At the determination of the county commission, there may be hereby established the Baldwin County Indigent Care Board, hereinafter referred to as the board, whose composition and duties shall be as follows:

(1) The county commission may appoint a Baldwin County Indigent Care Board which shall consist of four members who are duly qualified electors of Baldwin County, but no member of such board shall be employed by any hospital. Of the members of the board first appointed under the provisions of this section, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years and one shall be appointed for a term of four years. Thereafter, their successors shall be appointed for terms of four years and may be appointed to succeed themselves as members of the board. The county commission shall appoint all members of the board. In the event the county commission does not appoint the subject board, the duties and responsibilities of the board provided for herein shall be carried out by the county commission. Members of the board shall serve without compensation, except that they may be reimbursed for all necessary and proper expenses incurred in performance of their duties.

(2) The board shall meet monthly at a public place within Baldwin County to certify accounts presented to the board by hospitals of medical care who are providing medical care to medically indigent citizens of Baldwin County and to make recommendations for payments from the board's account or accounts to such hospitals of medical care. The board shall be empowered to employ appropriate personnel with county commission approval for the purpose of maintaining the board's records and accounts or the county commission may provide such personnel for the purpose of maintaining the board's records and accounts, and the board shall be empowered to expend revenues in its account or accounts to carry out the several provisions of this subpart.

(3) Notwithstanding any other provision of this section, the board, or the county commission if no board is established, may elect to disburse all or any portion of the funds received, collected, or held pursuant to or in accordance with subdivision (5) of Section 45-2-245 as approved by the board or the county commission in accordance with the terms, conditions, criteria, or limitations adopted by the board or county commission, in its discretion. The board or county commission may disburse the funds as set forth in this section, regardless of whether or not there are any individual claims for payment pending or asserted by any individual hospital. Upon the depletion of all funds received for a given year pursuant to subdivision (5) of Section 45-2-245, the board or the county commission shall have no obligation to pay any other reimbursements pursuant to this section.