Idaho Code
Idaho Code § 31-3508 (2026)
Conveyance, lease of county hospital to nonprofit corporation.
✓ current as of May 2026
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Conveyance, lease of county hospital to nonprofit corporation.
(1) As an alternative to the procedure set forth in section 31-3507, Idaho Code, counties acting through their respective county commissioners may convey or lease county hospitals, and the equipment therein, subject to the following conditions:
(a) The entity to which the hospital is to be transferred shall be a nonprofit corporation;
(b) No lease term shall exceed ninety-nine (99) years. This subsection supersedes that part of section 31-836, Idaho Code, which is inconsistent herewith;
(c) The governing body of the nonprofit corporation must be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation must provide for a membership of the corporation which is:
(i) Broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county; or
(ii) A single nonprofit corporate member having articles of incorporation which provide for a membership of that corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county.
The articles must further provide for the selection of the governing body by the membership of the corporation, or exclusively by a parent corporation which is the corporate member, with voting power, and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles must further provide that no member of the governing body shall serve more than two (2) consecutive three (3) year terms.
(d) The nonprofit corporation must provide care for indigent patients, and receive any person falling sick or maimed within the county.
(e) The transfer agreement must provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests or maintenance of records pertaining to the existing public hospital.
(f) The transfer or lease agreement shall provide for a transfer or lease price which shall be either of the following:
(i) The acceptance of all assets and assumption of all liabilities; or
(ii) Such other price as the commissioners and the nonprofit corporation may agree.
(2) If any hospital which has been conveyed pursuant to this section ceases to be used as a nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another nonprofit hospital for the county, the hospital so conveyed reverts to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit hospital, the lease shall terminate.
Notes of Decisions
Cited in 14
cases, 1980–2010 · leading case: Carpenter v. Twin Falls Cnty., 691 P.2d 1190 (Idaho 1984).
Carpenter v. Twin Falls Cnty., 691 P.2d 1190 (Idaho 1984). “" I.C. § 31-3508 refers to a bill "submitted for payment pursuant to section 31-3405, Idaho Code," but I.”
IHC Hospitals, Inc. v. Bd. of Commissioners, 697 P.2d 1150 (Idaho 1985). “Counsel for the county, by correspondence dated March 8, 1983, indicated that it was anticipated that the hospital would request an administrative review of the denial of the Gardoski claim, and that the commissioners felt the claim, or parts of it, did not reflect "regular…”
Braun v. Ada Cnty., 643 P.2d 1071 (Idaho 1982). “) I.C. § 31-3508, which governs the amount of aid to be provided by the county, states that the amount of the bill is to be reduced by "any amounts which have been received under any other federal or state law.”
BHC Intermountain Hosp., Inc. v. Ada Cnty., 244 P.3d 237 (Idaho 2010). “Ada County contends that the reference to chapter 35, title 31 also governs the rate at which the costs associated with the commitment proceedings are to be paid by a county.”
Idaho Falls Consol. Hospitals, Inc. v. Bingham Cnty. Bd., 642 P.2d 553 (Idaho 1982). “Furthermore, the counties are re *842 sponsible for only regular hospital charges and hospitals must make all reasonable efforts to determine the liability for the account before attempting to collect from the county, I.C. § 31-3508 and I.C. § 31-3509. Also, upon payment of…”
Intermountain Health Care, Inc. v. Bd. of Cnty. Commissioners, 707 P.2d 410 (Idaho 1985). “I.C. § 31-3508 provides that a hospital bill must show total hospital charges less any amounts which have been received under any federal or state law.”
Intermountain Health Care, Inc. v. Bd. of Cnty. Commissioners of Blaine Cnty., 688 P.2d 260 (Idaho Ct. App. 1984). “” The present version of I.C. § 31-3508 provides, as it has since 1974 when it was first enacted, that “[t]he bill submitted for payment pursuant to section 31-3405, Idaho Code, shall show the total hospital charges less any amounts which have been received under any other…”
Univ. of Utah Hosp. & Med. Ctr. v. Bethke, 611 P.2d 1030 (Idaho 1980). “Under I.C. § 31-3508, the county responsible for payment was required to pay “regular hospital charges for hospitalization of a medically indigent person to the hospital rendering such services.”
Univ. of Utah Hosp. v. Ada Cnty., 729 P.2d 1086 (Idaho Ct. App. 1986). “Judgment shall be entered by the district court for the amount to which the appellant hospital is legally entitled under I.C. § 31-3508. Costs to appellants. No attorney fees.”
Intermountain Health v. Bd. of Cty. Com'rs, 688 P.2d 260 (Idaho Ct. App. 1984). “" The present version of I.C. § 31-3508 provides, as it has since 1974 when it was first enacted, that "[t]he bill submitted for payment pursuant to section 31-3405, Idaho Code, shall show the total hospital charges less any amounts which have been received under any other…”
Hardcastle v. Bd. of Commissioners, 719 P.2d 1216 (Idaho Ct. App. 1986). “Idaho Code § 31-3508 provides as follows: 31-3508.”
Johnson v. Stapelman (In Re Johnson), 386 B.R. 272 (Bankr. D. Idaho 2008). “Idaho Code §§ 31-3508 , 31-3505B. If approved, and the county determines that the applicant is able to pay a portion of the financial assistance received over a reasonable period of time, then the applicant is obligated to reimburse the county.”
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