2023 Louisiana Laws › Revised Statutes › Title 46 - Public Welfare and Assistance › §46:1098.7. Rights, powers, and duties of board of commissioners

RS 46:1098.7 - Rights, powers, and duties of board of commissioners
The district acting by and through its board shall have and exercise all rights, powers, and duties for the carrying out of its objects and purposes including but not limited to the following:
(1) To represent the public interest in providing medical care in the parish.
(2) To advise the parish governing authority and the directors of healthcare facilities under its control of problems concerning the operation of district facilities.
(3) To make, amend, and repeal and to promulgate and enforce rules, regulations, resolutions, guidelines, and organizational modifications concerning the conduct of healthcare facilities in order to ensure proper and reliable operation of such facilities.
(4) To conduct hearings and rule upon complaints by or against any officer or employee of the district.
(5) To review and modify or set aside any action of the officers or employees of the district which the board may determine to be desirable or necessary in the public interest.
(6)(a) To select, appoint, and enter into an employment contract with a chief executive officer of the hospital who shall be given full responsibility and authority to manage the hospital in accordance with the policies established by the board.
(b) The chief executive officer's employment contract may be for a fixed term.
(c) The chief executive officer shall report directly to the board of commissioners.
(7) To contract for the construction of facilities, the provision of services, or in any other manner which will assist the board in providing quality health care for the district.
(8) To appoint any standing and special committees as may be necessary to carry out the purposes of the district.
(9)(a) To select, appoint, and enter into an employment contract with a chief financial officer to oversee the financial matters of the district.
(b) The chief financial officer shall report directly to the chief executive officer, but shall maintain a fiduciary duty to the board of commissioners.
(10) To approve bylaws for the medical staff and for the board, to suspend the bylaws at any time and for any length of time, and to require the rewriting of all or part of such bylaws.
(11) To accept any or all officers elected by the medical staff, or to refuse to accept any or all such officers, and to require the election of new officers.
(12)(a) To purchase and acquire lands and to purchase, acquire, construct, and maintain healthcare facilities, including: hospitals, clinics, nursing homes, offices for healthcare professionals, laboratories, and any other physical facilities necessary to carry out the purposes of the district.
(b) The board shall not relocate the primary healthcare facilities from the municipal corporate limits of the city presently the domicile of the board of commissioners without the consent of the governing authority of St. Tammany Parish.
(13) To employ legal counsel as determined by the board of commissioners.
(14) To establish, maintain, and carry on its activities through one or more profit or nonprofit corporations for the benefit of the district.
(15) To borrow money and to issue general obligation bonds, revenue bonds, notes, certificates, or other evidences of indebtedness of the district in order to accomplish any of its objects and purposes.
(16) To delegate authority to its officers, appointees, and employees.
(17) To do any and all things except as limited by the Constitution of Louisiana which are necessary for and to the advantage of healthcare facilities, including but not limited to the extension of privileges and use of healthcare facilities to persons residing outside the district.
(18) In addition to other benefits, salary, and compensation, to offer assistance through the district to members of the medical staff in order to attract and retain competent staff, including but not limited to the following:
(a) The establishment of clinic and group practice.
(b) Malpractice insurance coverage under the healthcare facility's policy of professional liability insurance.
(c) Professional fee billing.
(d) The opportunity to rent office space in facilities owned and operated by the district.
(e) The employment of physicians by contracts for a fixed term.
(19)(a) To permit by a general or specific grant of authority upon a majority vote of the board of commissioners, a healthcare facility to expend or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the commission approving the budget for the next fiscal year.
(b) Upon a majority vote of the board of commissioners, to expend, or contract to expend money, or incur liability, including a mortgage on property, or enter into a contract or contracts which by the terms involves the expenditure of money for purposes not provided for in the budget or which are in excess of the amounts appropriated in the resolution of the board approving the budget for the fiscal year.
(20) To attend and complete all education courses and seminars made available or assigned to the board by the hospital, including but not limited to state ethics laws, HIPAA, and preventing sexual harassment and fraud and abuse.
(21) Notwithstanding any other provisions of law to the contrary, to annually appoint, if desired, a former member of the board to serve as a nonvoting "Commissioner Emeritus" to advise and provide historical perspective to the board when requested by the chairman. Such person shall be paid a per diem equal to that paid to other board members for attendance at the meeting together with reasonable expenses to attend any event attended by the board of commissioners. The "Commissioner Emeritus" may not serve longer than one year.
(22) At the beginning of each hospital fiscal year, to elect a chairperson, vice chairperson, secretary-treasurer, and other officers considered necessary, all to serve terms of one year. No chairperson or vice chairperson shall serve more than two consecutive terms as chairperson or vice chairperson.
(23) To hold regular meetings at least monthly and as often as necessary for the conduct of its business. Special meetings may be called upon at least forty-eight hour notice by the chairperson, or in his absence, by the vice chairperson, or upon the written authorization of a majority of the members of the board. Emergency meetings, providing notice of at least twenty-four hours, may be called by the chairperson, or in his absence, by the vice chairperson, or by any three members of the board.
(24)(a) To pay each board member a per diem not to exceed one hundred dollars for each meeting attended. However, except in the case of an emergency, no board member shall receive per diem for more than seven meetings per month. The chairman or other officer of the board may receive per diem for ten meetings per month. In the case of an emergency, the chairman may receive per diem for more than ten meetings per month. Telephone or video conferences for educational or managerial purposes may be considered by the chairman of the board to be a meeting for which compensation may be paid.
(b) Members of the board shall receive no additional compensation for any other services rendered as commissioners.
(c) Members of the board, or a physician, by reason of his service on the board, shall not receive health insurance as compensation for service on the board.
(d) Members of the board may be reimbursed for reasonable expenses, for the board member only, to a professional or educational meeting or seminar, the subject matter of which would be directly beneficial to the service district. Any board member seeking approval of such expenses shall make the request in writing and shall present to the board a written report on the contents of the meeting or seminar within sixty days of returning from the meeting or seminar.
(25) Each quarter, at regularly scheduled public meetings of the board, to receive a financial overview of the current financial status of the district which shall be presented, taking into consideration both proprietary information and information pertaining to marketing.
(26) Each year, to present to the appointing authority in a regularly scheduled open meeting the audited and certified financial statement for the previous fiscal year.
Acts 2020, No. 365, §1, eff. June 12, 2020; Acts 2021, No. 49, §1.