Vermont § 9374 - Board membership; authority

§ 9374. Board membership; authority

• (a)(1) On July 1, 2011, the Green Mountain Care Board is created and shall consist of a chair
  and four members. The Chair and all of the members shall be State employees and shall
  be exempt from the State classified system. The Chair shall receive compensation equal
  to that of a Superior judge, and the compensation for the remaining members shall
  be two-thirds of the amount received by the Chair. (2) The Chair and the members of the Board shall be nominated by the Green Mountain Care
  Board Nominating Committee established in subchapter 2 of this chapter using the qualifications
  described in section 9392 of this chapter and shall be otherwise appointed and confirmed
  in the manner of a Superior judge. The Governor shall not appoint a nominee who was
  denied confirmation by the Senate within the past six years. (b)(1) The term of each member of the Board, including the Chair, shall be six years. (2) Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated. (3) A member may serve more than one term. A member may be reappointed to additional terms
  subject to the requirements of section 9391 of this title. (4) Members of the Board may be removed only for cause. The Board shall adopt rules pursuant
  to 3 V.S.A. chapter 25 to define the basis and process for removal. (c)(1) No Board member shall, during his or her term or terms on the Board, be an officer
  of, director of, organizer of, employee of, consultant to, or attorney for any person
  subject to supervision or regulation by the Board, provided that for a health care
  practitioner, the employment restriction in this subdivision shall apply only to administrative
  or managerial employment or affiliation with a hospital or other health care facility,
  as defined in section 9432 of this title, and shall not be construed to limit generally the ability of the health care practitioner
  to practice his or her profession. (2) No Board member shall participate in creating or applying any law, rule, or policy
  or in making any other determination if the Board member, individually or as a fiduciary,
  or the Board member’s spouse, parent, or child wherever residing or any other member
  of the Board member’s family residing in his or her household has an economic interest
  in the matter before the Board or has any more than a de minimis interest that could
  be substantially affected by the proceeding. (3) The prohibitions contained in subdivisions (1) and (2) of this subsection shall not
  be construed to prohibit a Board member from, or require a Board member to recuse
  himself or herself from Board activities as a result of, any of the following: (A) being an insurance policyholder or from receiving health services on the same terms
  as are available to the public generally; (B) owning a stock, bond, or other security in an entity subject to supervision or regulation
  by the Board that is purchased by or through a mutual fund, blind trust, or other
  mechanism where a person other than the Board member chooses the stock, bond, or security;
  or (C) receiving retirement benefits through a defined benefit plan from an entity subject
  to supervision or regulation by the Board. (4) No Board member shall, during his or her term or terms on the Board, solicit, engage
  in negotiations for, or otherwise discuss future employment or a future business relationship
  of any kind with any person subject to supervision or regulation by the Board. (5) No Board member may appear before the Board or any other State agency on behalf of
  a person subject to supervision or regulation by the Board for a period of one year
  following his or her last day as a member of the Green Mountain Care Board. (d)(1) The Chair shall have general charge of the offices and employees of the Board but
  may hire a director to oversee the administration and operation. (2)(A) Except for final decisions in regulatory matters over which the Board has jurisdiction,
  a member of the Board, Board officer, or Board employee may perform any service that
  is within the Board’s jurisdiction and that the Board delegates to the member, officer,
  or employee. (B) The Board shall establish procedures to ensure that Board employees have appropriate
  supervision in their performance of delegated activities and that the Board remains
  informed regarding these activities. (e)(1) The Board shall establish a consumer, patient, business, and health care professional
  advisory group to provide input and recommendations to the Board. Members of such
  advisory group who are not State employees or whose participation is not supported
  through their employment or association shall receive per diem compensation and reimbursement
  of expenses pursuant to 32 V.S.A. § 1010, provided that the total amount expended for such compensation shall not exceed $5,000.00
  per year. (2) The Board may establish additional advisory groups and subcommittees as needed to
  carry out its duties. The Board shall appoint diverse health care professionals to
  the additional advisory groups and subcommittees as appropriate. (3) To the extent funds are available, the Board may examine, on its own or through collaboration
  or contracts with third parties, the effectiveness of existing requirements for health
  care professionals, such as quality measures and prior authorization, and evaluate
  alternatives that improve quality, reduce costs, and reduce administrative burden.