§ 27-19.2-5. Composition of board of directors.
(a)(1) Notwithstanding any public law, rule, or regulation to the contrary, six (6) positions
on the board of directors of a nonprofit hospital and/or medical service corporation
shall be filled by public appointment for a maximum of three (3) three-year (3) terms.
Public appointment of two (2) of the directors shall be made by the governor, two
(2) shall be made by the speaker of the house, and two (2) shall be made by the president
of the senate. Neither state employees nor elected state officials shall serve as
public members of the board of directors. Each appointing authority shall make one
such appointment on or after July 1, 2004, and the remaining will be made on or after
July 1, 2005. Once appointed, public members may only be removed in accordance with
the bylaws of the nonprofit hospital and/or medical service corporation. When sufficient
public appointments have been made, vacancies shall thereafter be filled for a maximum
of three (3) three-year (3) terms as the board of directors may determine, and consistent
with subsection (a)(2) of this section, except that seats filled by public appointment
pursuant to this subsection shall always remain subject to such public appointment,
upon the resignation, removal, incapacity, or retirement of the incumbent public appointee.
Public appointees shall not constitute a majority of the board.
(2) Future vacancies not filled by public appointment pursuant to subsection (a)(1) of
this section shall be filled by an open and public process of recruitment and appointment,
to be determined by the board and within its discretion, but to include public solicitation
of candidates.
(3) At the end of their term, directors shall continue to serve until their successors
are appointed and qualified. Nothing herein prevents the reappointment of a board
member presently serving.
(4) Public appointees may not:
(i) Be employed by or have a financial interest in:
(A) A nonprofit hospital and/or medical service plan or its affiliates or subsidiaries;
(B) A person regulated under this article; or
(ii) Within three (3) years before appointment, have been employed by, had a financial
interest in, or have received compensation from:
(A) A nonprofit hospital and/or medical service plan or its affiliates or subsidiaries;
or
(B) A person regulated under this article.
(b) An officer or employee of a nonprofit hospital and/or medical service plan or any
of its affiliates or subsidiaries may not be appointed or elected to the board.
(c) Each standing committee shall have representation from the public appointee members.