1998 Minnesota Statutes

     145A.10 Powers and duties of community health boards. 

    Subdivision 1.    General.  A community health board has 
 the powers and duties of a board of health prescribed in 
 sections 145A.03, 145A.04, 145A.07, and 145A.08, as well as the 
 general responsibility for development and maintenance of an 
 integrated system of community health services as prescribed in 
 sections 145A.09 to 145A.13. 

    Subd. 2.    Preemption.  (a) Not later than 365 days 
 after the approval of a community health plan by the 
 commissioner, any other board of health within the community 
 health service area for which the plan has been prepared must 
 cease operation, except as authorized in a joint powers 
 agreement under section 145A.03, subdivision 2, or delegation 
 agreement under section 145A.07, subdivision 2, or as otherwise 
 allowed by this subdivision. 

    (b) This subdivision does not preempt or otherwise change 
 the powers and duties of any city or county eligible for subsidy 
 under section 145A.09. 

    (c) This subdivision does not preempt the authority to 
 operate a community health services program of any city of the 
 first or second class operating an existing program of community 
 health services located within a county with a population of 
 300,000 or more persons until the city council takes action to 
 allow the county to preempt the city's powers and duties. 

    Subd. 3.    Medical consultant.  The community health 
 board must appoint, employ, or contract with a medical 
 consultant to ensure appropriate medical advice and direction 
 for the board of health and assist the board and its staff in 
 the coordination of community health services with local medical 
 care and other health services. 

    Subd. 4.    Employees.  Persons employed by a county, 
 city, or the state whose functions and duties are assumed by a 
 community health board shall become employees of the board 
 without loss in benefits, salaries, or rights.  Failure to 
 comply with this subdivision does not affect eligibility under 
 section 145A.09. 

    Subd. 5.    Community health plan.  The community health 
 board must prepare and submit to the commissioner a written plan 
 at times prescribed by the commissioner under section 145A.12, 
 subdivision 3, but no more often than every two years.  The 
 community health plan must provide for the assessment of 
 community health status and the integration, development, and 
 provision of community health services that meet the priority 
 needs of the community health service area.  The plan must be 
 consistent with the standards and procedures established under 
 section 145A.12, subdivision 3, and must at least include 
 documentation of the following: 

    (1) a review and assessment of the implementation of the 
 preceding community health plan; 

    (2) the process used to assess community health status and 
 encourage full community participation in the development of the 
 proposed community health plan; 

    (3) an identification of personal health services, 
 institutional health services, health-related environmental 
 programs and services, and related human services in the 
 community; 

    (4) an assessment of community health status, a statement 
 of goals and objectives according to priority, and the reasons 
 for the priority order; 

    (5) a description of and rationale for the method the 
 community health board plans to use to address each identified 
 community health goal and objective and how each program 
 category defined in section 145A.02 and any agreements entered 
 into under section 145A.07 will be implemented to achieve these 
 goals and objectives; 

    (6) a description of the ways in which planned community 
 health services defined in section 145A.02 will be coordinated 
 with services and resources identified in clause (2); 

    (7) the projected annual budgets for expenditure of the 
 subsidy and local match provided for in section 145A.13 and for 
 other sources of funding for the program categories defined in 
 section 145A.02 including a description of the ways this funding 
 is coordinated with funding from other local, state, and federal 
 sources; and 

    (8) assurances that community health services will comply 
 with applicable state and federal laws. 

    Subd. 6.    Budget; plan revision.  The community health 
 board must prepare and submit to the commissioner an annual 
 budget for the expenditure of local match and subsidy funds 
 under section 145A.13 and for other sources of funding for 
 community health services.  Revisions to the community health 
 plan or annual budgets must be submitted to the commissioner in 
 the same manner as prescribed in section 145A.12, subdivisions 3 
 and 4. 

    Subd. 7.    Equal access to services.  The community 
 health board must ensure that community health services are 
 accessible to all persons on the basis of need.  No one shall be 
 denied services because of race, color, sex, age, language, 
 religion, nationality, inability to pay, political persuasion, 
 or place of residence. 

    Subd. 8.    Reports.  The community health board must 
 compile and submit reports to the commissioner on its 
 expenditures and activities as required under section 145A.12, 
 subdivision 5. 

    Subd. 9.    Recommended legislation.  The community 
 health board may recommend local ordinances pertaining to 
 community health services to any county board or city council 
 within its jurisdiction and advise the commissioner on matters 
 relating to public health that require assistance from the 
 state, or that may be of more than local interest. 

    Subd. 10.    State and local advisory committees.  (a) A 
 state community health advisory committee is established to 
 advise, consult with, and make recommendations to the 
 commissioner on the development, maintenance, funding, and 
 evaluation of community health services.  Section 15.059, 
 subdivision 5, applies to this committee.  Each community health 
 board may appoint a member to serve on the committee.  The 
 committee must meet at least quarterly, and special meetings may 
 be called by the committee chair or a majority of the members.  
 Members or their alternates may receive a per diem and must be 
 reimbursed for travel and other necessary expenses while engaged 
 in their official duties. 

    (b) The city councils or county boards that have 
 established or are members of a community health board must 
 appoint a community health advisory committee to advise, consult 
 with, and make recommendations to the community health board on 
 matters relating to the development, maintenance, funding, and 
 evaluation of community health services.  The committee must 
 consist of at least five members and must be generally 
 representative of the population and health care providers of 
 the community health service area.  The committee must meet at 
 least three times a year and at the call of the chair or a 
 majority of the members.  Members may receive a per diem and 
 reimbursement for travel and other necessary expenses while 
 engaged in their official duties. 

    (c) State and local advisory committees must adopt bylaws 
 or operating procedures that specify the length of terms of 
 membership, procedures for assuring that no more than half of 
 these terms expire during the same year, and other matters 
 relating to the conduct of committee business.  Bylaws or 
 operating procedures may allow one alternate to be appointed for 
 each member of a state or local advisory committee.  Alternates 
 may be given full or partial powers and duties of members.  

    HIST: 1987 c 309 s 10 

*   NOTE:  See section 15.059, subdivision 5a, for expiration 
*of state community health advisory committee.