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§ 1300.67.11. Disclosure of Conflicts of Interest.


Barclays Official California Code of Regulations Currentness
Title 28. Managed Health Care
Division 1. The Department of Managed Health Care
Chapter 2. Health Care Service Plans
Article 7. Standards
28 CCR § 1300.67.11
§ 1300.67.11. Disclosure of Conflicts of Interest.
(a) A plan shall not enter into any transaction with a person currently named in Item F of its application under Section 1300.51 (or currently named pursuant to Items 7, 8, or 9 of that application as in effect prior to the effective date of Section 1300.51.3) unless, prior thereto, each of the following conditions is met:
(1) The material facts concerning the transaction and the person's interest therein are disclosed to the governing body of the plan.
(2) The transaction is approved by a disinterested majority of the governing body.
(3) Such facts and such approval are made a part of the minutes of such governing body or, if no minutes are required of such governing body, otherwise retained as a record of the plan.
(b) A plan shall promptly give written notice to the Director if a transaction is entered into otherwise than in conformity with the terms of this section.
(c) For the purposes of this section, “governing body” means the board of directors, all general partners, the sole proprietor, the board of trustees, and any other persons occupying a similar position or performing similar functions.
Note: Authority cited: Section 1344, Health and Safety Code. Reference: Sections 1351 and 1367(h), Health and Safety Code.
1. Amendment of subsection (a) filed 12-17-85; effective thirtieth day thereafter (Register 85, No. 51.
2. Change without regulatory effect amending subsection (b) filed 7-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 29).
This database is current through 5/6/22 Register 2022, No. 18
28 CCR § 1300.67.11, 28 CA ADC § 1300.67.11
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