§ 135-44.2. Executive Administrator. - North Carolina Statutes

§ 135‑44.2.  ExecutiveAdministrator.

(a)        The Plan shall havean Executive Administrator and a Deputy Executive Administrator. The ExecutiveAdministrator and the Deputy Executive Administrator positions are exempt fromthe provisions of Chapter 126 of the General Statutes as provided in G.S. 126‑5(c1).

(b)        The ExecutiveAdministrator shall be appointed by the State Health Plan AdministrativeCommission. The term of employment and salary of the Executive Administratorshall be set by the State Health Plan Administrative Commission upon the adviceof an executive committee of the Committee on Employee Hospital and MedicalBenefits.

The Executive Administratormay be removed from office by the State Health Plan Administrative Commission,upon the advice of an executive committee of the Committee on Employee Hospitaland Medical Benefits, and any vacancy in the office of Executive Administratormay be filled by the State Health Plan Administrative Commission with the termof employment and salary set upon the advice of an executive committee of theCommittee on Employee Hospital and Medical Benefits.

(c)        The ExecutiveAdministrator shall appoint the Deputy Executive Administrator and may employsuch clerical and professional staff, and such other assistance as may benecessary to assist the Executive Administrator and the Board of Trustees incarrying out their duties and responsibilities under this Article. TheExecutive Administrator may designate managerial, professional, or policy‑makingpositions as exempt from the State Personnel Act. The Executive Administratormay also negotiate, renegotiate and execute contracts with third parties in theperformance of the Executive Administrator's duties and responsibilities underthis Article; provided any contract negotiations, renegotiations and executionwith a Claims Processor, with an optional alternative comprehensive healthbenefit plan, or program thereunder, authorized under G.S. 135‑45, with apreferred provider of institutional or professional hospital and medical care,or with a pharmacy benefit manager shall be done only after consultation withthe Committee on Employee Hospital and Medical Benefits.

(d)        The ExecutiveAdministrator shall be responsible for:

(1)        Cost managementprograms;

(2)        Education and illnessprevention programs;

(3)        Training programsfor Health Benefit Representatives;

(4)        Membershipfunctions;

(5)        Long‑rangeplanning;

(6)        Provider andparticipant relations; and

(7)        Communications.

Managed care practices used bythe Executive Administrator in cost management programs are subject to therequirements of G.S. 58‑3‑191, 58‑3‑221, 58‑3‑223,58‑3‑235, 58‑3‑240, 58‑3‑245, 58‑3‑250,58‑3‑265, 58‑67‑88, and 58‑50‑30.

(e)        The ExecutiveAdministrator shall make reports and recommendations on the Plan to thePresident of the Senate, the Speaker of the House of Representatives and theCommittee on Employee Hospital and Medical Benefits.  (1985, c. 732, s. 10; 1985(Reg. Sess., 1986), c. 1020, s. 20; 1987, c. 857, s. 5; 1991, c. 427, s. 2;2000‑141, s. 2; 2001‑446, s. 6; 2004‑124, s. 31.27(a); 2005‑276,ss. 29.33(c), 29.34(a); 2007‑323, s. 28.22A(l); 2008‑168, ss. 1(a),2(a), (h), 2.2.)