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AN ORDINANCE AMENDING TITLE 2, ADMINISTRATION, CHAPTER 2, OFFICE OF THE MAYOR AND AGENCIES, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, BY ESTABLISHING THE FEDERALLY QUALIFIED HEALTH CENTER BOARD OF COMMISSION CONSISTENT WITH 42 USCS SECTION 254 C (A) ET SEQ
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WHEREAS, the 2010 Census Bureau statistics indicate that 26% of persons living in Newark are living under the 200% poverty level; and
WHEREAS, the population has a high prevalence of asthma, diabetes and hypertension and low usage of primary care; and
WHEREAS, 28% of the population is uninsured, lack knowledge about and access to health care and social resources and are inappropriately utilizing emergency rooms for non-emergent care which is exacerbated by the lack of providers to manage chronic conditions after treatment of emergency episodes; and
WHEREAS, in 1998 the Department of Child and Family Well-Being was designated as a Federally Qualified Health Center (330 h) (FQHC) for its Homeless Health Care Project funding for services for the homeless; and
WHEREAS, in 2012, the Department of Child and Family Well-Being, through a New Access Point grant expanded the FQHC designation to cover the general population of the City of Newark; and
WHEREAS, the City of Newark, Department of Child and Family Well-Being is a public non-profit health care organizations that meet certain criteria under the Medicare and Medicaid Programs (respectively, Sections 1861(aa)(4) and 1905(l)(2)(B) of the Social Security Act and receive funds under the Health Center Program (Section 330 of the Public Health Service Act); and
WHEREAS, as a FQHC for the general population as well as the homeless, the funding source, the United States Department of Health and Human Services, Health Resources Services Administration (HRSA) requires each center to establish a board and/or commission which is representative of the users of the FQHC; and
WHEREAS, Ordinance 2:2-38-1 establishing the Commission on the Homeless is no longer appropriate because it does not account for the change in designation of the City of Newark's Department of Child and Family Well-Being as a FQHC; and
WHEREAS, Ordinance 2:2-38-1 Homeless Commission needs to be repealed and replaced in its entirety for the City of Newark to comply with 42 CFR Part 51C 304 et seq.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. Section 2:2-38-1 of the Newark Municipal Code is hereby repealed and replaced in its entirety to read as follows:
2:2-38. FEDERALLY QUALIFIED HEALTH CENTER BOARD OF COMMISSION
2:2-38.1. Established; Objective
a. The Federal Qualified Health Center Board of Commission (Commission) is hereby established consistent with 42 CFR Part 51C 304 et seq.
b. The objective of the Commission shall be to maintain appropriate authority to oversee operations of Federally Qualified Health Centers (hereinafter referred to as FQHC) consistent with 42 CFR 51C 304 et seq. The Commission's authorization includes but are not limited to establishing and implementing comprehensive system of coordinating medical care, nutritional, shelter and social services for the medically underserved area of Essex County, and to advise and assist the City of Newark, Department of Child and Family Well-Being in the preparation of an annual plan for the enhancement of services available to the community, and assist in obtaining grant monies to provide for the program and activities of the Commission. Applications for grants or private foundations monies shall be with the advice and consent of the Municipal Council.
c. Nothing in this Ordinance shall be interpreted or construed as authorizing the Commission to act beyond the authority provided by governing federal statutes and regulations. The Commission shall act in compliance with all applicable laws.
(Ord. 6 S+FK, 12-19-90)
2:2-38.2. Members; Compensation
a. The Commission shall consist of the following: a minimum of nine (9) but no more than twenty-five (25) members appointed by the Mayor with the advice and consent of the Municipal Council, whose consent shall not be unreasonably withheld. The Mayor, President of the Municipal Council and the Director of Child and Family Well-Being or her/his designee shall be members ex officio.
b. The Commission shall consist of representatives from various segments of the community (with expertise in community affairs, finance and banking, legal affairs, trade unions, social services or other industry concerns) who as a group represent the individuals being served in terms of demographic factors such as race, ethnicity, sex and age. A majority, at least Fifty-one percent (51%) of membership the board members must be consumers of healthcare. No more than one half, Fifty percent (50%) of the non-user board members may be individuals who derive more than 10% of their annual income from the health care industry.
c. All members of the Commission shall serve without compensation.
(Ord. 6 S+FK, 12-19-90; Ord. 6 S+FD, 2-5-92)
2:2-38.3. Terms of Members.
Each member of the board shall serve for a term not to exceed three years. A member who misses three (3) meetings in one year shall be automatically terminated from the board and another person shall be nominated and appointed to serve for the remainder of the term.
2:2-38.4. Officers.
- The Mayor shall designate a member to preside over the Commission as a Chairperson. The Chairperson shall serve at the pleasure of the Mayor.
- The Commission shall elect a member to serve as Vice-Chairperson who shall serve at the pleasure of the Commission within the limitations of his/her term.
(Ord. 6 S+FK, 12-19-90)
2:2-38.5. Meetings.
A regular meeting of the Commission shall be held at least once every month at a time to be fixed by the Members of the Commission. Special meetings shall be called by the Chairperson or, in his/her absence, the Vice-Chairperson. (Ord. 6 S+FK, 12-19-90)
2:2-38.6. Duties
The duties of the Commission shall include but not limited to:
a. Reviewing and comment on the health center grant application submitted for funding by the Department of Child and Family Well-Being and on be informed of proposals submitted to the Department of Child and Family Well-Being for funding for services to the medically underserved population of Essex County.
b. Assist the Department of Child and Family Well-Being in the planning and implementation of City-wide comprehensive service programs for the medically underserved population of Essex County.
c. Establish policies and procedures for its own governance.
d. Identify the unmet needs and service gaps which affect the community.
e. Make recommendations for legislative programs and actions on behalf of the community.
f. Measuring and evaluating the health centers progress in meeting its annual and long-term programmatic and developing plans for the long-range viability of the organization by engaging in strategic planning, ongoing review of the organization's mission and bylaws, evaluating patient satisfaction, and performance improvement.
g. Nothing in this Ordinance shall be interpreted or construed as authorizing the Commission to have duties and powers beyond the powers authorized by governing federal statutes and regulations. The Commission shall act in compliance with all applicable laws.
(Ord. 6 S+FK, 12-19-90)
2:2-38.7. Support and Cooperation of City Departments and Agencies.
a. The Mayor shall, through the Director of the Department of Child and Family Well-Being, subject to available appropriation, make and cause to be made services and provisions that are necessary for the adequate function of the Commission.
b. All City departments and agencies shall cooperate with the Commission in all respects.
Section 2. Any existing ordinances or parts thereof, inconsistent with this ordinance are hereby repealed.
Section 3. If any part of this ordinance is declared unconstitutional or illegal, that provision shall be stricken and declared null and void, however, the remaining provisions shall continue in full force and effect.
Section 4. This ordinance shall take effect upon final passage and publication in accordance with the law of the State of New Jersey.
Statement
This ordinance establishes the Federally Qualified Health Center Board of Commission.