Bill Text: IA SF2216 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to public hospitals by allowing a hospital board to hold closed sessions for strategic planning and by allowing a city to reduce terms for trustees for city hospitals or health care facilities.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2014-02-17 - Introduced, referred to State Government. S.J. 269. [SF2216 Detail]
Download: Iowa-2013-SF2216-Introduced.html
Senate
File
2216
-
Introduced
SENATE
FILE
2216
BY
JOHNSON
A
BILL
FOR
An
Act
relating
to
public
hospitals
by
allowing
a
hospital
1
board
to
hold
closed
sessions
for
strategic
planning
and
2
by
allowing
a
city
to
reduce
terms
for
trustees
for
city
3
hospitals
or
health
care
facilities.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
21.5,
subsection
1,
paragraph
l,
Code
1
2014,
is
amended
to
read
as
follows:
2
l.
To
discuss
patient
care
quality
and
process
improvement
3
initiatives
in
a
meeting
of
a
public
hospital
or
to
discuss
4
strategic
planning,
marketing
and
pricing
strategies
,
or
5
similar
proprietary
information
in
a
meeting
of
a
public
6
hospital,
where
public
disclosure
of
such
information
would
7
harm
such
a
hospital’s
competitive
position
when
no
public
8
purpose
would
be
served
by
public
disclosure.
The
minutes
and
9
the
audio
recording
of
a
closed
session
under
this
paragraph
10
shall
be
available
for
public
inspection
when
the
public
11
disclosure
would
no
longer
harm
the
hospital’s
competitive
12
position.
For
purposes
of
this
paragraph,
“public
hospital”
13
means
a
hospital
licensed
pursuant
to
chapter
135B
and
governed
14
pursuant
to
chapter
145A
,
226
,
347
,
347A
,
or
392
.
This
15
paragraph
does
not
apply
to
the
information
required
to
be
16
disclosed
pursuant
to
section
347.13,
subsection
11
,
or
to
any
17
discussions
relating
to
terms
or
conditions
of
employment,
18
including
but
not
limited
to
compensation
of
an
officer
or
19
employee
or
group
of
officers
or
employees.
20
Sec.
2.
Section
392.6,
subsections
1
and
2,
Code
2014,
are
21
amended
to
read
as
follows:
22
1.
If
a
hospital
or
health
care
facility
is
established
by
a
23
city,
the
city
shall
by
ordinance
provide
for
the
election,
at
24
a
special
election
held
pursuant
to
section
39.2,
subsection
4
,
25
paragraph
“b”
,
of
three
trustees,
whose
terms
of
office
shall
be
26
four
years
,
unless
otherwise
provided
pursuant
to
subsection
27
2A
.
However,
at
the
first
election,
three
shall
be
elected
and
28
hold
their
office,
one
for
four
years
and
two
for
two
years,
29
and
they
shall
by
lot
determine
their
respective
terms
,
unless
30
otherwise
provided
pursuant
to
subsection
2A
.
A
candidate
for
31
hospital
or
health
care
facility
trustee
must
be
a
resident
of
32
the
hospital
or
health
care
facility
service
area
within
the
33
boundaries
of
the
state
at
the
time
of
the
election
at
which
34
the
person’s
name
appears
on
the
ballot.
A
board
of
trustees
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elected
pursuant
to
this
section
shall
serve
as
the
sole
and
1
only
board
of
trustees
for
any
and
all
institutions
established
2
by
a
city
as
provided
for
in
this
section
.
3
2.
The
administration
and
management
of
an
institution
as
4
provided
for
in
this
section
is
vested
in
a
board
of
trustees
5
consisting
of
three,
five,
or
seven
members.
A
three-member
6
board
may
be
expanded
to
a
five-member
board,
and
a
five-member
7
board
may
be
expanded
to
a
seven-member
board.
Expansion
of
8
the
membership
of
the
board
shall
occur
only
on
approval
of
9
a
majority
of
the
current
board
of
trustees.
The
additional
10
members
shall
be
appointed
by
the
current
board
of
trustees.
11
One
appointee
shall
serve
until
the
next
succeeding
general
12
or
regular
city
election,
at
which
time
a
successor
shall
be
13
elected,
and
the
other
appointee
shall
serve
until
the
second
14
succeeding
general
or
regular
city
election,
at
which
time
15
a
successor
shall
be
elected.
The
determination
of
which
16
election
an
appointed
additional
member
shall
be
required
to
17
seek
election
shall
be
determined
by
lot.
Thereafter,
the
18
terms
of
office
of
such
additional
members
shall
be
four
years
,
19
unless
otherwise
provided
pursuant
to
subsection
2A
.
20
Sec.
3.
Section
392.6,
Code
2014,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
2A.
a.
A
city
may
by
ordinance
provide
for
23
the
initial
election,
at
a
special
election
held
pursuant
to
24
section
39.2,
subsection
4,
paragraph
“b”
,
of
three
trustees,
25
whose
terms
of
office
shall
be
three
years.
However,
at
the
26
first
election,
three
shall
be
elected
and
hold
their
office,
27
one
shall
serve
until
the
next
succeeding
general
or
regular
28
city
election,
one
shall
serve
until
the
second
succeeding
29
general
or
regular
city
election,
and
one
shall
serve
until
the
30
third
succeeding
general
or
regular
city
election,
and
they
31
shall
by
lot
determine
their
respective
terms.
32
b.
