§323F-3 Corporation board. (a) The corporation shall be governed by a fifteen-member board of directors that shall carry out the duties and responsibilities of the corporation other than those duties and responsibilities relating to the establishment of any captive insurance company pursuant to section [323F-7(c)(20)] and the operation thereof.
(b) Twelve members of the corporation board shall be appointed as follows:
(1) Two members from regional system I who reside in the city and county of Honolulu shall be appointed by the governor from a list consisting of four individuals, two individuals submitted by the speaker of the house of representatives and two individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians;
(2) Two members from regional system II who reside in the county of Kauai shall be appointed by the governor from a list consisting of four individuals, two individuals submitted by the speaker of the house of representatives and two individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians;
(3) Two members from regional system III who reside in the county of Maui shall be appointed by the governor from a list consisting of four individuals, two individuals submitted by the speaker of the house of representatives and two individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians;
(4) Two members from regional system IV who reside in the eastern section of the county of Hawaii shall be appointed by the governor from a list consisting of four individuals, two individuals submitted by the speaker of the house of representatives and two individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians;
(5) Two members from regional system V who reside in the western section of the county of Hawaii shall be appointed by the governor from a list consisting of four individuals, two individuals submitted by the speaker of the house of representatives and two individuals submitted by the president of the senate within fifteen days of July 1, 2007; provided that this list shall not include physicians; [and]
(6) Two additional members who reside in the State shall be appointed by the governor.
The thirteenth and fourteenth members, who shall serve as voting members, shall be physicians with active medical staff privileges at one of the corporation's public health facilities. The physician members shall each serve a term of two years. The initial physician members shall be from regional system II, and subsequent physician members shall come from regional systems IV, III, and V respectively. The physician member positions shall continue to rotate in this order. The physician members shall be appointed to the corporation board by a two-thirds majority vote of the corporation board from a list of qualified nominees submitted by the public health facility management advisory committees or by any regional system board. If for any reason a physician member is unable to serve a full term, the remainder of that term shall be filled by a physician from the same regional system.
The fifteenth member shall be the director of health or the director's designee, who shall serve as an ex officio, voting member.
Appointments to the corporation board, with the exception of the chairperson of the executive public health facility management advisory committee and the regional physician member, shall be made by the governor, subject to confirmation by the senate pursuant to section 26-34.
The appointed board members shall serve for a term of four years; provided that the first member appointed from each regional system shall be appointed for a term of two years.
Any vacancy shall be filled in the same manner provided for the original appointments. The corporation board shall elect its own chair from among its members. Appointments to the corporation board shall be as representative as possible of the system's stakeholders as outlined in this subsection.
(c) The selection, appointment, and confirmation of any nominee shall be based on ensuring that board members have diverse and beneficial perspectives and experiences and that they include, to the extent possible, representatives of the medical, business, management, law, finance, and health sectors, and patients or consumers. Members of the board shall serve without compensation but may be reimbursed for actual expenses, including travel expenses incurred in the performance of their duties.
(d) Any member of the board may be removed for cause by the governor or for cause by vote of a two-thirds majority of the board's members then in office. For purposes of this section, cause shall include without limitation:
(1) Malfeasance in office;
(2) Failure to attend regularly called meetings;
(3) Sentencing for conviction of a felony, to the extent allowed by section 831-2; or
(4) Any other cause that may render a member incapable or unfit to discharge the duties required under this chapter.
Filing nomination papers for elective office or appointment to elective office, or conviction of a felony consistent with section 831-3.1, shall automatically and immediately disqualify a board member from office. [L 1996, c 262, pt of §2; am L 1997, c 265, §1; am L 1998, c 229, §4; am L 2007, c 278, §3 and c 290, §19]
Note
L 2007, c 290, §36 provides:
"SECTION 36. The terms of the membership of the Hawaii health systems corporation board shall expire as follows:
(1) The terms of board members whose date of appointment was prior to and including July 1, 2004, shall expire on December 31, 2007;
(2) The terms of board members whose date of appointment was after July 1, 2004, and before July 1, 2007, shall expire on September 30, 2008.
Appointments to the Hawaii health systems corporation board that occur after December 31, 2007, shall be conducted as set forth in section 19 of this Act [amending §323F-3(a) and (b)]."
Revision Note
In subsection (b), "July 1, 2007" substituted for "the effective date of this Act".