Medical Services Board By-Laws
ARTICLE I - CREATION
The Medical Services Board in the Department of Health Care Policy and Financing, hereinafter referred to as the "Board", is created by statute in section 25.5.1-301, and its members are appointed pursuant thereto.
ARTICLE II - ORGANIZATION
The Board shall elect from its members a president, a vice-president and such other board officers, as it shall determine. Officers' terms shall be for one year and the presidency shall rotate among the members each year. Each member shall have the opportunity to be president before previous holders of the presidency serve again in that capacity. A member may decline to serve as president. Election of officers shall take place each September. If requested by any Board member, election of officers shall take place by secret ballot.
Regular meetings of the Board shall be held on the second Friday of each month at a place and time determined by the Board or Department, or at such other times as may be established by a majority vote of the entire membership of the Board. The Board may also determine that a regular monthly meeting shall not be held. The Board will make an effort to meet outside the Denver area, if funding and staff resources are available for such meetings.
Emergency or special meetings of the Board may be called by the President, by the Executive Director of the Department, or upon written request of a majority of members of the Board. Notice of any emergency or special meeting of the Board shall be mailed or be delivered by telephone or fax to each member of the Board stating the time, place and purpose of the meeting. Notice by telephone or fax must be given no later than 24 hours prior to the time set for the meeting or, if mailed, shall be mailed not later than 72 hours prior to the hour set for the meeting. Any member of the Board may waive notice of the time, place and purpose of an emergency or special meeting at any time before, during or after such meeting.
All regular, special and emergency meetings of the Board shall be open to the public as required by law.
At any Board meeting, the Board may proceed in Executive Session as authorized by-law upon a vote of two-thirds of the entire membership of the Board. Prior to proceeding in Executive Session, the President shall announce to the public the general topic of the Executive Session. Only those persons invited by the Board may be present at an Executive Session.
The quorum of members necessary for the Board to transact business shall be a simple majority of the entire membership of the Board. Decisions of the Board shall be by a vote of the majority of the Board, as specified by statute.
The Board, by resolution of a majority of the members of the Board, may designate and appoint one or more committees to serve in an advisory capacity to the Board. No such committee(s) shall have the authority of the Board and shall perform only those functions determined by the Board. Committee members shall be appointed by the President and shall serve at the pleasure of the Board. The Chairperson(s) of the committee(s) may be designated by the Board or may be selected by the members of the committee(s), as determined by the Board.
Each committee shall meet with the Board or submit a written report when requested by the President of the Board.
Members of the Board shall serve without compensation but shall be reimbursed for reasonable and necessary actual expenses incurred in the performance of their official duties as members of the Board.
ARTICLE III - PROCEDURES AND RULES OF ORDER
A. Meetings of the Board shall be conducted generally in keeping with Roberts Rules of Order, except as otherwise provided in these by-laws, but shall be as informal as circumstances permit.
B. The President shall preside at all meetings. Whenever the President is ineligible to participate, or is absent, the Vice-President shall perform all the duties of the President. In the absence of both the President and Vice-President, a member selected by those Board members present shall preside.
C. The Agenda may be changed by the President or by a majority vote of the Board members present.
D. Testimony shall be accepted according to the Testimony Protocol adopted by the Board on July 11, 1997 (copy attached).
E. The President may participate in discussion and shall vote as any other Board member.
F. A roll call vote shall be taken upon the request of any Board member. The names of the Board members shall be called in alphabetical order by the State Board Administrator, and each member shall vote yes or no at such time unless he/she chooses to abstain.
G. All meetings of the Board shall be recorded and retained in appropriate minutes.
ARTICLE IV - GENERAL POLICIES
A. The Board shall act only by resolution at a duly called meeting of the Board, and no individual member of the Board shall exercise any individual administrative authority with respect to the Department.
B. No individual member of the Board shall make a statement of policy which purports to be that of the Board unless the Board shall have adopted such policy, but no one shall be prohibited from stating his or her personal opinions, provided they are clearly identified as such.
C. No member of the Board may be an employee of the Department. Upon accepting employment with the Department, a member must resign his or her seat on the Board. This rule shall not apply to employees of other state agencies or any provider or contractor associated with the Department, subject to the conflict of interest policy stated below.
D. Receipt of Medicaid or other health care services provided by the Department shall not be considered a conflict of interest. Receipt of payment for services as a provider, whether directly or indirectly, shall be disclosed and is not per se considered a conflict of interest. Board members must disclose any potential conflicts of interest when such conflicts may exist. The Board shall then have the opportunity to deliberate and vote on whether a conflict of interest exists.
Board members may participate in discussions regarding topics on which they may have a conflict of interest, but shall disclose any potential conflict prior to the discussion. Board members may not participate in the formal voting process when a conflict is determined to exist.
ARTICLE V - ADMINISTRATIVE DIRECTIVES
A. The Executive Director shall attend all Board meetings or send a suitable representative selected by him/her.
B. The State Board Administrator shall prepare an agenda for all regular meetings, and have such agenda mailed or faxed to Board members to assure receipt at least five business days prior to each meeting.
C. Copies of the minutes of each regular meeting shall be mailed, phoned or faxed to all Board members by the State Board Administrator to assure receipt at least five business days prior to the next succeeding regular meeting. Minutes of emergency or special meetings shall be mailed to Board members as soon as is reasonably possible.
D. Copies of rules, issue summaries and other documents that require Board action shall be mailed or faxed to all Board members to assure receipt at least five business days prior to each meeting.
ARTICLE VI - BY-LAWS
These by-laws may be amended or repealed and new by-laws may be adopted by a majority vote of the entire membership of the Board at any regular meeting of the Board.
The State Board Administrator shall provide a copy of these by-laws to all new members of the Board upon their appointment and to any other person who requests a copy.
It being the desire of the Board to meet its responsibilities to the people of Colorado, and in the most efficient and conscientious manner possible, to discharge its duties under the law, the Medical Services Board of the Colorado Department of Health Care Policy and Financing does by resolution hereby adopt these by-laws this 14th day of October. 2005, to be effective immediately.