Election and Organization
Cal. HSC § 32111
California Statutes
(
a) A member of a health care district’s medical or allied health professional staff who is an officer of the district shall not be deemed to be “financially interested,” for purposes of
Section of the Government Code, in any of the contracts set forth in subdivision (
b) made by any district body or board of which the officer is a member if all of the following conditions are satisfied:
(1) The officer abstains from any participation in the making of the contract.
(2) The officer’s relationship to the contract is disclosed to the body or board and noted in its official records.
(3) If the requirements of paragraphs (1) and (2) are satisfied, the body or board does both of the following, without any participation by the officer: (
A) Finds that the contract is fair to the district and in its best interest. (
B) Authorizes the contract in good faith. (
b) Subdivision (
a) shall apply to the following contracts:
(1) A contract between the district and the officer for the officer to provide professional services to the district’s patients, employees, or medical staff members and their respective dependents, provided that similar contracts exist with other staff members and the amounts payable under the contract are no greater than the amounts payable under similar contracts covering the same or similar services.
(2) A contract to provide services to covered persons between the district and any insurance company, health care service plan, employer, or other entity that provides health care coverage, and that also has a contract with the officer to provide professional services to its covered persons.
(3) A contract in which the district and the officer are both parties if other members of the district’s medical or allied health professional staff are also parties, directly or through their professional corporations or other practice entities, provided the officer is offered terms no more favorable than those offered any other party who is a member of the district’s medical or allied health professional staff. (
c) This
section does not permit an otherwise prohibited individual to be a member of the board of directors of a district, including, but not limited to, individuals described in
Section of this code or in
Section of the Government Code. Nothing in this
section shall authorize a contract that would otherwise be prohibited by
Section of the Business and Professions Code. (
d) For purposes of this section, a contract entered into by a professional corporation or other practice entity in which the officer has an interest shall be deemed the same as a contract entered into by the officer directly.