TOPIC IV
CHANGE AND PHD LAW - SERVICE
DIVERSIFICATION, GEOGRAPHIC EXPANSION,
AND COLLABORATIVE ACTIVITIES

A. TOPIC OUTLINE

B. TOPIC SUMMARY

C. CHANGING THE BREADTH OF SERVICES OFFERED

D. CHANGING THE GEOGRAPHICAL SCOPE OF SERVICES

• Section Summary
• A Threshold Matter: To Whom May/Must Services Be Offered?
• Intraterritorial Service Expansion
• Extraterritorial Service Expansion
  • Extraterritorial Operations Not Within The Boundaries Of Another District
  • Extraterritorial Operations Within The Boundaries Of Another District
  • Limitations On The Means By Which Extraterritorial Operations May Be Pursued
  • Pursuing Extraterritorial Operations By Contract
  • Pursuing Extraterritorial Operations Non-contractually: Where Deemed Expedient Or Necessary
  • "Expedient Or Necessary . . . Under The Circumstances" Defined
  • "Invading" Another District's Boundaries When Pursuing Extraterritorial Operations

E. CHANGING THE MEANS BY WHICH SERVICES ARE OFFERED: COOPERATIVE AND COLLABORATIVE ACTIVITIES

• Section Summary
• Necessity And Desirability Of Cooperation And Collaboration
• Starting Points
  • Potential Services
  • Potential Participants
  • Potential Limitations On Organizational Structures
    • Difficulty Of Eliminating Governmental Status
    • State Constitutional Restrictions
      • Gifts Of Public Funds
      • Loaning Of Money Or Credit
      • Exception For The Support Of The Poor Or Infirm
      • Stock In Corporations
    • Due Process And Equal Protection
    • PHD Control Over District Functions
    • Conflict Of Interests
    • State Statutory Requirements Of Local Governments
    • Oversight By Public Officials
    • Conclusion
• Legal Structures For Public/Private Partnerships
  • Contractual Arrangements
  • Dual Ownership Arrangements
    • Corporations
      • Membership
    • Partnerships
  • Mergers
    • PHD As Employer And/Or Owner
    • Lease Of Facilities To Private Party
    • Tightly Structured Dual Ownership
  • Conclusion
• Legal Structures For Public/Public Partnerships
  • Arrangements Under The Interlocal Cooperation Act
    • Purpose Of The Interlocal Cooperation Act
    • Parties Eligible To Contract
    • Powers That May Be Exercised Jointly
    • Contracts For Services
    • Legal Structures Authorized Under The Act
    • Issues That Must Be Addressed By The Agreement
    • Financing The Arrangement
    • Procedural Requirements
    • The Act And Antitrust
  • Hospital District Consolidation

F. CONCLUSION