Section He-M 402.03 - Composition and Responsibilities of a PSA(a) A PSA shall be incorporated and shall have an established plan for governance.(b) The plan for governance shall comply with the following: (1) A PSA's board of directors shall: a. Have responsibility for the programmatic, fiduciary and policy oversight of the corporation; andb. Have the powers usually vested in the board of directors of a nonprofit corporation, except as regulated in He-M 402;(2) The responsibility and powers described in (1) above shall be stated in a set of bylaws maintained by the PSA board;(3) A PSA's board of directors shall not allow more than 20% of the board members to serve for more than 6 consecutive years;(4) A PSA's board of directors shall specify in its bylaws a procedure by which inactive PSA members are removed from the PSA board;(5) The size and composition of the board of directors of a PSA shall be as follows: a. The number of persons serving as board members shall be no fewer than 9;b. Consumers shall comprise a minimum of 51% of the membership of the PSA board;c. No more than 20% of board members shall be related by blood, marriage or cohabitation to other board members;d. Board membership shall not be open to the following individuals: 1. Employees of a PSA, the spouses or significant others of employees, or anyone living in the same household as an employee, except that the executive director shall be eligible as an ex officio member;2. Employees of the New Hampshire department of health and human services or their spouses; and3. Individuals or the spouses of individuals who are under contract with a PSA;(6) By-laws shall include term limits for board of director officers; and(7) By-laws shall include a nominating process that actively recruits diverse individuals whose skills and life experiences will serve the needs of the agency.(c) The PSA's board of directors shall establish policies for the governance and administration of the PSA and all services provided through contract with the PSA.(d) Policies shall be developed to ensure efficient and effective operation of the PSA and adherence to requirements of federal funding sources and rules and contracts established by the department.(e) The PSA shall be responsible and accountable for all PSA services whether administrated directly by a PSA or provided under contracts with other organizations.(f) Upon dissolution of the PSA or upon the event that the PSA no longer contracts with the department, ownership and possession of all assets and property obtained with funds granted by the department shall revert to the department.N.H. Admin. Code § He-M 402.03
#2038, eff 7-1-82; ss by #2711, eff 5-16-84; ss by #5130, eff 5-1-91, EXPIRED: 5-1-97
New. #8445, eff 10-6-05
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12193, Effective 5/26/2017, Expires 5/26/2027.