[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR56.304]



[Page 254-255]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 56_GRANTS FOR MIGRANT HEALTH SERVICES--Table of Contents

 

          Subpart C_Grants for Operating Migrant Health Centers

 

Sec. 56.304  Governing board.



    The governing board of the center must meet the following 

requirements:

    (a) Size. The board must consist of at least 9 but not more than 25 

members except that this provision may be



[[Page 255]]



waived by the Secretary for good cause shown.

    (b) Composition. (1) A majority of the board members must be 

migratory and seasonal agricultural workers and members of their 

families who are or will be served by the center and who, as a group, 

represent the individuals being or to be served in terms of demographic 

factors, such as race, ethnicity, and sex.

    (2) No more than two-thirds of the remaining members of the board 

may be individuals who derive more than 10 percent of their annual 

income from the health care industry.

    (3) The remaining members of the board must be representatives of 

the community in which the center's catchment area is located and shall 

be selected for their expertise in relevant subject areas, such as 

community affairs, local government, finance and banking, legal affairs, 

trade unions, and other commercial and industrial concerns, or social 

services within the community.

    (4) No member of the board shall be an employee of the center, or 

spouse or child, parent, brother or sister by blood of marriage of such 

an employee. The project director may be a nonvoting, ex-officio member 

of the board.

    (c) Selection of members. The method of selection must be prescribed 

in the by-laws or other internal governing rules of the center. Such by-

laws or other rules must specify a process of selection of individuals 

on the governing board who represent the population served or to be 

served by the center so that such individuals, as a group, are 

representative of such population. Such process of selection in the by-

laws or other rules is subject to approval by the Secretary.

    (d) Functions and responsibilities. (1) The governing board shall 

have authority for the establishment of policy in the conduct of the 

center.

    (2) The governing board shall hold regularly scheduled meetings, at 

least once each month, except for periods of the year, as specified in 

the bylaws, during which monthly meetings are not practical due to 

migration out of the catchment area.

    (3) Minutes must be kept for all regularly scheduled meetings of the 

board.

    (4) The governing board shall have specific responsibility for:

    (i) Approval of the selection and dismissal of the project director 

or chief executive officer of the center;

    (ii) Establishing personnel policies and procedures, including 

selection and dismissal procedures, salary and benefit scales;

    (iii) The development of bylaws which specify the responsibility of 

the board and principal operating officials of the centers;

    (iv) Adopting policy for financial management practices, including a 

system to assure accountability for center resources, approval of the 

annual project budget, center priorities, eligibility for services, 

including criteria for partial payment schedules, and long-range 

financial planning;

    (v) Evaluating center activities, including services utilization 

patterns, productivity of the center, patient satisfaction, achievement 

of project objectives, and development of a process for hearing and 

resolving patient grievances;

    (vi) Assuring that the center is operated in compliance with 

applicable Federal, State, and local laws and regulations; and

    (vii) Adopting health care policies including scope and availability 

of services, location and hours of services, and quality assurance 

procedures.