48-2209. Powers of health service district

A. In addition to the powers specifically granted, a health service district may, acting through its board of directors:

1. Sue and be sued in all courts and places and in all actions and proceedings whatever.

2. Construct, establish, maintain and operate an ambulance service, a medical clinic or clinics, or combined medical clinic and ambulance service in order to provide ambulance service, ambulatory care or other nonhospital-based medical services.

3. Acquire in the name of the district any real or personal property or interest therein by gift, purchase, or otherwise, and own, control, manage or dispose of such property or interest when necessary or convenient for the purposes stated in paragraph 2. Private funds or contributions received by a health service district for the purpose of defraying expenses of work done or services rendered under its direction may be expended by the district in compliance with the terms and conditions under which such funds are received, if the terms and conditions meet the approval of the board of directors of the district and are within the scope of the statutory powers and duties of the district.

4. Sell, lease or otherwise dispose of any property of the district or interest therein if such property is no longer required for the purposes of the district or if use of it may be permitted without interfering with the use to which it is put by the district.

5. Pay expenses incidental to the exercise of its powers.

6. Employ physicians, physician assistants, professional nurses, counsel and other persons as are necessary in the exercise of its powers.

7. Formulate and adopt rules and regulations governing service charges and other allocable costs to residents and nonresidents of the district for services and supplies rendered or used in treating such persons pursuant to paragraph 2 to defray the operating costs of the district.

8. Prepare a survey and report of the ambulance service, ambulatory care and other nonhospital-based medical services as they exist in the district and formulate a proposal to facilitate the delivery of services described in paragraph 2.

9. Contract for the purposes of providing the services or facilities described in paragraph 2.

B. As a condition for operating an ambulance service or combined medical clinic and ambulance service, the district shall apply for, obtain, maintain and comply with the terms and conditions of all required licenses and certificates of necessity under title 36, chapter 21.1. If an area is annexed to or deleted from or withdraws from the district, the board shall immediately notify the department of health services and shall comply with all applicable statutes and rules regarding those changes.

C. The board shall establish a schedule of authorized fees for any ambulance services provided by the district that, together with other sources of revenue, will pay for the costs of establishing, providing, maintaining and operating the respective services. These fees shall be submitted to the department of health services pursuant to section 36-2239 and shall be approved by the department before their implementation.

D. A district may operate an ambulance service only if there is no private ambulance company certificated pursuant to title 36, chapter 21.1 that is willing to provide ambulance services and there is not a private ambulance company that is willing to become certificated by the department of health services pursuant to title 36, chapter 21.1.