Date: 07/15/2015
Final
Review of Policy and Procedures for Board and Staff and Discussion of Fiduc
HEALTH CARE EXCHANGE
| Votes: View--> | Action Taken: |
| <none> | <none> |
12:59 PM -- Review of Policy and Procedures for Board and Staff and Discussion of Fiduciary Duties of the Board
Alan Schmitz, general counsel for Connect for Health Colorado, joined Mr. Patterson and Ms. Flores-Brennan at the table. Mr. Patterson updated the committee on recent board appointments. Mr. Patterson then explained the organization's policies concerning conflicts of interest. Mr. Schmitz reviewed the statutory obligations of the board and its fiduciary duties. Senator Roberts asked about governance, the ex officio members of the board, and whether the current structure has served the board well. Mr. Patterson stated that the intent was that the right people were all at the table during implementation who understand the regulations, law, and political realities of the exchange. He stated that board members regularly recuse themselves from voting on issues on which they may have a conflict of interest. Ms. Flores-Brennan further elaborated that conflicts of interest are linked with voting decisions. She provided further background on the ex officio members. Senator Roberts stated that conflicts of interest could extend beyond voting to influencing others, being present during discussions, and other areas.
Senator Roberts asked about the issue of the "revolving door," where people get experience at the exchange and then go work at other companies. Mr. Schmitz stated that Connect for Health Colorado is a tough place to work. He expounded upon the public policy of the state and relevant case law concerning people changing places of employment. He stated that non-compete agreements are generally discouraged in the law. Mr. Schmitz stated that certain other tools such as confidentiality agreements, among others, are available. Ms. Flores-Brennen discussed concerns and perceptions about employee turnover.
01:17 PM
Mr. Patterson discussed board members' perspective about policies and disclosures of conflicts of interest. Mr. Schmitz discussed his role of in reminding board members about their fiduciary duties. Senator Roberts asked the panelists to consider how the board structure could be improved.
01:24 PM
Senator Kefalas asked if Ms. Work could return to the table to address additional questions regarding technology. Ms. Work and Ms. Benshoof responded to questions about the timing of a decision regarding receiving funding for the shared eligibility system. Mr. Patterson responded to questions about whether the funding source for the shared eligibility system is state funds or federal funds. He discussed recent federal guidance that Connect for Health Colorado received on the issue of funding for the shared eligibility system. Ms. Benshoof answered questions about the memorandum of understanding with HCPF that is in the process of being updated. Ms. Benshoof answered questions about requests for proposals for technology vendors. Ms. Work answered questions about the dual enrollment of some people in both Medicaid and advance premium tax credits.
01:38 PM
Ms. Work answered questions about training on the website for health coverage guides, brokers, and others who provide enrollment assistance. Ms. Work answered questions about whether someone on Medicaid who received an advanced premium tax credit would have to pay back the credit, and outlined the options to someone who is dually enrolled in both Medicaid and health insurance sold on the exchange. Ms. Benshoof responded to questions about work group on simultaneous enrollment, and stated that Connect for Health Colorado is still waiting on guidance from CMS regarding issues related to simultaneous enrollment.