Budget Amendment ID: FY2016-S3-799-R1
Redraft EHS 799
CHIA Oversight Council
Messrs. Tarr, Ross and deMacedo moved that the proposed new text be amended by striking out section 18 and inserting in place thereof the following section:-
“SECTION 18. Chapter 12C of the General Laws is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. (a) There is hereby established a center for health information and analysis. There shall be a health information and analysis oversight council, with duties and powers established by this section, which shall govern the center; provided, however, that the council shall not oversee the Betsy Lehman center for patient safety and medical error reduction established in section 15.
(b) The council shall consist of 11 members: the secretary of health and human services, ex officio; the secretary of administration and finance, ex officio; 2 of whom shall be appointed by the attorney general of whom 1 shall have experience in cyber security; 2 of whom shall be appointed by the state auditor of whom 1 shall be a health care economist; and 5 of whom shall be appointed by the governor of whom 1 shall have experience in health care delivery or health care management, 1 shall have experience with the use of big data, open data and analytics and 1 shall have experience in finance and budgeting; 1 whom shall be a representative of surcharge payers as defined in section 1 of Chapter 12C of the general laws, and 1 whom shall be a representative of acute care hospitals provided, that the governor shall designate the chairperson. Appointments shall be made without regard to political affiliation. Members of the council shall serve for terms of 5 years. In the case of a vacancy, a successor shall be appointed in the same manner as the original appointment for the remainder of the unexpired term. Members of the council shall be eligible for reappointment. The council shall annually elect 1 of its members to serve as the vice-chair person. Members of the council shall be residents of the commonwealth.
(c) Four members of the council shall constitute a quorum and the affirmative vote of 4 members of the council shall be necessary and sufficient for any action to be taken by the council. No vacancy in the membership of the council shall impair the right of a quorum to exercise all the rights and duties of the commission. Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. The chairperson of the board shall report to the governor and to the general court not less than annually.
(d) Any action of the center may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the council shall be subject to sections 18 to 25, inclusive, of chapter 30A. The center shall be subject to all other provisions of said chapter 30A, and records pertaining to the administration of the center shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the center shall be considered to be public funds for purposes of chapter 12A. Except as otherwise provided in this section, the operations of the center and its council shall be subject to chapter 268A and chapter 268B.
(e) The chairperson shall hire an executive director to supervise the administrative affairs and general management and operations of the center and also serve as secretary of the center, ex officio. The executive director shall receive a salary commensurate with the duties of the office. In the case of a vacancy in the position of executive director, a successor shall be appointed in the same manner as the original appointment for the unexpired term. The person so appointed may be removed from office by the chairperson.
(f) The executive director shall, with the approval of the council:- (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the council; (ii) employ professional and clerical staff as necessary; (iii) report to the council on all operations under the executive director's control and supervision; (iv) prepare an annual budget and manage the administrative expenses of the center including conducting at least 1 public hearing to review and manage the administrative expenses of the center, and undertake a process to evaluate and recommend alternative methodologies to fund the agency’s operating expenses; and (v) undertake any other activities necessary to implement the powers and duties set forth in this chapter.
(g) The council shall:
(i) develop a plan of operation for the center. The plan of operation shall include, but not be limited to: implementation of procedures for operations of the center and implementation of procedures for communications with the executive director; (ii) develop annual research and analysis priorities for the center; provided however, the council shall not require approval of the center’s actions under section 38C of chapter 3, section 16 of this chapter or section 17 of chapter 176A; shall conduct at least one public hearing process, review and manage the administrative expenses of the center, and undertake a process to evaluate and recommend alternative methodologies to fund the agency’s operating expenses.”
(iii) develop guidelines for uniform reporting and data preparation pursuant to sections 8 to 10, inclusive; and
(iv) develop guidelines for the collection, storage and maintenance of the payer and provider claims database established pursuant to section 12.
(h) Chapter 268A shall apply to all council members except that the center may purchase from, sell to, borrow from, contract with or otherwise deal with any organization in which any council member is in anyway interested or involved; provided, however, that such interest or involvement shall be disclosed in advance to the council and recorded in the minutes of the proceedings of the council; and provided further, that no member shall be deemed to have violated section 4 of said chapter 268A because of such member’s receipt of such member’s usual and regular compensation from such member’s employer during the time in which the member participates in the activities of the council.”