PREAMBLE:

To comply with Title 42, Sections 431.12 and 438.104 of the Code of Federal Regulations, there is hereby established the Medical Care Advisory Committee of the South Carolina Department of Health and Human Services.

ARTICLE I

NAME:

Section 1:

      

The name of this committee shall be the Medical Care Advisory Committee of the South Carolina Department of Health and Human Services.

Section 2:  

    

The mailing address of this committee shall be: Post Office Box 8206, Columbia, South Carolina, 29202.

ARTICLE II

OBJECTIVES AND PURPOSES:

This committee is formed to advise the Department of Health and Human Services about health and medical care services, and to provide consultation to the agency regarding marketing policies required of Medicaid Managed Care Organizations.

ARTICLE III

MEMBERSHIP:

Section 1:

Appointment of Members The agency director, or a higher state authority, must appoint members to the Medical Care Advisory Committee on a rotating and continuous basis.

Section 2: 

    

Committee Membership The committee must include:

1. Board-certified physicians and other representatives of the health professions who are familiar with the medical needs of low-income population groups and with the resources available and required for their care;
2. Members of consumers' groups, including Medicaid recipients, and consumer organizations such as labor unions, cooperatives, consumer-sponsored prepaid group practice plans, and others; and
3. The director of the public welfare department or the public health department, whichever does not head the Medicaid agency.

Section 3:

Committee Participation The committee must have opportunity for participation in policy development and program administration, including furthering the participation of recipient members in the agency program.

Section 4:

If a member has three consecutive unexcused absences, the member will be contacted regarding his/her continued membership on the committee.

Section 5:

Members may designate an alternate to attend in their absence, provided that this designation is communicated in writing to the chair and/or secretary of the Medical Care Advisory Committee prior to the meeting; however, the designee shall not have voting privileges.

ARTICLE IV

LIABILITIES:

Section 1:

      

No one of the committee membership shall become liable for responsible actions of the committee, which may result in legal actions developed by the public.

ARTICLE V

MEETINGS:

Section 1: 

     

The committee shall meet regularly, and all members will be notified in advance of the time and place.  Meetings shall be held at least quarterly.

Section 2: 

     

The Department of Health and Human Services shall be responsible for notifying the membership of the specific date and place of meeting.

Section 3:

      

Special meetings of the committee may he held when called by the chair or the director. Notice of special meetings shall contain a brief statement for the purpose of the meeting.

Section 4: 

     

To provide continuity and to provide for rotation of membership, appointments may be made for terms of one, two, and three years.

Section 5:  

         

A quorum shall be a simple majority.

Section 6:

           

Each member who actually participates shall be entitled to a per diem allowance for each meeting plus such other allowances for expenditures as may be authorized. Additionally, each member is entitled to claim a mileage allowance for travel from his home to the meeting.

ARTICLE VI

ORDER OF BUSINESS:

  
1. Call to Order
2. Freedom of Information Act, Americans with Disabilities Act Compliance Pledge
        
3. Introductions
4. Adoption of the Minutes of the Previous Meeting
        
5. Director’s Report
6. Budget Update
 
7. Recommendations of Action Items
    
8. Adjournment

ARTICLE VII

PROHIBITED MATTERS:

The introduction or discussion of sectarian matters or partisan politics is prohibited at any meeting of the committee, and the name or records of the committee shall not be used for any sectarian, business or political purposes.

ARTICLE VIII

OFFICERS:

Section 1: 

     

The officers of the committee shall be a chairman elected for a term of three years, a vice chairman elected for a term of three years, and a permanent secretary selected by the Department of Health and Human Services. The secretary will not have voting rights.

Section 2:

Elections will be held every three years at the call of the chair.

ARTICLE IX

AMENDING BYLAWS:

Section 1:

           

Any member of the committee may propose an amendment to these bylaws.

Section 2:

      

All members of the committee must be notified of a proposed amendment in writing 10 business days prior to the next meeting.

Section 3:

           

The proposed amendment may be adopted by a simple majority vote.