical or mental health needs of district residents. Such
participation may include clinical, financial, administrative, volunteer or
other support considered appropriate by the board.
     (4) To perform any other acts that in the
judgment of the board are necessary or appropriate to accomplish the purposes
of ORS 440.315 to 440.410. [Formerly 441.320; 1979 c.520 §2; 1981 c.508 §3; 1983
c.699 §2; 1983 c.740 §155; 1985 c.747 §50; 1987 c.850 §1; 1997 c.857 §1; 1999
c.630 §2; 2003 c.802 §113]
     440.365
User charges. A health
district is authorized to charge persons who use district facilities and
services. [Formerly 441.325; 1999 c.630 §3]
     440.370
Eminent domain. A health
district may exercise within its boundaries the power of eminent domain and may
purchase, sell, condemn and appropriate real property, water, water rights and
riparian rights. [Formerly 441.330; 2003 c.802 §114]
     440.375
Authority to issue bonds.
(1) For the purpose of carrying into effect the powers granted by ORS 440.315
to 440.410, a health district, when authorized at any properly called election
held for that purpose, may borrow money and sell and dispose of general
obligation bonds.
     (2) If prior to April 1, 1983, a health
district had outstanding indebtedness incurred pursuant to ORS 440.360 (1)(k)
(1997 Edition), a health district may issue general obligation bonds pursuant
to this section in an amount not to exceed the unpaid principal of and interest
on such indebtedness plus costs incidental to the bonds to be sold.
     (3) The general obligation bonds
outstanding at one time shall never exceed in the aggregate two and one-half
percent of the real market value of all taxable property within the district,
computed in accordance with ORS 308.207.
     (4) Notwithstanding the provisions of
subsection (3) of this section, if the district has within its limits a
population of 300 or over, it shall be permitted to have bonds outstanding in
an amount which shall not exceed in the aggregate 10 percent of the real market
value.
     (5) The bonds shall be issued from time to
time by the district board in behalf of the health district as authorized by
its electors. [Formerly 441.335; 1983 c.191 §1; 1991 c.459 §399; 1997 c.857 §2;
1999 c.630 §4]
     440.380
Bonds; maturity; interest; conditions. (1) The bonds shall mature serially within not to exceed 30 years from
issue date.
     (2) The bonds shall bear such rate of
interest as the district board shall determine.
     (3) The bonds shall be so conditioned that
the health district agrees therein to pay to the bearer, at a place named, the
principal sum of the bonds with interest at the rate named, payable
semiannually in accordance with the tenor and terms of the interest coupons
attached. [Formerly 441.345; 1977 c.188 §3; 1981 c.94 §36; 1983 c.347 §27; 2001
c.215 §5]
     440.385
Pledge of income and revenues to secure payment of bonds. (1) For the purpose of additionally securing
the payment of the principal of and interest on general obligation bonds issued
under ORS 440.375, a health district may, by resolution of the district board,
which resolution shall constitute part of the contract with the holders of such
general obligation bonds, pledge all or any part of the net income or revenue
of its properties.
     (2) The district board may adopt such a
resolution without submitting the question of such pledge to electors of the
health district. [Formerly 441.350]
     440.390
Issuance of bonds. All general
obligation bonds issued under ORS 440.375 shall be issued as prescribed in ORS
chapter 287A. [Formerly 441.355; 2007 c.783 §185]
     440.395
Tax levies; use; extension; collection; default. (1) Any health district may assess, levy and
collect taxes not to exceed one-fourth of one percent (0.0025) of the real
market value of all taxable property within the district, computed in
accordance with ORS 308.207. The proceeds of such taxes shall be applied by it
in carrying out the objects and purposes provided in ORS 440.320.
     (2) A health district, each year, may also
assess, levy and collect a special tax upon all such property, real and
personal, in an amount sufficient to pay the yearly interest on bonds
theretofore issued by the district and then outstanding, together with any
portion of the principal of such bonds maturing within such year. The special
tax shall be applied only in payment of interest and principal of bonds issued
by the health district, but the district may apply any funds it may have toward
the payment of principal and interest of any such bonds.
     (3) All taxes needed shall be levied and
returned to the county officer whose duty it is to extend the tax roll by the
time required by law for city taxes to be levied and returned.
     (4) All taxes levied by a health district
shall become payable at the same time and be collected by the same officer who
collects county taxes. The proceeds of the taxes collected under this section
shall be turned over to the health district according to law.
     (5) The county officer whose duty it is to
extend the county levy shall extend the levy of the health district in the same
manner as city taxes are extended.
     (6) Property is subject to sale for the
nonpayment of taxes levied by the health district in like manner and with like
effect as in the case of county and state taxes. [Formerly 441.360; 1991 c.459 §400;
2001 c.215 §6]
     440.397
Filing of boundary change.
