68-11-1604 - Health services and development agency Creation Composition Appointments Terms Compensation Officers Meetings Conflict of interest. - Tennessee Statutes

68-11-1604. Health services and development agency Creation Composition Appointments Terms Compensation Officers Meetings Conflict of interest.

(a)  There is created a health services and development agency that has jurisdiction and powers relating to the certification of need and related reporting of all health care institutions, as defined by and subject to this chapter.

(b)  (1)  The agency shall have ten (10) members, including:

          (A)  The comptroller of the treasury, or an employee of such department upon the designation of the comptroller of the treasury;

          (B)  The state director of TennCare or its successor, or an employee of such department upon the designation of the director;

          (C)  The commissioner of commerce and insurance, or an employee of such department upon the designation of the commissioner;

          (D)  One (1) consumer member appointed by the speaker of the senate;

          (E)  One (1) consumer member appointed by the speaker of the house of representatives; and

          (F)  Five (5) members appointed by the governor that include:

                (i)  One (1) person who has recent experience as an executive officer of a hospital or hospital system from a list of three (3) nominees submitted by the Tennessee Hospital Association;

                (ii)  One (1) representative of the nursing home industry from a list of three (3) nominees submitted by the Tennessee Health Care Association;

                (iii)  One (1) duly licensed physician from a list of three (3) nominees submitted by the Tennessee Medical Association;

                (iv)  One (1) representative of the home care industry from a list of three (3) nominees submitted by the Tennessee Association for Home Care. The initial term for the home care industry representative shall be two (2) years. Upon the expiration of that term, the home care industry representative shall be appointed for a three-year term pursuant to subsection (c); and

                (v)  One (1) consumer member.

     (2)  In making appointments to the health services and development agency, the governor and the speakers shall strive to ensure that racial minorities, females, persons sixty (60) years of age and older and the three (3) grand divisions of the state are represented.

     (3)  The consumer members shall be persons who are knowledgeable of health needs and services and who are further knowledgeable by training or experience in health care facility design or construction, financing of health care services or construction, reimbursement of health care services, or general health care economics. The consumer members shall not be a direct provider of health care goods or services.

(c)  (1)  No member of the agency shall serve beyond the expiration of such member's term, whether or not a successor has been appointed by the governor or the speakers.

     (2)  Except for the comptroller of the treasury, the commissioner of commerce and insurance, and the director of TennCare, or their respective designees, agency members shall be appointed for three-year terms and no member shall serve more than two (2) consecutive three-year terms. The terms of the members are staggered on the following schedule:

          (A)  The terms of the nursing home representative, hospital representative, and the consumer member appointment by the speaker of the house of representatives are due to expire in calendar year 2004 and those appointments shall be made in that year and each third year thereafter;

          (B)  The terms of the physician member and the consumer member appointed by the governor are due to expire in calendar year 2005 and those appointments shall be made in that year and each third year thereafter; and

          (C)  The terms of the home care industry representative and the consumer member appointed by the speaker of the senate are due to expire in calendar year 2006 and those appointments shall be made in that year and each third year thereafter.

     (3)  If any member is absent from three (3) consecutive, regularly scheduled public meetings of the agency, such individual's membership shall be automatically terminated, and the position shall be considered as vacant.

(d)  (1)  Each member of the agency shall receive fifty dollars ($50.00) per diem when actually engaged in the discharge of such member's official duties, and in addition, shall be reimbursed for all travel and other necessary expenses. However, agency members who are state employees shall not receive such per diem, but shall be reimbursed for all travel and other necessary expenses.

     (2)  All expenditures shall be claimed and paid in accordance with the provisions of the comprehensive travel regulations as promulgated by the department of finance and administration, and approved by the attorney general and reporter.

(e)  (1)  The agency, at its first meeting and the first meeting in each second fiscal year thereafter, shall elect one of the consumer members as chair of the agency for a term of two (2) years. At the same meeting, the agency shall elect from its members a vice chair to serve a term of one (1) year. No member shall serve two (2) consecutive terms as vice chair.

     (2)  Meetings of the agency shall be held as frequently as its duties may require.

     (3)  Six (6) members shall constitute a quorum, but a vacancy on the agency shall not impair its power to act.

     (4)  No action of the agency shall be effective unless such action is concurred in by a majority of its members present and voting.

     (5)  In the event of a tie vote, the action shall be considered disapproved.

     (6)  The agency shall record by name the votes taken on all actions of the agency.

     (7)  (A)  All agency members shall annually review and sign a statement acknowledging the statute, rules and policies concerning conflicts of interest.

          (B)  Any member, upon determining that a matter scheduled for consideration by the agency results in a conflict with a direct interest, shall immediately notify the executive director and shall be recused from any deliberation of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter. The member shall join the public during the proceedings.

                (i)  Any member with an indirect interest shall publicly acknowledge such interest.

                (ii)  All members shall make every reasonable effort to avoid even the appearance of a conflict of interest. If a member is uncertain whether the relationship justifies recusal, the member shall follow the determination by the legal counsel for the agency.

                (iii)  A determination by the agency or any court that a member of the agency with a direct interest failed to provide notice and be recused from deliberations of the matter, from making any recommendation, from testifying concerning the matter, or from voting on the matter, shall result in the member's automatic termination from the agency and the position shall be considered vacant. The member shall not be eligible for appointment to any agency, board or commission of the state for a period of two (2) years.

                (iv)  The executive director, upon determining that a conflict exists for the executive director or any member of the staff, shall notify the chair of the agency and take such action as the chair prescribes and pursuant to this part.

[Acts 2002, ch. 780, § 4; 2004, ch. 942, §§ 16-19.]