Kansas Attorney General Opinion 2017-12: Addressing county hospital’s debt upon termination of county hospital

Synopsis: K.S.A. 19-4625 does not specifically address how a county hospital’s debt should be paid upon termination of operation of the county hospital. It only provides that moneys remaining in any fund of the county hospital after termination of its operation and after payment and performance of any obligation thereof shall be transferred to the county general fund. || A hospital board trustee who has a substantial interest in a business that contracts with the hospital does not violate K.S.A. 75-4304 if the hospital board trustee has disclosed the substantial interest and abstained from any action on the contract. Also, K.S.A. 75-4304(d) allows a hospital board trustee/owner to make or participate in the making of a contract that is subject to the competitive bidding process and a contract for which the price or rate is fixed by law. Cited herein: K.S.A. 19-4625; 19-4626; 75-4301a; 75-4304; and 75-4305.

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