Maverick County Hospital District Board Grapples with Health Insurance Coverage Issue for Board Members
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018
The Maverick County Hospital District Board Of Trustees continues to grapple with the new board issue whether to provide health insurance coverage for the Board members placed by newly named Board Chairman Jesus Casas for its November 27, 2018 monthly regular meeting, which was tabled by Board member Rebecca “Becky” Robinson on her motion without a second by another Board member, causing that the agenda item be placed again for the District’s December 12 , 2018 Board meeting.
The health insurance coverage for Board members proposal placed by Board Chairman Jesus Casas faces a legal hurdle to overcome as the state law enacted to establish the Maverick County Hospital District expressly provides that “a Director is not entitled to compensation but is entitled to reimbursement for necessary expenses incurred in the performance of official duties.”
In addition, Section 286.050 of the Texas Health Safety Code doubles down on the prohibition of Board members receiving any compensation as it expressly states “Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties. Expenses reimbursed under this section must be: reported in the District’s minute book or other district records; and approved by the Board.”
Texas State Law is very clear that District Board Members and Officers are not entitled to any compensation in the performance of official duties, except may be reimbursed for actual expenses incurred in the performance of official duties provided they are reported in the District’s minute book or other records and are approved by the Board.
Board member Adolfo “Fito” Olivares, a retired education administrator, opined that the Maverick County Hospital District Board members can not receive health insurance coverage for performing their public official duties because it would violate existing current law against receiving compensation.
At their December 12, 2018 Board meeting, Board Secretary-Treasurer Aaron Valdez motioned to table the health insurance coverage issue for Board members to their next Board meeting (January 2019) to allow District Legal Counsel Alex Fuller and Chief Executive Officer Terri Contreras-Patlan time to review and research the issue. Chairman Casas seconded the Motion to table the agenda item, which was approved on a 3 to 1 vote with Casas, Valdez, and Juan Manuel “Chuco” Farias in favor while Olivares opposed and Robinson was absent at this meeting.
Board member Olivares sought to poll Board members if they personally were requesting that the District provide them health insurance coverage, but Chairman Casas declined to answer Olivares’ polling question by stating that “I’m not going to discuss that until Alex (General Counsel) provides us the information.”
Olivares polled Valdez but Valdez stated he wanted General Counsel to address the issue and report back to the Board, declining to answer the question.
Olivares replied to Valdez that “I agree with you, Sir. But not when someone wants to circumvent the statute we’re governed by. And that is exactly what our Chairman wants to do.”
The local Hospital District Board Of Directors will revisit this contentious issue at their January 2019 Board meeting.
