Kansas Attorney General Opinion 2016-014

September 8, 2016
ATTORNEY GENERAL OPINION NO. 2016-14
Gary Thompson
Linn County Counselor
108 S. Fifth Street
P. O. Box 184
Mound City, KS 66056
Re: 	Townships and Township Officers—Hospitals and Health Care Facilities—
Hospital 	Districts 	in 	Adjoining 	Political 	Subdivisions; 	Procedure 	to
Establish
Townships and Township Officers—Hospitals and Health Care Facilities—
Health Care Facilities and Services Hospital Districts
Synopsis: 	The board for a health care facilities and services hospital district is only
authorized to construct a home for the aged that is located within the
boundaries of the health care facilities and services hospital district. Cited
herein K.S.A. 19-2106; 80-2501; 80-2503; 80-2550; 80-2552; and 80-
2553.
* 	* 	*
Dear Mr. Thompson:
As the County Counselor for Linn County, you have asked our office for an opinion on
whether a health care facilities and services hospital district organized under K.S.A. 80-
2550 et seq. has the authority to construct an assisted living facility that would be
located outside of its boundaries. You advise that the health care facilities and services
hospital district is comprised of two townships in Linn County and part of a township in
Bourbon County. This district currently includes a long-term, critical care facility located

Gary Thompson
Page 2
within its boundaries. 	The board1 has decided it would like to construct an assisted
living facility that would be located outside the boundaries of the health care facilities
and services hospital district.
K.S.A. 80-2550(c) defines "health care facilities and services" as "any clinic, long-term
care facility, home for the aged, outpatient services, in-home health services, child-care
services, respite care services, adult day care services, dietary services, alcohol and
drug abuse services and emergency medical or ambulance services." 	You state that
the board believes the proposed assisted living center qualifies as a "home for the
aged," which is not defined in K.S.A. 80-2550 et seq. 2 For purposes of this opinion, we
assume without deciding that the proposed 	assisted living center falls within the
statutory definition of "health care facilities and services."
In determining the board’s authority, we look to the intent of the Legislature as
expressed in statutory language. 3 	We begin our analysis with the statutory definition of
a health care facilities and services hospital district.
[A] 	health 	care 	facilities 	and 	services 	hospital 	district 	means
hospital district, city hospital or county hospital:
(1) 	Which was established under the laws of this state in effect
at the time established as a hospital district, city hospital or county
hospital;
(2) 	in which no hospital is being operated and maintained or in
which the operation of a hospital has been terminated; and
(3) 	in 	which 	health 	care 	facilities 	and 	services 	are 	being
operated and maintained. 4
A health care facilities and services hospital district is subject to the following provision.
"Any health care facilities and services hospital district shall be deemed a
hospital to the same extent as though the same were a hospital which is
being operated and maintained as a hospital and shall be controlled,
financed, operated, managed and maintained as provided by the general
law relating to such hospital immediately prior to the time the hospital
1 "'Board' means a board which is vested with the management and control of a health care facilities and
services hospital district." K.S.A. 80-2550(a).
2 However, we note that "homes for the aged" is defined in K.S.A. 19-2106.
3 Stanley v. Sullivan, 300 Kan. 1015, 1017 (2014) ("This court deems the language of a statute to be the
primary consideration in ascertaining the intent of the legislature because the best and only safe rule for
determining the intent of the creators of a written law is to abide by the language that they have chosen to
use.").
4 K.S.A. 80-2550(b).

Gary Thompson
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became a health care facilities and services hospital district, and shall be
subject to the limitations and restrictions provided by such general law." 5
Additionally, a health care facilities and services hospital district is subject to the laws
governing hospital districts in which a hospital is being operated and maintained; the
laws governing health care facilities and services hospital districts are not intended to
modify or repeal any provision of the laws governing hospital districts. 6 Thus, we look to
the laws governing hospital districts, K.S.A. 80-2501 et seq., to answer your question.
K.S.A. 80-2503 states:
(a) Any two or more adjoining political subdivisions are hereby authorized
to join in the establishment of a hospital district and in the acquisition,
construction or reconstruction, improvement, enlargement, remodeling or
repairing of a hospital within such hospital district and in the operation and
maintenance of any such hospital.7
Based upon the above italicized language in K.S.A. 80-2503(a), we conclude that the
board for a health care facilities and services hospital district is only authorized to
construct a home for the aged that is located within the boundaries of the health care
facilities and services hospital district.
Sincerely,
Derek Schmidt
Attorney General
Janet L. Arndt
Assistant Attorney General
DS:AA:JLA:sb
5 K.S.A. 80-2552.
6 K.S.A. 80-2553.
7 Emphasis added.