There is hereby established in Stanislaus County a commission which shall be known as the Stanislaus County community health center board ("CHCB"). The purpose of the CHCB is to act, in conjunction with the board of supervisors, as the governing board of those health care clinic operations of the county of Stanislaus ("county") which are designated as federally qualified health centers ("look alike") pursuant to 42 U.S.C. Section 1395x(aa)(3) and/or (4), and/or Section 1396(1)(2)(A) and/or (B) ("FQHCs") and further described in Policy Information Notice ("PIN") 99-09, issued April 20, 1999, by the U.S. Department of Health and Human Services, Health Resources and Services Administration ("HRSA") through its Bureau of Primary Health Care ("BPHC"), and concerning "Federally Qualified Health Center Look-Alike Entities for Public Entities," and as more particularly described in PIN 2003-21, issued August 26, 2003.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
The CHCB shall consist of eleven members initially appointed by the board of supervisors. All subsequent appointments, removals and replacements of members shall be made in accordance with subsections A and B of this section. All members of the CHCB shall be residents of Stanislaus County and lawful citizens of the United States. No member of the CHCB shall be an employee or an immediate family member of an employee of the county. No members shall have a financial interest which would constitute a conflict of interest.
A. 
User Members. Six of the members shall be individuals who are, or will be, served by the FQHCs ("user members"). The six user members shall broadly represent geographical areas served by the FQHC clinics. In making all appointments, removal and replacements of user members, the CHCB will assure that the user members, as a group, are representative of the FQHC's user population in terms of factors such as ethnicity, location of residence, race, gender, age and economic status. The appointment, removal and replacement of all six user members shall be made by the CHCB.
B. 
Nonuser Members. The remaining five members of CHCB ("nonuser members") shall consist of individuals who possess expertise in community affairs, finance and banking, legal affairs, trade unions, and other commercial and industrial concerns, or social service agencies within the community, and who are capable of providing leadership in the community. No more than two nonuser members may receive more than ten percent of their annual income from the health care industry. Two of the nonuser members shall be appointed, removed and replaced by the board of supervisors. The other three nonuser members shall be appointed, removed and replaced by the CHCB.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
After October 1, 2009, alternates for members may be appointed, subject to the requirements of members set forth in Section 9.90.020. If and for those appointed, each alternate would serve as the designee for a specific member in order to maintain the federally required composition of the community health center board. Each alternate would assume the rights and responsibilities of a member, but only in the absence of the respective designated member. Alternates shall not assume elected officer duties. The CHCB shall have the authority to appoint alternates for the members of the CHCB which are to be appointed by the CHCB, and the board of supervisors shall have the authority to appoint alternates for the members of the CHCB which are to be appointed by the board of supervisors.
(Ord. CS 1068 §1, 2009)
The term of each CHCB member shall be four years.
With respect to the appointment of the CHCB members upon the vacancy of a position or the expiration of a term of a user member, the remaining members of the CHCB shall appoint appropriate candidates for the open position with the exception of vacancies of the two member seats appointed by the board of supervisors which shall be filled by appointment by the board of supervisors. In making appointments to the nonuser seats, the CHCB will take into consideration the requirement that the user members reflect the FQHC's user mix.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
Meetings shall be held at least monthly, within the geographic area of the county. The person or persons having direct administrative responsibility for the operation of FQHCs shall attend all meetings of the CHCB.
All meetings of the CHCB, including, without limitation, regular, special, and adjourned meetings, shall be called, publicly noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
The board of supervisors shall maintain the authority to set general policy on fiscal and personnel matters pertaining to the FQHCs, policies related to financial management practices, charging and rate setting, labor relations and conditions of employment. The CHCB may not adopt any policy or practice, or take any action, which is inconsistent with or which alters the scope of any policy set by the board of supervisors on fiscal or personnel issues.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
Subject to the provisions of Section 9.90.050, the duties of the CHCB shall be as follows:
A. 
Approve the selection and dismissal of the FQHC executive director who shall have direct administrative responsibility for the operation of the Stanislaus County FQHCs;
B. 
Adopt policies identifying the services to be delivered at each Stanislaus County FQHC location and the hours during which services are to be provided;
C. 
Approve, within appropriations made available for such purposes, the budget for Stanislaus FQHCs operations, subject to approval by the board of supervisors. Such budget shall be initially prepared by the FQHC executive director who shall have direct administrative responsibility for the operation of the Stanislaus FQHCs or their delegate. All allocations, disbursements, or other commitment of public funds that are subject to the control or recommendations of the CHCB shall be made only upon duly agendized motions that are seconded and approved by a majority vote;
D. 
Develop financial priorities and strategies for major resource utilization;
E. 
Evaluate at least annually the effectiveness of the Stanislaus County FQHCs in making services available and accessible to residents of the county. Such evaluation shall include, but not be limited to, utilization patterns, productivity, efficiency of operations, patient satisfaction, and achievement of program objectives;
F. 
Develop and implement a procedure for hearing and resolving patient grievances, unless otherwise provided for by the Stanislaus County Code;
G. 
Adopt quality of care audit procedures;
H. 
Assure compliance with federal, state and local laws, ordinances and regulations;
I. 
Periodically inform the Board of Supervisors regarding the Stanislaus County FQHCs' utilization, productivity, patient satisfaction, and achievement of project objectives;
J. 
Adopt such other policies as are necessary and proper for the efficient and effective operation of the Stanislaus County FQHCs;
K. 
Evaluate the performance of the Stanislaus County FQHC executive director, who shall have direct administrative responsibility for the FQHCs, annually and share the evaluation with the board of supervisors. The evaluation may use the county's "pay for performance" evaluation system; and
L. 
Adopt bylaws for the CHCB which comply with all applicable statutes, regulations, and with the conditions of this chapter.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)
The CHCB shall be subject to the same conflict of interest rules and reporting requirements which are applicable to the board of supervisors.
(Ord. CS 960 §1, 2006; Ord. CS 983 §2, 2007; Ord. CS 1068 §1, 2009)