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Section 1441.5 Of Article 1. Administration From California Health And Safety Code >> Division 2. >> Chapter 2.5. >> Article 1.
1441.5
. (a) A member of a county hospital's medical or allied
health professional staff who is an officer of the board of
supervisors, or of a board or commission appointed by the board of
supervisors for the operation of a county hospital shall not be
deemed to be "financially interested," for purposes of Section 1090
of the Government Code, in any of the contracts set forth in
subdivision (b) made by any county 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 county hospital 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 county hospital and the officer for the officer to provide professional services to the hospital'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 county hospital and any insurance company, health care service plan, employer, or other entity which provides health care coverage, and which also has a contract with the officer to provide professional services to its covered persons.
(3) A contract in which the county hospital and the officer are both parties if other members of the county hospital'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 county hospital'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 supervisors or any committee or commission thereof. Nothing in this section shall authorize a contract that would otherwise be prohibited by Section 2400 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.
(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 county hospital 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 county hospital and the officer for the officer to provide professional services to the hospital'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 county hospital and any insurance company, health care service plan, employer, or other entity which provides health care coverage, and which also has a contract with the officer to provide professional services to its covered persons.
(3) A contract in which the county hospital and the officer are both parties if other members of the county hospital'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 county hospital'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 supervisors or any committee or commission thereof. Nothing in this section shall authorize a contract that would otherwise be prohibited by Section 2400 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.
