§323F-3.5  Regional system boards. (a)  There is hereby established a regional system board of directors to governeach of the five regional systems specified in section 323F‑2, no laterthan January 1, 2008.  The regional system boards of directors shall carry outthe duties and responsibilities as set forth in this chapter and as furtherdelegated by the corporation.

(b)  Upon its establishment, a regional systemboard shall assume custodial care of all financial assets, real property,including land, structures, and fixtures, or other physical assets, such aspersonal property, including furnishings, equipment, and inventory, of thecorporation within its regional system.  No sale or encumbrance of any suchreal property or such other financial assets, physical assets of thecorporation shall be permitted without the mutual consent of the Hawaii health systems corporation board and the appropriate regional system board.  Noadditional debts or liabilities or superior debts shall be added by thecorporation to any regional system board that would negatively impact theholders of bond notes. Each regional system board shall be liable for anyliabilities arising from financial assets, real or personal property in itscustodial care.

(c)  Each regional system shall be governed bya regional system board of directors to consist of not less than seven membersand not more than fifteen members, as determined by the regional system boardafter the initial regional system board is established.

(1)  Each regional system board shall initiallyconsist of twelve members to be appointed by the governor under section 26-34or as provided in this section, as follows:

(A)  Four members shall be appointed by thegovernor within thirty days of receipt of a qualified list of candidates asfollows:

(i)  Two members shall be chosen from a list offour individuals submitted by the speaker of the house of representativeswithin fifteen days of July 1, 2007; provided that this list shall not includephysicians; and

(ii)  Two members shall be chosen from a list offour individuals submitted by the president of the senate within fifteen daysof July 1, 2007; provided that this list shall not include physicians;

(B)  Four members shall be appointed by thegovernor within thirty days from a list of eight individuals nominated by theregional public health facility management advisory committee within fifteendays of July 1, 2007.  These individuals may be medical and health careproviders and professionals, consumers, and knowledgeable individuals in otherappropriate areas such as business, finance, and law; provided that theseindividuals shall not be physicians currently in active practice;

(C)  Three physicians shall be appointed by thegovernor within thirty days from a list submitted within fifteen days of July1, 2007, of six physicians nominated by a majority vote of the medical staff ofthe public health facilities in the regional system present at a duly noticedmeeting from a list of qualified candidates submitted by the medical executivecommittees in the regional system; and

(D)  The corporation board chairperson orchairperson's designee shall serve as an ex officio, nonvoting member of eachregional system board;

(2)  One member of each regional system board nominatedby the speaker of the house of representatives, the president of the senate,and medical executive committees in a regional system shall be appointed for aterm of two years;

(3)  One member of each initial regional system boardnominated by the regional public health facility management advisory committeefor the regional system shall be appointed for a term of two years;

(4)  The remaining members of each initial regionalsystem board and all members appointed thereafter shall be appointed for termsof three years; and

(5)  New regional system board members appointed toany regional system board after the initial regional system board shall beselected by a two-thirds affirmative vote of the existing regional system boardmembers.

Except for the ex officio members of each regionalsystem board, all other members of a regional system board shall be residentsof the region.  Each regional system board shall elect its own chair.

(d)  Each regional system board shall:

(1)  Be responsible for local governance, operations,and administration of the delivery of services in its respective regionalsystem as set forth in this chapter and as further delegated by the corporation;

(2)  Include medical and health care providers andprofessionals, consumers, and knowledgeable individuals in other appropriateareas, such as business, finance, and law; provided that no more than threemembers of the regional system board shall be physicians;

(3)  Be as balanced and representative of thecommunity stakeholders as possible; and

(4)  Have the powers, duties, and responsibilitiesthat are specific to the regional system board as provided in this chapter.

(e)  Any member of a regional system board maybe removed for cause by the governor or for cause by vote of a two-thirds majorityof the regional system board's voting members then in office.  For purposes ofthis section, "cause" shall include without limitation:

(1)  Malfeasance in office;

(2)  Persistent failure to attend regularly calledmeetings;

(3)  Sentencing for conviction of a felony, to theextent allowed by section 831-3.1; or

(4)  Any other cause that may render a memberincapable of discharging or unfit to discharge the duties required under thischapter. [L 2007, c 290, pt of §2; am L 2009, c 182, §10]

 

Revision Note

 

  "July 1, 2007" substituted for "the effectivedate of this Act".