Sec. 33. (a) If:

(1) a county enters into a lease under this chapter, under which the lease rental is payable in whole or in part from the net revenues of the hospital of which the leased buildings are a part; and

(2) the governing board of the hospital covenants in the lease to establish and maintain rates, fees, and charges for the use of the hospital sufficient in each year to:

(A) pay the proper and reasonable expense of operation, repair, replacements, and maintenance of the hospital;

(B) pay the lease rental payable from the net revenues of the hospital; and

(C) establish the reserve fund provided for in the lease in the full amount in not less than five (5) years;

revenues collected are the revenues of the hospital. The rates, fees, and charges shall be increased as necessary to comply with this section.

(b) The authority may protect and enforce the rights granted under this chapter or under the lease and may enforce and compel performance of all duties required by this chapter or the lease to be performed by:

(1) the county executing the lease;

(2) the county executive;

(3) the governing board; or

(4) an officer of the county;

including setting and collecting reasonable and sufficient rates, fees, and charges for the use of the hospital.

(c) If there is a failure to pay lease rental payable solely from the net revenues of the hospital on the payment date, a court having jurisdiction of the action may appoint a receiver to administer the hospital on behalf of the county and the authority.

(d) The receiver may charge and collect rates sufficient to do the following:

(1) Pay the proper and reasonable expense of operation, repair, replacements, and maintenance of the hospital.

(2) Pay the lease rental payable from the net revenues of the hospital.

(3) Establish the full amount of the reserve fund provided for in the lease in not less than five (5) years.

[Pre-1993 Recodification Citation: 16-12-20-21.]

As added by P.L.2-1993, SEC.5.