Chapter 1 — GENERAL PROVISIONS

Editor's note— Ord. No. 4577, adopted July 3, 2021, amended and restated former Chapter 1, §§ 5-7100— 5-7109, in its entirety to read as herein set out. Former Ch. 1 pertained to similar subject matter and derived from Ord. No. 3816; Ord. No. 4309, § 1, 2006.

5-7100 - PURPOSE AND ESTABLISHMENT.

The Health Plan of San Joaquin is hereby established. The San Joaquin Health Commission shall provide publicly assisted medical care under Welfare and Institutions Code Sections 14087.31 and 14087.32 relating to Medi-Cal. The Commission shall provide medical care to other groups of persons under the California Knox-Keene Health Care Service Plan Act of 1975. The Commission shall meet the needs of the delivery of medical care and provide for the provision of quality care in a cost-efficient manner. The Commission shall govern the plan as set forth in this chapter. The Commission shall negotiate and enter into contracts under Welfare and Institutions Code Section 14087.3 with the State Department of Health Care Services to provide services to Medi-Cal beneficiaries and to arrange for the provision of health care services under Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7101 - DEFINITIONS.

(a)

"Commission" means the San Joaquin County Health Commission.

(b)

"Plan" means the Health Plan of San Joaquin.

(c)

"Member Counties" shall mean Alpine County, El Dorado and Stanislaus County.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7102 - COMMISSION MEMBERSHIP.

The San Joaquin County Board of Supervisors shall appoint seven (7) members, the Stanislaus County Board of Supervisors shall appoint four (4) members, and the Board of Supervisors of El Dorado County and

Alpine County shall appoint one (1) member each to the Health Commission. Members shall represent the interests of the public, the County, beneficiaries, physicians, hospitals, health care providers or other health care organizations. Appointments shall consider ethnic, gender and age diversity, as well as qualifications set forth herein. The Commission members serve at the pleasure of the appointing board of supervisors.

(a)

The San Joaquin County Board of Supervisors shall appoint seven (7) members as follows:

(1)

One (1) member shall be a physician who shall represent traditional providers of Medi-Cal services. The member shall be chosen from among those nominated by the San Joaquin County Medical Society.

(2)

One (1) member shall be a physician representing the public practice of medicine. The County Director of Health Care Services shall nominate this member.

(3)

One (1) member shall represent the Hospital Council of Central and Northern California. The County Director of Health Care Services shall nominate this member after consulting representatives of hospitals in the County and the Hospital Council of Central and Northern California.

(4)

One (1) member shall be a community representative who demonstrates sensitivity and awareness of the problems of serving Medi-Cal constituents.

(5)

One (1) member of the San Joaquin County Board of Supervisors shall serve as an ex-officio member.

(6)

The San Joaquin County Administrative Officer or the designee of the County Administrative Officer shall serve as an ex-officio member.

(7)

The County Director of Health Care Services shall serve as an ex-officio member.

(b)

The Stanislaus County Board of Supervisors shall appoint four (4) members as follows:

(1)

One (1) member of the Stanislaus County Board of Supervisors shall serve as an ex-officio member.

(2)

One (1) member shall be a community representative who demonstrates sensitivity and awareness of the problems of serving Medi-Cal constituents.

(3)

One (1) member shall be a physician who shall represent traditional providers of Medi-Cal services. The member shall be chosen from among those nominated by the Stanislaus County Medical Society.

(4)

The Stanislaus County Executive Officer or the designee of the County Executive Officer shall serve as an ex-officio member.

(c)

One (1) member shall be appointed by the Alpine County Board of Supervisors and shall be:

(1)

A member of the Alpine County Board of Supervisors

(2)

A County employee;

(3)

A Medi-Cal Beneficiary who is also an HPSJ member; or

(4)

An HPSJ contracted Health Care Provider.

(d)

One (1) member shall be appointed by the El Dorado County Board of Supervisors and shall be:

(1)

A member of the El Dorado County Board of Supervisors;

(2)

A County employee;

(3)

A Medi-Cal Beneficiary who is also an HPSJ member; or

(4)

A HPSJ contracted Health Care Provider.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7103 - EX OFFICIO MEMBER STATUS.

Ex officio members shall have full voting and membership status. Ex officio members may vote on matters that pertain to both the plan and their respective counties.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7104 - COMMISSION TERMS.

Members, except ex officio members, shall be appointed to three-year terms. The initial term for Stanislaus County Member appointees shall commence during the June 1, 2024 to March 2025 timeframe. The three- year term for the Stanislaus County Member appointees shall commence from their respective start dates.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7105 - COMMISSION OFFICERS.

(a)

The Chair. The Chair shall be the Director of San Joaquin County Health Care Services. The Commission bylaws shall set forth the duties of the Chair.

(b)

Other Officers. The Commission bylaws shall establish other officers, their terms and duties.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7106 - MEETINGS AND BYLAWS.

The Commission shall meet as set forth in its bylaws. The Commission shall prepare bylaws, which shall not become effective or amended until approved by the San Joaquin County Board of Supervisors.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7107 - COUNTY SERVICES.

The Commission shall provide for services as set forth in this section.

(a)

County Counsel. The San Joaquin County Counsel shall serve as counsel to the Commission. The Commission may retain additional counsel, with the consent of County Counsel, which shall not be unreasonably withheld.

(b)

Personnel Services. The Commission may establish requirements and practices in recruitment, retention, and employment of personnel. The Commission may establish and operate an independent personnel office. Salary ranges may be different than the County salary ranges.

(c)

Chief Financial Officer. The Commission may organize and operate an independent financial system and appoint a Chief Financial Officer. The Commission may deposit, audit, and control its own funds and disbursements. Until such time as an independent financial system is created, the San Joaquin County Auditor Controller shall sign all Commission checks from the San Joaquin County Treasury.

(d)

Treasurer. The Commission may appoint a Treasurer who shall be the custodian of the Commission's funds. The Treasurer shall invest Commission funds as directed by the Commission under guidelines agreed to between the Commission and Treasurer. Until such time as the Treasurer can create an account and invest Commission funds independent of the San Joaquin County Treasury, the San Joaquin County Treasurer shall be the custodian of the Commission's funds and the funds shall be invested in the same manner as local public funds may be invested under law and San Joaquin County's investment policy.

(e)

Other Services. The Commission is authorized, but not required, to use other County services as needed.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7108 - PURCHASING EXPENDITURE LIMIT.

The Commission shall authorize all purchases except that the Chief Executive Officer may make purchases for budgeted items not to exceed the San Joaquin County Purchasing Agent's expenditure authority limit. The Chief Executive Officer may make purchases in accordance with policies and procedures approved by the Commission.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)

5-7109 - ANNUAL BUDGET.

The Commission shall prepare and approve an annual budget containing projections of expenditures and revenues for the budget year. The budget shall conform to timing requirements set forth in the County's annual budget process. Upon approval, the Commission shall submit a copy to the Board of Supervisors.

(Ord. No. 4577, 7-13-2021; Ord. No. 4643, 4-23-2024)