(1)
A
city
may
by
ordinance
reduce
the
length
of
terms
33
of
all
trustees
of
an
existing
three-member
board
of
trustees
34
from
four-year
terms
to
three-year
terms,
provided
that
the
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ordinance
specifies
the
following:
1
(a)
That
the
trustee
who
has
served
the
greatest
number
of
2
days
of
a
four-year
term
shall
serve
until
the
next
succeeding
3
general
or
regular
city
election.
4
(b)
That
the
trustee
elected
who
has
served
the
fewest
5
number
of
days
of
a
four-year
term
shall
serve
until
the
third
6
succeeding
general
or
regular
city
election.
7
(c)
If
two
trustees
have
served
the
same
number
of
days,
8
that
the
determination
of
which
trustee
shall
be
required
to
9
seek
election
at
the
second
succeeding
general
or
regular
city
10
election
shall
be
determined
by
lot.
11
(d)
That
not
more
than
one
trustee
office
shall
appear
on
12
the
ballot
at
a
general
or
regular
city
election.
13
(2)
A
city
may
by
ordinance
reduce
the
length
of
terms
14
of
all
trustees
of
an
existing
five-member
board
of
trustees
15
from
four-year
terms
to
three-year
terms,
provided
that
the
16
ordinance
specifies
the
following:
17
(a)
That
the
two
trustees
who
have
served
the
greatest
18
number
of
days
of
a
four-year
term
shall
serve
until
the
next
19
succeeding
general
or
regular
city
election.
20
(b)
That
the
two
trustees
who
have
served
the
fewest
21
number
of
days
of
a
four-year
term
shall
serve
until
the
third
22
succeeding
general
or
regular
city
election.
23
(c)
If
three
trustees
have
served
the
same
number
of
days,
24
that
the
determination
of
which
trustee
shall
be
required
to
25
seek
election
at
the
second
succeeding
general
or
regular
city
26
election
shall
be
determined
by
lot.
27
(d)
That
not
more
than
two
trustee
offices
shall
appear
on
28
the
ballot
at
a
general
or
regular
city
election.
29
(3)
A
city
may
by
ordinance
reduce
the
length
of
terms
of
30
all
trustees
of
an
existing
seven-member
board
of
trustees
31
from
four-year
terms
to
three-year
terms,
provided
that
the
32
ordinance
specifies
the
following:
33
(a)
That
the
three
trustees
who
have
served
the
greatest
34
number
of
days
of
a
four-year
term
shall
serve
until
the
next
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succeeding
general
or
regular
city
election.
1
(b)
That
the
two
trustees
who
have
served
the
fewest
2
number
of
days
of
a
four-year
term
shall
serve
until
the
third
3
succeeding
general
or
regular
city
election.
4
(c)
That
the
determination
of
which
two
trustees
shall
be
5
required
to
seek
election
at
the
second
succeeding
general
or
6
regular
city
election
shall
be
determined
by
lot,
provided
7
that
if
there
are
four
trustees
that
have
all
served
the
same
8
greatest
number
of
days,
that
no
more
than
one
trustee
of
that
9
group
be
selected
by
lot
and
be
required
to
seek
election
at
10
the
second
succeeding
general
or
regular
city
election.
11
(d)
That
not
more
than
three
trustee
offices
shall
appear
on
12
the
ballot
at
a
general
or
regular
city
election.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
boards
of
trustees
for
city
hospitals
or
17
health
care
facilities.
18
Under
current
law,
a
governmental
body
may
hold
a
closed
19
session
for
certain
reasons,
and
members
of
the
public
may
be
20
denied
access
to
the
session.
Current
law
provides
that
one
21
such
reason
is
to
discuss
patient
care
quality
and
process
22
improvement
initiatives
in
a
meeting
of
a
public
hospital
or
to
23
discuss
marketing
and
pricing
strategies
or
similar
proprietary
24
information
in
a
meeting
of
a
public
hospital,
where
public
25
disclosure
of
such
information
would
harm
such
a
hospital’s
26
competitive
position
when
no
public
purpose
would
be
served
by
27
public
disclosure.
The
bill
provides
that
such
a
hospital
may
28
also
hold
a
closed
session
to
discuss
strategic
planning.
By
29
operation
of
current
law,
the
minutes
and
the
audio
recording
30
of
a
closed
session
to
discuss
strategic
planning
shall
be
31
available
for
public
inspection
when
the
public
disclosure
32
would
no
longer
harm
the
hospital’s
competitive
position.
33
Under
current
law,
a
city
council
may
adopt
an
ordinance
34
to
provide
for
the
election
of
an
initial
three-member
board
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of
trustees
for
a
city
hospital
or
health
care
facility
to
1
serve
four-year
terms.
The
bill
provides
that
a
city
council
2
may
also
adopt
an
ordinance
to
provide
for
the
election
of
an
3
initial
three-member
board
of
trustees
for
a
city
hospital
4
or
health
care
facility
to
serve
three-year
terms.
The
bill
5
further
provides
that
a
city
may
adopt
an
ordinance
to
reduce
6
the
terms
of
trustees
from
four
to
three
years
for
an
existing
7
board
of
trustees
with
three,
five,
or
seven
members.
The
bill
8
requires
that
such
an
ordinance
include
specific
provisions
9
for
the
reduction
of
terms
of
current
trustees
and
specific
10
provisions
for
the
subsequent
election
of
trustees.
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