Judges: Robert A. Butterworth Attorney General
Filed Date: 4/7/1994
Status: Precedential
Modified Date: 7/5/2016
Ms. Karen L. Bzdyk District Eleven CHPA Board Attorney Dickman Building 4500 Le Jeune Road Coral Gables, Florida 33146
Dear Ms. Bzdyk:
On behalf of the District 11 Community Health Purchasing Alliance Board of Directors you ask:
Whether a Community Health Purchasing Alliance Board of Directors is authorized to create advisory committees that include persons who are not members or staff of the CHPA board.
In sum:
A Community Health Purchasing Alliance Board of Directors may create committees of nonmembers for purposes of advising the board and for fact-finding. However, the board may not delegate any of its ultimate statutory authority to such a committee but must remain responsible for performing those duties imposed directly on the board by the Legislature.
In 1993 the Florida Legislature determined that the health care system did not provide access to affordable health care for everyone in this state and sought to implement a structured health care competition model to improve the efficiency of the health care markets in Florida. Section
The Legislature intends that state-chartered, nonprofit private purchasing organizations, to be known as "community health purchasing alliances," be established. The community health purchasing alliances shall be responsible for assisting alliance members in securing the highest quality of health care, based on current standards, at the lowest possible prices.
Pursuant to section 408.702, Florida Statutes, a community health purchasing alliance (CHPA) is established in each of the 11 health service planning districts established under section
Each of the CHPAs is subject to the supervision and approval of a board of directors composed of 17 members who reside within the CHPA district.3 Pursuant to section 408.705, Florida Statutes, each CHPA board of directors is charged with accomplishing certain duties and responsibilities as follows:
(5) The alliance board shall adopt bylaws. The bylaws must include a procedure for the election of board officers. The board shall meet at times and places as it determines necessary to operate the alliance in accordance with ss.
Among the duties and responsibilities of the alliance are notifying members of the availability and terms of sponsored health coverage from the alliance,4 establishing the conditions of membership in the alliance,5 requesting proposals for health plans from health partnerships in the district,6 establishing administrative and accounting procedures for the operation of the alliance, preparing an annual alliance budget and preparing annual program and fiscal reports on alliance operations.7
It is a general principle of law that when a statute imposes a duty on a public agency or official to accomplish a stated governmental purpose, then the law also confers by implication all powers necessary or proper for the performance of the duty that are not in violation of law or public policy.8 Thus, if the statute imposing a duty on an agency is silent as to how this duty is to be carried out, the agency has the implied authority to act in any reasonable manner to perform that duty.
Sections
The appointment of nonmember advisory committees to assist the boards of directors of CHPAs in performing their duties through fact-finding or other advisory functions would appear to be a reasonable approach to accomplishing the requirements of the statutes. However, I must caution that the boards of directors of CHPAs may not delegate their ultimate statutory authority or duty to act9 pursuant to sections
Sincerely,
Robert A. Butterworth Attorney General
RAB/tgk