HomeMy WebLinkAbout42071
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Ordinance No, 4207
AN UNCODIFIED ORDINANCE OF THE COUNTY OF BUTTE
AUTHORIZING BUTTE COUNTY TO JOIN THE PARTNERSHIP HEALTHPLAN OF
CALIFORNIA COMMISSION AND ESTABLISHING THE STANDARDS PERTAINING
TO BUTTE COUNTY'S COMMISSIONERS
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1. Purpose and Intent
The Partnership HealthPlan of California Commission
("Commission") is a multi -county commission established pursuant
to Welfare and Institutions Code section 14087.54 that has created
a managed health care plan for Meda. -Cal recipients. The purpose of
this ordinance is to authorize the County of Butte to join the
existing Commission. This will allow Butte County to join a single
multi -county commission in order to meet the problems of the
delivery of publicly assisted medical care for Medi -Cal recipients
in Butte County.
The Commission will negotiate an exclusive contract with the
California Department of Health Care Services authorizing the
expansion of the Partnership HealthPlan of California into Butte
County. This expansion is expected to occur on or about January 1,
2024.
Section 2. Authorization to Join the Commission
Pursuant to Welfare and Institutions Code section 14087.54,
the Butte County Board of Supervisors hereby authorizes the County
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
of Butte to join the Commission to establish a managed health care
plan for Medi --Cal recipients in Butte County. By doing so, all
rights, powers, duties, privileges, and immunities vested in Butte
County, pursuant to Article 2.8 of Chapter 7, Part 3, Division 9
of the Welfare and Institutions Code, to negotiate exclusive
contracts and arrange for the provision of health care services
related to providing publicly assisted medical care for Medi. -Cal
recipients shall be vested in the Commission.
Section 3. Membership of the Commission
(a) The number of commissioners from Butte County shall be based
on the number of Medi -Cal beneficiaries enrolled in the
HealthPl.an in each county, as determined by the Partnership
HealthPlan of California established formula.
(b) The Butte County Board of Supervisors shall appoint, by
majority vote, its commissioners after receiving
recommendations from the Butte County Chief Administrative
Officer and the Butte County Director of the Department of
Public Health.
(c) Any Butte County commissioner may be removed from the
Commission by a majority vote of the Butte County Board of
Supervisors.
(d) The commissioners appointed by the Butte County Board of
Supervisors may include the following:
1. County employees within the Department of Public Health
who work with providing health care services;
2. Local healthcare and medical providers who provide
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
services to Medi -Cal recipients;
3. Medi -Cal recipients; and
4. Family members of Medi -Cal recipients.
Section 4. Term of Office
The term of office for each Butte County commissioner shall
be two ( 2 ) years commencing on the date that Butte County joins
the Commission. Butte County commissioners may serve more than one
term. Butte County commissioners shall continue to serve at the
conclusion of their term until a successor is appointed. An office
shall become vacant if a Butte County commissioner discontinues to
live or work in Butte County or falls to attend three meetings in
a row of the Commission. If a vacancy occurs or if a Butte County
commissioner is removed, a successor shall be appointed as set
forth above for the unexpired portion of the term.
Section 5. Powers and Duties of the Commission
(a) Pursuant to the provisions of section 14087.54 of the Welfare
and Institutions Code, the Commission shall:
1. Have the power to negotiate the exclusive contract with
the Department of Health Care Services, as specified in
section 14087.5 of the Welfare and Institutions Code,
and to arrange for the provision of health care services,
provided under Chapter 7, part 3, Division 9 of the
Welfare and Institutions Code, related to providing
publicly assisted medical care for Meda. -Cal. recipients;
2. Be considered a public entity separate from Butte
County;
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3. File the statement required by section 53051 of the
Government Code;
4. Have the power: to acquire, possess, and dispose of reals
or personal property, as may be necessary for the
performance if its functions; to employ personnel and
contract for services required to meet its obligations;
and to sue or be sued; and
5. 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
related to providing publicly assisted medical care
for Medi -Cal recipients.
Section 8. Obligations of the Commission
Pursuant to the provisions of section 14087.54(d) of the
Welfare and Institutions Code, any obligation of the Commission,
statutory, contractual, or otherwise, shall be the obligation
solely of the Commission and shall not be the obligation of the
County of Butte.
Section 9. Report to the Board of Supervisors
The Butte County commissioners, together with the Director of
the Department of Public Health, shall report annually to the Board
of Supervisors on the Commission's performance and its success in
providing publicly assisted medical care for Medi -Cal recipients.
The Butte County commissioners and/or the Director of the
Department of Public Health may, at other times, report to the
Board of Supervisors on matters that require more immediate
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(consideration.
Section 10. Termination of Membership
Butte County shall continue to be a member of the Commission
until the Butte County Board of Supervisors terminates its
membership. When terminating its membership, the Butte County
Board of Supervisors or its designee shall provide ninety (90)
days notice to other participating counties and the State
Department of Health Care Services, to allow for the procedures
specified in Welfare and Institutions Code section 14087.54(g).
Section 11. Severability.
If any provision of this Ordinance or the application thereof
to any person or circumstances is for any reason held to be invalid
by a court of competent jurisdiction, such provision shall be
deemed severable, and the invalidity thereof shall not affect the
remaining provisions or other applications of the Ordinance which
can be given effect without the invalid provision or application
thereof.
Section 12. Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after the
date of its passage. The Clerk of the Board of Supervisors is
authorized and directed to publish this Ordinance before the
expiration of fifteen (15) days after its passage. This Ordinance
shall be published once, with the names of the members of the Board
of Supervisors voting for and against it, in a newspaper of general
circulation published in the County of Butte, State of California.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
is
16
17
18
19
20
21
22
23
24
25
26
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the [date] day of September, 2021
by the following vote:
AYES- Supervisors Lucero, Ritter, KimTnolshue, Teeter, and Chair. Connelly
NOES: None
ABSENT: None,
ABSTAIN, None
7-1-1C--�
onn�elly, ChRr
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board
By:
/Depuky
I