Kern County Municipal Code Ch. 2.145 County Health Authority—kern Health Systems Group Health Plan

There is hereby created within the County of Kern a special county health authority.

(Ord. G-7256 § 2 (part), 2005)

The health authority shall be known as "Kern Health Systems Group Health Plan".

(Ord. G-7256 § 2 (part), 2005)

The purpose of the health authority is to establish and operate a comprehensive managed care system to provide health care services, to meet the problems of delivery of medical care in Kern County, to demonstrate ways of promoting quality care and cost efficiency, to negotiate and enter into contracts authorized by Welfare and Institutions Code Section 14087.3, to arrange for the provision of health care services provided pursuant to Chapter 7, of Part 3, of Division 9 (commencing with Section 14000) of the Welfare and Institutions Code, to provide health care services generally within the Kern County community, and to do all things reasonably related or incidental to those purposes.

(Ord. G-7256 § 2 (part), 2005)

The health authority is a public agency that is an entity separate from the county. The health authority shall cause the statement required by Government Code Section 63051 to be filed with the office of the Secretary of State. Any obligations of the health authority, statutory, contractual, or otherwise, shall be obligations solely of the health authority and shall not be obligations of the county. The county shall not be liable for any act or omission of the health authority.

(Ord. G-7256 § 2 (part), 2005)

A. All rights, powers, privileges and immunities vested in the county pursuant to Chapter 7, of Part 3, of Division 9 (commencing with Section 14000) of the Welfare and Institutions Code shall be vested in the health authority.

B. The health authority may enter into contracts for the provisions of health care services to individuals and groups 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, uninsured or indigent individuals, and any other persons.

C. The health authority may acquire, possess and dispose of real or personal property as necessary for the performance of its functions, may employ personnel, may contract for services required to meet its obligations, and may sue or be sued.

D. The health authority may borrow from the county and the county may lend the health authority funds or issue revenue anticipation notes to obtain those funds necessary to commence operations. The health authority shall be deemed a unit of local government for purposes of all grant programs and other funding and loan guarantee programs.

E. The health authority shall have all rights, powers, duties and privileges and immunities set forth in Welfare and Institutions Code Section 14087.38 and those necessary and incidental thereto.

(Ord. G-7256 § 2 (part), 2005)

The health authority shall be governed by an eleven (11) member governing board, which shall consist of the same individuals appointed pursuant to Section 2.94.060 of this Code.

(Ord. G-7793 § 3, 2008: Ord. G-7256 § 2 (part), 2005)

A. Each member of the governing board shall hold office so long as he or she is a member of the governing board of Kern Health Systems. Vacancies shall be filled pursuant to Section 2.94.070 of this Code.

B. The governing board may adopt bylaws and rules consistent with this chapter to govern the conduct of matters before the governing board and the health authority's affairs.

(Ord. G-7256 § 2 (part), 2005)

In the event the health authority no longer functions for the purposes for which it is established, at the time the health authority's then existing obligations have been satisfied or the health authority's assets have been exhausted, the Board of Supervisors may, by ordinance, terminate the health authority. Upon termination of the health authority by the Board of Supervisors, the county shall manage any remaining assets of the health authority until superseded by a plan approved by the California Department of Managed Health Care. Any liabilities of the health authority shall not become obligations of the county upon either of the termination of the health authority or the liquidation or disposition of the health authority's remaining assets.

(Ord. G-7256 § 2 (part), 2005)

The governing board shall file an annual report with the clerk of the board of supervisors for the board's public agenda within one hundred and twenty (120) days after the close of Kern Health Systems Group Health Plan's fiscal year. That report shall include, but not be limited to, the following: a statement of assets and liabilities, including reserves; the actuarial study and formula used to set those reserves; any distributions of excess reserves during the fiscal year, including the formula used for the distributions to each safety net provider, amounts, and dates of distribution. Distribution of reserves shall be made only to safety net providers, which shall be limited to public hospitals and federally qualified health centers that by legal mandate maintain an open door offering services to patients regardless of their ability to pay.

(Ord. G-7706 § 4, 2008)