Maverick County Hospital District operating Ryan White Program without formal Board of Directors approval
By: Jose G. Landa
An Exclusive Eagle Pass Business Journal News Story/Copyright 2013
The Maverick County Hospital District (MCHD) is operating the Ryan White Program, a program which provides comprehensive health and social services to individuals affected by HIV/AIDS, without formal Board of Directors approval as gleaned from the MCHD Board of Directors meeting on Thursday, February 28, 2013.
During discussion of the MCHD Financial Reports, Board of Director Ricardo E. Calderon raised the point that his review of the Hospital District’s Board of Directors Meetings’ minutes during 2012 revealed that the MCHD had begun operating the Ryan White Program in September of 2012 without the MCHD Board of Directors formally taking a vote to approve the Ryan White Program. Board member Calderon stated that his review of the 2012 Board meetings’ minutes showed that MCHD Chief Executive Officer Elcira Bares made a presentation during the Administrator’s Report to the Board at their September 27, 2012 meeting advising them that the “Ryan White Program has been transferred from the United Medical Centers (UMC) to the Maverick County Hospital District (MCHD)” and that the “contracts have been signed and pending approval by Bexar County Commissioner’s Court.” Calderon informed his fellow MCHD Board members that nowhere on the 2012 Board meetings’ minutes does it reflect that the Board formally approved to enter into and operate the Ryan White Program, causing “a serious violation of Board governance.” Calderon told his fellow Board members that the MCHD had “put the cart before the horse” by operating the Ryan White Program before formal Board approval and suggested that the MCHD immediately advise Bexar County Commissioner’s Court of this very serious situation. Calderon noted that at the MCHD Board Budget Workshop on February 14, 2013, the Administration presented a budget amendment to the MCHD 2012-2013 Budget of $392,520 for operating the Ryan White Program, which led him to review the Ryan White Program contracts and 2012 Board meetings’ minutes.
MCHD Board member Joaquin L. Rodriguez expressed his concern as to why the Ryan White Program had not been placed on the Board agenda for approval despite being mentioned to the Board by Administration.
MCHD Board Chairman Juan Manuel Farias acknowledged the lack of a formal Board approval of the Ryan White Program and asked MCHD General Counsel Celeste Lira as to what can be done to approve the Ryan White Program. General Counsel Celeste Lira stated that the MCHD Board can approve the Ryan White Program retroactively at its next Board meeting in March and advised the Board that she would draft a memorandum of law detailing the steps necessary to approve retroactively the program.
Calderon questioned General Counsel Celeste Lira if she had reviewed the Ryan White Program contracts and she replied that she had not because she had not been asked by the MCHD nor Administration to review them.
MCHD Board member Joaquin L. Rodriguez noted that the Board was in consensus at that time to do the Ryan White Program but agreed that the lack of board approval is a serious matter which requires remediation.
MCHD CEO Elcira Bares stated that when the MCHD received transfer of the Ryan White Program from the United Medical Centers, the original program grantee, Bexar County Commissioners Court, did not request a Board resolution approving the program.
Board member Calderon stated that the MCHD is public governmental entity of Maverick County taxpayers and citizens and as such the Board has a duty to inform and protect the citizens from operating the MCHD in accordance with the law and board governance.
The MCHD Ryan White Program serves nine counties including Maverick, Val Verde, Kinney, Dimmit, Zavala, Uvalde, Real, La Salle, Edwards, and the Kickapoo Traditional Tribe of Texas. HIV/AIDS program individuals may receive assistance for medications, blood testing, dental services, rental assistance, housing assistance, utilities, transportation, and other supplementary aid for emergency situations. The MCHD contracts with local medical providers to service the Ryan White Program patients/clients.
It is expected that the Ryan White Program will be in the March 27, 2013 MCHD Board of Directors meeting.
The MCHD Board of Directors are Chairman/President Juan Manuel “Chuco” Farias, Vice-President Rito Valdez, III, Secretary/Treasurer Humberto Duran, Joaquin L. Rodriguez, and Ricardo E. Calderon. MCHD CEO is Elcira Bares.
