Sec. 38a-179. (Formerly Sec. 33-179g). Management of health care center. Directors.
Sec. 38a-179. (Formerly Sec. 33-179g). Management of health care center. Directors. (a) If the health care center is organized as a nonprofit, nonstock corporation,
the care, control and disposition of the property and funds of each such corporation and
the general management of its affairs shall be vested in a board of directors. Each such
corporation shall have the power to adopt bylaws for the governing of its affairs, which
bylaws shall prescribe the number of directors, their term of office and the manner of
their election, subject to the provisions of sections 38a-175 to 38a-192, inclusive. The
bylaws may be adopted and repealed or amended by the affirmative vote of two-thirds
of all the directors at any meeting of the board of directors duly held upon at least
ten days' notice, provided notice of such meeting shall specify the proposed action
concerning the bylaws to be taken at such meeting. The bylaws of the corporation shall
provide that the board of directors shall include representation from persons engaged
in the healing arts and from persons who are eligible to receive health care from the
corporation, subject to the following provisions: (1) One-quarter of the board of directors
shall be persons engaged in the different fields in the healing arts at least two of whom
shall be a physician and a dentist; (2) one-quarter of the board of directors shall be
subscribers who are eligible to receive health care from the health care center, but no
such representative need be seated until the first annual meeting following the approval
by the commissioner of the initial agreement or agreements to be offered by the corporation, and there shall be only one representative from any group covered by a group
service agreement.
(b) If the health care center is not organized as a nonprofit, nonstock corporation,
management of its affairs shall be in accordance with other applicable laws of the state,
provided that the health care center shall establish and maintain a mechanism to afford
its members an opportunity to participate in matters of policy and operation such as an
advisory panel, advisory referenda on major policy decisions or other similar mechanisms.
(1971, P.A. 445, S. 7; P.A. 77-614, S. 163, 610; P.A. 80-482, S. 227, 348; P.A. 82-415, S. 4, 18; P.A. 90-68, S. 5, 16.)
History: P.A. 77-614 made insurance department a division within the department of business regulation with commissioner as its head, effective January 1, 1979; P.A. 80-482 restored insurance division as independent department with
commissioner as its head and abolished department of business regulation; P.A. 82-415 set forth two methods by which
to manage the affairs of a health care center, depending on whether or not it is a nonprofit, nonstock corporation, applying
previous provisions to nonprofit, nonstock corporations and adding Subsec. (b) applicable to other corporations; P.A. 90-68 made technical changes such that the health care representatives need not be seated until the first annual meeting,
replacing requirement that health care representatives need not be elected until the first annual meeting; Sec. 33-179g
transferred to Sec. 38a-179 in 1991.