2023 Michigan Compiled Laws › Chapter 550 - General Insurance Laws › Act 350 of 1980 - The Nonprofit Health Care Corporation Reform Act (550.1101 - 550.1704) › 350-1980-6A - Part 6a Health Endowment Fund Corporations (550.1651...550.1655) › Section 550.1652 - Health Endowment Fund Corporation; Incorporation; Conflict of Interest; Appointment of Board Members; Vacancy; Terms; Quorum; Vote; Business Open to Public; Notice; Meeting in Closed Session; Minutes; Compensation.

550.1652 Health endowment fund corporation; incorporation; conflict of interest; appointment of board members; vacancy; terms; quorum; vote; business open to public; notice; meeting in closed session; minutes; compensation.
Sec. 652.
(1) A health endowment fund corporation shall not be incorporated in this state except under this part.
(2) A board shall adopt a conflict of interest policy. A board member with a direct or indirect interest in any matter before the fund shall disclose the member's interest to the board before the board takes any action on the matter. The board shall record the member's disclosure in the minutes of the board meeting. If a board member or a member of his or her immediate family, organizationally or individually, would derive a direct and specific benefit from a decision of the board, that member shall recuse himself or herself from the discussion and the vote on the issue.
(3) Subject to this subsection, the governor shall appoint the members of a board with the advice and consent of the senate. An individual who is an employee, officer, or board member of a health care corporation; a lobbyist affiliated with a health care corporation; or an employee of a health insurer, health care provider, or third party administrator is not eligible to be appointed and shall not be appointed to a board under this subsection. On or before the expiration of 60 days after the incorporation of a fund under section 653, the governor shall appoint the following initial members of the board with the advice and consent of the senate:
(a) One member from a list of 3 or more individuals recommended by the senate majority leader.
(b) One member from a list of 3 or more individuals recommended by the speaker of the house of representatives.
(c) One member representing the interests of minor children.
(d) One member representing the interests of senior citizens.
(e) Two members of the general public.
(f) One member representing the business community.
(g) One member from a list of 3 or more individuals recommended by the house minority leader.
(h) One member from a list of 3 or more individuals recommended by the senate minority leader.
(4) A vacancy on a board shall be filled in the same manner as the initial appointment under subsection (3). Except as otherwise provided in this subsection, a board member shall be appointed for a term of 4 years or until a successor is appointed, whichever is later. For the initial members appointed under subsection (3), 3 members shall be appointed for 2-year terms, 3 members shall be appointed for 3-year terms, and 3 members shall be appointed for 4-year terms.
(5) Six members of a board constitute a quorum for the transaction of business at a meeting of the board. An affirmative vote of 5 board members is necessary for official action of a board.
(6) The business that a board may perform shall be conducted at a meeting of the board that is held in this state, is open to the public, and is held in a place that is available to the general public. However, a board may establish reasonable rules and regulations to minimize disruption of a meeting of the board. At least 10 days and not more than 60 days before a meeting, a board shall provide public notice of its meeting at its principal office and on its internet website. A board shall include in the public notice of its meeting the address where board minutes required under subsection (7) may be inspected by the public. A board may meet in a closed session for any of the following purposes:
(a) To consider the hiring, dismissal, suspension, or disciplining of board members or employees or agents of the fund.
(b) To consult with its attorney.
(c) To comply with state or federal law, rules, or regulations regarding privacy or confidentiality.
(7) A board shall keep minutes of each meeting. Board minutes shall be open to public inspection, and the board shall make the minutes available at the address designated on the public notice of its meeting under subsection (6). A board shall make copies of the minutes available to the public at the reasonable estimated cost for printing and copying. A board shall include all of the following in its board minutes:
(a) The date, time, and place of the meeting.
(b) Board members who are present and absent.
(c) Board decisions made at a meeting open to the public.
(d) All roll call votes taken at the meeting.
(8) Board members shall serve without compensation. However, board members may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as board members.
History:
Add. 2013, Act 4, Imd. Eff. Mar. 18, 2013
Popular Name:
Blue Cross-Blue Shield
Popular Name:
Act 350