N.H. Admin. Code § He-M 403.03

Current through Register No. 45, November 7, 2024

Section He-M 403.03 - Composition of a Nongovernmental CMHP

(a) A nongovernmental CMHP shall be incorporated and shall have an established plan for governance.

(b) The plan for governance shall comply with the following:

(1) A CMHP board of directors shall have responsibility for the entire management and control of the property and affairs of the corporation and shall have the powers usually vested in the board of directors of a nonprofit corporation, except as regulated herein, and such responsibility and powers shall be stated in a set of bylaws maintained by the CMHP board;

(2) A CMHP board of directors shall ensure that no more than 20% of the board members shall have served for more than 6 consecutive years;

(3) A CMHP board of directors shall specify in its bylaws a procedure by which inactive CMHP board members are removed from the CMHP board; and

(4) The size and composition of the board of directors of a CMHP shall be as follows:

a. The number of persons serving as members shall be no fewer than 9 and no more than 25;

b. Members shall be generally representative of the geographic area served by the CMHP and shall include representation by consumers and family members of consumers;

c. Membership shall be open to all individuals who reside in the region except for persons excluded as follows:

1. Individuals or the spouses of individuals who are under contract with a CMHP;

2. Employees or the spouses of employees of agencies or programs which are under contract with a CMHP;

3. Employees or the spouses of employees of a CMHP, except that the executive director shall be eligible as an ex officio member; and

4. Employees of the New Hampshire department of health and human services or their spouses; and

d. Board members or the spouses of board members of agencies or programs under contract with a CMHP shall be eligible for membership on the CMHP board but shall comprise no more than one third of the board.

N.H. Admin. Code § He-M 403.03

#4195, eff 1-1-87, EXPIRED: 1-1-93

New. #6816, eff 7-25-98, EXPIRED: 7-25-06

New. #8716, INTERIM, eff 9-6-06, EXPIRED: 3-5-07

New. #9533, eff 9-1-09

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12388, Effective 9/23/2017, Expires 3/22/2018.

The amended version of this section by New Hampshire Register Volume 38, Number 19, eff.4/30/2018 is not yet available.