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225. [2001 c.138 §28]
     440.400
Expenditure and accounting of district funds. (1) Except as otherwise provided by subsections (3) and (4) of this
section, all money of a health district shall be deposited in one or more
depositories, as defined in ORS 295.001, as designated by the district board.
It shall be withdrawn or paid out only when previously ordered by resolution or
vote of the board, and upon checks signed as provided by subsection (2) of this
section. Receipts or vouchers, showing clearly the nature and items covered by
each check drawn, shall be kept on file.
     (2) Except for checks issued in accordance
with subsection (3) of this section, checks of a district shall be signed:
     (a) By the treasurer and countersigned by
the chairperson, or in the absence or inability of the chairperson to act, by
the secretary; or
     (b) By an administrative employee of the
district designated by the board of directors, and countersigned by a director
of the district.
     (3) The district board may, by resolution:
     (a) Set aside specified amounts from money
available for operating the district hospital facility; and
     (b) Delegate to an administrative officer
of the district in charge of the hospital facility the authority to approve
specified claims for expenses previously authorized by the board and to issue
and sign checks in payment thereof.
     (4) Moneys of a health district may be
invested as provided by ORS 294.035 and 294.040. [Formerly 441.365; 1983 c.699 §3;
2001 c.215 §7]
     440.403
Adoption of health district budget. (1) A health district shall adopt an annual budget by:
     (a) Preparing a proposed budget for the
fiscal year not later than June 1 of each year;
     (b) Publishing a notice of the proposed budget
and of the date and place of a hearing on the proposed budget five to 30 days
prior to the hearing;
     (c) Holding a public hearing on the
proposed budget;
     (d) Adopting a final budget by resolution
not later than June 30 of each year; and
     (e) Filing a written notice pursuant to
ORS 310.060 not later than July 15 of each year if the district seeks to impose
property taxes.
     (2) A health district may adopt a
supplemental budget by resolution at a regular meeting of the district board. A
supplemental budget may not extend beyond the end of the fiscal year during
which it is submitted.
     (3) As used in this section:
     (a) “Budget” means a plan of financial
operation embodying an estimate of expenditures for a given period or purpose
and the proposed means of financing the estimated expenditures.
     (b) “Fiscal year” means the period
beginning on July 1 of any year and ending on June 30 of the next year.
     (c) “Publish” means giving notice or
making information or documents available to members of the general public by
printing the notice, information or documents in one or more newspapers of
general circulation within the jurisdictional boundaries of the health
district. [2001 c.251 §2]
     440.405
District records open to inspection; preservation of records. (1) All the proceedings of the district
board shall be entered at large in a record book.
     (2) All books, maps, plans, documents,
correspondence, vouchers, reports and other papers and records pertaining to
the business of the health district shall be carefully preserved and shall be
open to inspection as public records. [Formerly 441.370]
     440.410
Annual audit. An annual
audit of the district shall be made by an auditor. A true and complete copy of
the auditorÂ’s report of such audit shall be filed in the office of the county
clerk of the principal county, as defined by ORS 198.705, and shall remain a
public record therein. [Formerly 441.375]
     440.420
Medicaid Upper Payment Limit Account. (1) The Medicaid Upper Payment Limit Account is established in the
State Treasury separate and distinct from the General Fund. Moneys in the
account are continuously appropriated to the Oregon Department of
Administrative Services for health-related programs.
     (2) The Department of Human Services shall
transfer to the Medicaid Upper Payment Limit Account that portion of the
payment received by the department from health districts in this state under
the Proportionate Share Incentive Adjustment State Plan Amendment to the State
Medicaid Plan and under intergovernmental agreements with the health districts
that is attributable to the federal funds portion of the total payment made by
the department to the health districts during the biennium. [2001 c.405 §1]
PORT
HOSPITALS
     440.505
Port hospitals; levy of taxes; property exempt from taxation. (1) A port may construct, maintain and
operate hospitals within its boundaries, subject to the provisions and
limitations upon indebtedness of the port imposed by law. However, after June
23, 1967, a port may not construct or acquire a hospital if any part of a
health district organized pursuant to ORS 440.315 to 440.410 lies within the
boundaries of the port.
     (2) Should any port district under
authority of subsection (1) of this section after August 20, 1957, construct,
maintain and operate a hospital or hospital facilities and levy a tax for any
indebtedness or other expense incurred therefor, all taxable property in the
port district and also within a health district then operating hospital
facilities shall be exempt from all taxes levied by a port district for such
hospital purposes. [Formerly 441.505; 2003 c.802 §115]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.