MSFAC By-Laws

 

 Medical Services Fund Advisory Council By-Laws
ARTICLE I - NAME
The name of the organization shall be the Medical Services Fund Advisory Council (hereinafter referred to as the “Council”) to the Bureau for Medical Services (hereinafter referred to as the “Bureau”), the West Virginia State Medicaid Agency.  
 
ARTICLE II - PURPOSE
The purpose of this Council shall be to consult with and advise the Bureau in developing  and administering the State Medicaid Plan and health and medical care services.
 
ARTICLE III - MEMBERSHIP
Section I - Size and Representation of Membership
This Council shall consist of not less than nine (9) members nor more than fifteen (15), all of whom shall be appointed by the State Medicaid Agency and serve until replaced or reappointed on a rotating basis, and must include:
1. A licensed, board-certified physician in the field of medicine and surgery with respect to whose appointment the State Medical Association shall be afforded the opportunity of making nomination of three qualified persons;
2. A licensed dentist in the field of dentistry with respect to whose appointment the State Dental Association shall be afforded the opportunity of nominating three qualified persons;
3. A representative of a community health center with respect to whose appointment by the West Virginia Primary Care Association shall be afforded the opportunity of making nomination of three qualified persons;
4. A representative of a behavioral health provider with respect to whose appointment by the Behavioral Health Providers Association of West Virginia shall be afforded the opportunity of making nomination of three qualified persons; and
5. A licensed pharmacist with respect to whose appointment by the West Virginia Pharmacist Association shall be afforded the opportunity of making nomination of three qualified persons;
6. A representative of a nursing facility with respect to whose appointment by the West Virginia Health Care Association shall be afforded the opportunity of making nomination of three qualified persons;
7. A representative an acute care hospital with respect to whose appointment by the West Virginia Hospital Association shall be afforded the opportunity of making nomination of three qualified persons; and
8. A representative of a hospice with respect to whose appointment by the Hospice Council of WV shall be afforded the opportunity of making nomination of three qualified persons. 
9. Two representatives who are licensed medical professionals who provide services to Medicaid recipients in West Virginia.  The West Virginia Academy of Family Physicians shall be afforded the opportunity to of making nomination of three qualified persons; and
10. The remaining members shall be chosen from consumers groups, including Medicaid recipients, members of the West Virginia Directors of Senior and Community Services, labor unions, cooperatives and consumer-sponsored prepaid group practices plans.
The following individuals shall serve as ex-officio members of the Council:
1. The head of the Bureau of Public Health, as a voting member;
2. The head of the Bureau for Medical Services, as a voting member; and
3. The co-chairs of the Legislative Oversight Commission on Health and Human Resources Accountability, or their designees, as nonvoting members.
Section II - Alternate Membership
Each member shall have an alternate member who must be a representative of the same  provider or consumer group. The alternate shall be invited to all meetings. If both the member and alternate are in attendance, the alternate may not vote or participate in the meeting except during the public comment period. If only the alternate member is in attendance, he/she shall assume full membership status during that meeting.
The Associations shall recommend to the Bureau an alternate for their representative. All other members shall recommend to the Bureau their alternate.
 
Section III - Terms of Membership
Members shall be appointed by the Bureau on a rotating and continuous basis as required by 42 CFR 431.12(c). Members who are appointed or reappointed to the Advisory Council will be appointed for a term of four (4) years, not to exceed 2 consecutive terms. If a member is appointed to fill a vacancy, that member may be eligible to serve 2 additional consecutive terms The term of office of those members serving on the Advisory Council as of December 31, 2012 shall continue for a term of four (4) years until December 31, 2016 unless they are reappointed or replaced in accordance with the provisions of this section.
The term of office of those members nominated for appointment to the Advisory Council by their Associations as of December 31, 2013, shall continue for a term of four (4) years until December 31, 2017 unless they are reappointed or replaced in accordance with the provisions of this section.
 
Section IV - Resignations
A member of the Council may resign by written notice to the Bureau with a copy to the Council Chairperson.
 
Section V - Removal
Any member of the Council may be removed by the Bureau for good cause. Good cause shall include, but not be limited to, the following:
A. Nonattendance - If a member and his/her alternate misses two consecutive meetings, the chair person or his/her designee shall notify the Association that nominated the member and inquire whether the group wants the member and designee to continue to serve.  If absences continue, the Bureau may remove the member.  If a member who is not nominated by an Association and his or her designee misses two consecutive meetings, the chair shall contact that member and determine whether the member can adequately fulfill his/her duties to the constituency groups and the Council. The Bureau may remove the individual if it is determined that the member is unlikely to fulfill his/her duties.
B. Malfeasance or misfeasance in office.
ARTICLE IV - COMMITTEES
 The Council may establish committees to assist in performing its duties and make recommendations.  The committees shall be chaired by a council member or other person designated by the Council.
 
ARTICLE V - OFFICERS
The officers of the Council shall be a Chairperson and Vice Chairperson to be elected at the first  meeting of the calendar year by the Council membership. The officers will serve a two (2) year term, except that an appointment to fill a vacancy shall be for the unexpired term only.  If a member is filling a vacancy he/she may serve an additional two (2) year term.
 
ARTICLE VI - MEETINGS
Meetings are generally held on a quarterly basis, but may be called at any time by the Bureau.  
Meetings are open to the public.
 
ARTICLE VII - QUORUM
A simple majority of the membership of the Medical Services Fund Advisory Council will  constitute a quorum.
 
ARTICLE VIII - AMENDMENTS OF BY-LAWS
Amendment(s) of the by-laws may be made at any meeting of the Council by vote of two-thirds of the members present, provided that written notice of the proposed amendment(s) is sent to each member at least ten days prior to the meeting.
 
Effective May 1, 2015
 

 

 
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