The purpose of this Article is to establish a special county health authority as authorized by section 14087.38 of the Welfare and Institutions Code in order to meet the problems of delivery of publicly assisted medical care in the county and to demonstrate ways of promoting quality and cost efficiency in the delivery of health care. The Board of Supervisors may convert the special health authority established by this Article to the special commission authorized by section 14087.31 of the Welfare and Institutions Code when that section takes effect on January 1, 1995 by adoption of a resolution to that effect at any time subsequent to January 1, 1995.
The Board of Supervisors does hereby establish a special county health authority (hereinafter referred to as the "commission") to negotiate and enter into a contract with the California Department of Health Services as authorized by section 14087.3 of the Welfare and Institutions Code, and to arrange for the provision of health care services provided pursuant to Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.
The name of the commission shall be "MediCo Community Health Services Commission."
The authorized number of members of the commission shall be eleven (11), who shall either be legal residents of the County of Tulare, or persons who have a primary place of employment or business located in the County of Tulare. Three (3) members must be elected or appointed officers or employees of the County of Tulare, at least two (2) of whom are members of the Tulare County Board of Supervisors; three (3) members must be persons selected at large who are not representing any health care interest, at least one of whom is a Medi-Cal recipient, or parent/guardian/representative of a Medi-Cal recipient, and one of whom represents the business community; and, five (5) members must be representatives of providers of health care services in Tulare County, including: two (2) physicians, two (2) hospital administrators, and, one (1) representative from a qualified community based clinic or organization which (a) provides Medi-Cal services, (b) is licensed or certified by the State, and (c) is free-standing (not hospital affiliated). The Board of Supervisors shall appoint those individuals who are members of the board of directors of MediCo Community Health Services, Inc., a California nonprofit public benefit corporation, as members of the commission to serve as representatives of the constituencies for which they were first appointed to the board of directors of that corporation by the Board of Supervisors. The Board of Supervisors shall thereafter appoint all members of the commission, as follows: The members who are required to be officers or employees of the County of Tulare shall be appointed from its own nominations; The members who are required to be selected at large shall be appointed from a list of seven (7) qualified nominees submitted by the commission itself, and the nominees shall include the names of at least three (3) Medi-Cal recipients, or parents/guardians/representatives of a Medi-Cal recipient members who are required to be physicians shall be appointed from a list of qualified nominees to which each hospital located in Tulare County shall have the right to nominate one (1) physician from its active staff. The members who are required to be hospital administrators shall be appointed from a list of qualified nominees to which each hospital located in Tulare County shall have the right to nominate one (1) hospital administrator, assistant or associate administrator, or member of its own governing board. The member who is required to be a representative from a community based clinic or organization providing Medi-Cal services shall be appointed from a list of no more than three (3) qualified nominees to be submitted jointly by the qualified clinics and organizations providing Medi-Cal services in Tulare County.
Except as otherwise provided for the initial terms below, each member shall serve for three (3) years, and until a successor has been appointed by the Board of Supervisors. At the conclusion of a term, a member may be reappointed to an additional term, except that no member may serve on the commission for more than three (3) consecutive terms. In order to establish initial terms that have staggered expiration dates, and to provide continuity of service, the Board of Supervisors shall first by resolution appoint members to serve in classes with initial terms designated as follows: Class A: three (3) members to serve until December 1, 1996; Class B: four (4) members to serve until December 1, 1997; and, Class C: four (4) members to serve until December 1, 1998.
The occurrence of any of the events specified in section 1770 of the Government Code shall cause a vacancy in the office of a member of the commission. If a member ceases to have the qualifications for his or her position on the commission as prescribed by this Article, the Board of Supervisors may by resolution remove that member from office and declare his or her position vacant. Upon recommendation of the commission, the Board of Supervisors may remove a member from office without cause.
The officers of the commission shall be a Chairman, a Vice-Chairman, a Secretary, and a Treasurer. The commission may also have, at the commission's discretion, one or more assistant secretaries, one or more assistant treasurers, and such other officers as the commission shall determine it requires. The Board of Supervisors shall appoint those individuals who are officers of MediCo Community Health Services, Inc. to the same offices in the commission.
The commission shall hold regular meetings at least once each month at a time and place determined by the members, and such additional meetings as the members determine to be necessary. The Board of Supervisors shall adopt as bylaws governing the transaction of business and the other affairs of the commission those bylaws now existing for MediCo Community Health Services, Inc.
The members of the commission shall serve without compensation, except that they may receive such reimbursement of expenses as the commission may determine by resolution to be just and reasonable.
The commission shall perform the following duties:
(1)
The commission shall exercise all rights, powers, duties, privileges, and immunities vested in a county contracting with the Department of Health Services pursuant to section 14087.3 of the Welfare and Institutions Code.
(2)
The commission may also enter into contracts for the provision of health care services to individuals, including, but not limited to, those covered under Subchapter XVIII (commencing with section 1395) of Chapter 7 of Title 42 of the United States Code, those entitled to coverage under other publicly supported programs, those employed by public agencies or private businesses, and uninsured or indigent persons.
(3)
Prior to commencement of operations, the commission shall be licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2, commencing with section 1340, of Division 2 of the Health and Safety Code).
(4)
The commission shall assume any and all rights and obligations, and assume any and all debts and liabilities of, MediCo Community Health Services, Inc., a California nonprofit public benefit corporation previously established by the Board of Supervisors to develop and manage a local health initiative to provide managed health care services for MediCo recipients.
The commission has been established by the Board of Supervisors, and shall terminate whenever the Board of Supervisors shall determine that the commission is no longer functioning for the purposes for which it was established.