Kern County Municipal Code Ch. 2.94 County Health Authority

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

(Ord. G-6155 § 2 (part), 1994)

The health authority shall be known as "Kern Health Systems" and may do business as "Kern Family Health Care."

(Ord. G-6420 § 2, 1997: Ord. G-6155 § 2 (part), 1994)

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 publicly assisted medical care in Kern County, to demonstrate ways of promoting quality care and cost efficiency, to negotiate and enter into contract 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, and to do all things reasonably related or incidental to those purposes.

(Ord. G-6155 § 2 (part), 1994)

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 53051 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 the obligations of the county. The county shall not be liable for any act or omission of the health authority.

(Ord. G-6155 § 2 (part), 1994)

A. All rights, powers, duties, 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 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 individuals.

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 the rights, powers, duties, privileges and immunities set forth in Welfare and Institutions Code Section 14087.38 and those necessary and incidental thereto.

(Ord. G-6155 § 2 (part), 1994)

The health authority shall be governed by a sixteen (16) member governing board. Members of the governing board shall be appointed by the board of supervisors to represent the interests of the county, the general public, beneficiaries, physicians, hospitals, clinics, and other nonphysical health care providers. The governing board shall consist specifically of the following members:

With respect to the ten (10) community representatives, two (2) shall be nominated by each of the five (5) supervisors. Nominations for the remaining positions, other than CEO, Kern Medical Center, shall be made pursuant to the then existing county policy for appointments to boards, committees and commissions. No person shall be appointed to the governing board who shall not have attained the age of twenty-one (21) years and either work or reside in the county of Kern at the time of his or her appointment. Members of the governing board shall be chosen for their willingness and ability to efficiently carry out the purpose of the health authority.

(Ord. G-7793 § 2, 2008: Ord. G-7705 § 3, 2008: Ord. G-7669 § 2, 2008: Ord. G-7431 § 2, 2006: Ord. G-6716 § 2, 2000: Ord. G-6155 § 2 (part), 1994)

(Ord. No. G-8132, § 2, 3-22-11)

A. Each member of the governing board shall hold office for a term of three (3) years and until the appointment and qualification of his or her successor. Members may serve a maximum of three (3) consecutive terms. Members who have served a maximum of three (3) consecutive terms are eligible to be appointed for an additional three (3) terms after a period of at least three (3) years after last serving on the governing board. A member may be removed at any time if he or she no longer represents the interests of the group he or she was appointed to represent, if he or she is absent from three (3) consecutive regular meetings of the governing board without permission of the governing board's presiding officer, for any reason that would constitute grounds for the removal of a local agency public officer, or on recommendation of two-thirds (⅔) of the members of the governing board.

B. Terms of the members of the governing board shall be staggered. In order to provide for staggered terms of the existing governing board, the following shall become effective upon the expiration of the term of the currently serving board members:

Safety Net Care provider: a three-year term commencing in 2010;

Traditional Medi-Cal primary care physician from Bakersfield: a three-year term commencing 2012;

Traditional Medi-Cal primary care physician from outside Bakersfield: a three-year term commencing 2011;

Rural acute care general hospital within Kern County representative: a three-year term commencing 2010;

Pharmacist: a three-year term commencing 2012;

Two (2) community representatives - Supervisorial District 1: one (1) serving a two-year term commencing 2011, followed by three-year terms thereafter; and one (1) serving a three-year term commencing 2011;

Two (2) community representatives - Supervisorial District 2: one (1) serving a two-year term commencing 2011, followed by three-year terms thereafter; and one (1) serving a three-year term commencing 2011;

Two (2) community representatives - Supervisorial District 3: one (1) serving a three-year term commencing 2011; and one (1) serving a two-year term commencing in 2011, followed by three-year terms thereafter;

Two (2) community representatives - Supervisorial District 4: one (1) serving a three-year term commencing 2011; and one (1) serving a two-year term commencing in 2011, followed by three-year terms thereafter; and

Two (2) community representatives - Supervisorial District 5: one (1) serving a three-year term commencing 2011; and one (1) serving a two-year term commencing in 2011, following by three-year terms thereafter.

For purposes of calculating the term limits for those members currently serving on the governing board, the current term shall count towards the three-term limit.

C. A vacancy on the governing board shall exist in the case of the death, resignation, removal, or disability of a member. Vacancies shall be filled by appointment of the board of supervisors in the manner provided in this chapter.

D. 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-6155 § 2 (part), 1994)

(Ord. No. G-8017, 2, 3-9-10; Ord. No. G-8132, § 3, 3-22-11)

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 Health Services. 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-6155 § 2 (part), 1994)

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 twenty (120) days after the close of Kern Health Systems' 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 safety net providers and the KHS Grant Program, amounts, and dates of distribution. Distribution of reserves shall be made on an 80/20 basis. The eighty (80) percent split shall be reserved for distribution only to the safety net providers which consist of Kern Medical Center, Omni Family Health and Clinica Sierra Vista. The twenty (20) percent split shall be allocated to the Kern Health Systems Grant Program for distribution among the qualified private practice physicians and non-safety net providers.

(Ord. G-7705 § 4, 2008)

(Ord. No. G-8461, § 2, 2-4-14)

A. An amount, not to exceed eight percent (8%) of the health authority's annual budget shall be set aside for administrative and staff support for the health authority based on actual cost to provide the support. The health authority may exceed this limit only after approval of the governing board.

B. All meetings of the governing board shall be attended by legal counsel for the health authority. The health authority shall retain legal counsel knowledgeable in the areas of public contracting and purchasing procedures, conflicts of interest, the Brown Act and other areas of public law which impact the operations of the health authority.

(Ord. No. G-8017, 3, 3-9-10)