Marin County Municipal Code Ch. 2.40 Partnership Healthplan of California Commission

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Editor's note— Ord. No. 3513, § II, adopted Feb. 10, 2009, repealed ch. 2.40, §§ 2.40.00E, 2.40.010, which pertained to the county auditor and derived from Ord. 1336, § 1, 1964.

Partnership HealthPlan of California Commission ("Commission") is a multi-county commission that has created a Medi-Cal managed health care plan for Medi-Cal recipients. The purpose of this chapter is to update the terms of the County of Marin's participation in the commission. This chapter allows the implementation of a county organized health system in Marin County, as authorized by Welfare and Institutions Code § 14087.54.

The commission has a proven record of improving health care access to its members, who are Medi-Cal recipients, and improving Medi-Cal reimbursement rates to health care providers. The commission links each member with a primary care provider and has been successful in reducing inappropriate use of emergency rooms, providing appropriate levels of inpatient care for its members, developing innovative case management programs and arranging for the provision of an enhanced level of local health care services.

The commission negotiated a contract with the California Department of Health Care Services, as specified in Welfare and Institutions Code Section 14087.5, to arrange for the provision of health care services provided under Welfare and Institutions Code Chapter 7, Part 3, Division 9. The Commission is authorized to negotiate a contract with the California Department of Health Care Services to expand the commission into additional member counties. This expansion is expected to occur on or about January 1, 2024.

(Ord. No. 3556, § I, 2011; Ord. No. 3597, § II, 2013; Ord. No. 3804, § 2, 2023)

Pursuant to Welfare and Institutions Code § 14087.54, the Marin County Board of Supervisors hereby authorizes the County of Marin to continue participation in the commission under the terms set forth in this Ordinance No. 3804.

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

The commission shall be comprised of commissioners appointed by the board of supervisors of each member county. Unless and until the commission, by formal action, establishes a different formula or system of membership, commission representation for each member county shall be based on the number of Medi-Cal beneficiaries enrolled in the commission's health plan in each county according to the following formula:

(1) Zero—forty-five thousand Medi-Cal beneficiaries within the county equals one commission seat.

(2) Forty-five thousand one—sixty thousand Medi-Cal beneficiaries within the county equals two commission seats.

(3) Sixty thousand one plus Medi-Cal beneficiaries within the county equals three commission seats.

Persons appointed to the commission by the Marin County Board of Supervisors shall serve at the pleasure of the board.

The Marin County Board of Supervisors shall follow its own commissioner selection criteria set forth in this section, including appointing the department of health and human services director or his/her/their designee to a commission seat, but also acknowledges that the commission encourages member counties to consider selecting commissioners from the following settings: safety net providers (including providers at federally qualified health centers), behavioral health providers, regional center providers, local education authorities, dental providers, Indian Health Service facility providers, and hospital providers with special efforts to select candidates, as opportunity allows, who reflect the diversity of the community and regions (including, but not limited to, race, ethnicity, language, and disability status). The health and human services director or his/her/their designee shall evaluate candidates and make recommendations to the board of supervisors.

(Ord. No. 3556, § I, 2011; Ord. No. 3597, § II, 2013; Ord. No. 3640, § I, 2015; Ord. No. 3804, § 2, 2023)

The term for the commissioners shall be for four-year periods. Nothing herein shall prohibit a person from serving more than one term. Each commission member shall remain in office at the conclusion of that member's term until a successor member has been selected and installed into office. An office shall become vacant if a commissioner ceases functioning in the area from which appointed, or fails to attend three commission meetings in a row.

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

Pursuant to the provisions of Welfare and Institutions Code § 14087.54 as it exists on the date of adoption of this ordinance, the commission shall:

A. Have the power to negotiate the exclusive contract with the California State Department of Health Care Services as specified in Welfare and Institutions Code § 14087.5, and to arrange for the provision of health care services provided under Chapter 7, Part 3, Division 9 of the Welfare and Institutions Code;

B. Be considered an entity separate from the County of Marin;

C. File the statement required by Government Code § 53051;

D. Have the power to acquire, possess, and dispose of real or personal property, including creating and/or acquiring affiliated or supporting entities, as may be necessary for the performance of its functions; to employ personnel, including health care providers in accordance with California law; to contract for services required to meet its obligations; and to sue or be sued; and

E. Have all the rights, powers, duties, privileges, and immunities conferred by Article 2.8 of Chapter 7, Part 3, Division 9 of the Welfare and Institutions Code in addition to those previously specified in this section.

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

Pursuant to the provisions of Welfare and Institutions Code § 14087.54(d) as it exists on the date of adoption of the ordinance codified in this chapter, any obligations of the commission, statutory, contractual, or otherwise, shall be the obligations solely of the commission and shall not be the obligations of the County of Marin. The commission shall do business as Partnership HealthPlan of California.

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

The commission may establish advisory committees from time to time for any purpose that will be beneficial in accomplishing the work of the commission.

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

The commission shall continue to represent the County of Marin until such time as the Marin County Board of Supervisors terminates the representation. To terminate the representation, the Marin County Board of Supervisors or its designee shall provide ninety-days' notice to other member counties and the California Department of Health Care Services, as specified in Welfare and Institutions Code § 14087.54(g).

(Ord. No. 3556, § I, 2011; Ord. No. 3804, § 2, 2023)

A. Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any state or federal law.

B. If any section, subsection, sentence, clause, or phrase in this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The county board of supervisors hereby declares that it would have adopted this chapter and each and every section, subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional.

C. All former ordinances and resolutions, or parts thereof, conflicting or inconsistent with the provisions of this ordinance are hereby repealed.

(Ord. No. 3804, § 2, 2023)