AGENDA

Senate Health and Human Services Confirmation Committee

Utah Legislature

Wednesday, December 16, 2015 • 8:00 a.m. • Room 450 Capitol Building

1. Committee Business

• Call to order

• Approval of the minutes of the August 18, 2015, meeting

2. Overview of Committee Duties

The Senate Health and Human Services Confirmation Committee reviews the resume and qualifications of any person nominated by the governor for appointment to a board or agency within its jurisdiction. The committee will consider Governor Gary R. Herbert’s nomination of Gene D. Cottrell to serve as the executive director of the Office of Inspector General of Medicaid Services and will recommend whether the Senate should confirm appointment of the nominee.

• Chair Christensen

3. Consideration of Proposed Appointment of Gene D. Cottrell as the Executive Director of the Office of Inspector General of Medicaid Services

Utah Code Section 63A-13-201 governs the qualifications of the Office of Inspector General of Medicaid Services:

63A-13-201. Creation of office -- Inspector general -- Appointment -- Term.

(1) There is created an independent entity within the Department of Administrative Services known as the "Office of Inspector General of Medicaid Services."

(2) The governor shall:

(a) appoint the inspector general of Medicaid services with the advice and consent of the Senate; and

(b) establish the salary for the inspector general of Medicaid services based upon a recommendation from the Department of Human Resource Management which shall be based on a market salary survey conducted by the Department of Human Resource Management.

(3) A person appointed as the inspector general shall have the following qualifications:

(a) a general knowledge of the type of methodology and controls necessary to audit, investigate, and identify fraud, waste, and abuse;

(b) strong management skills;

(c) extensive knowledge of performance audit methodology;

(d) the ability to oversee and execute an audit; and

(e) strong interpersonal skills.

(4) The inspector general of Medicaid services:

(a) shall serve a term of four years; and

(b) may be removed by the governor, for cause.

(5) If the inspector general is removed for cause, a new inspector general shall be appointed, with the advice and consent of the Senate, to serve the remainder of the term of the inspector general of Medicaid services who was removed for cause.

(6) The Office of Inspector General of Medicaid Services:

(a) is not under the supervision of, and does not take direction from, the executive director, except for administrative purposes;

(b) shall use the legal services of the state attorney general's office;

(c) shall submit a budget for the office directly to the governor;

(d) except as prohibited by federal law, is subject to:

(i) Title 51, Chapter 5, Funds Consolidation Act;

(ii) Title 51, Chapter 7, State Money Management Act;

(iii) Title 63A, Utah Administrative Services Code;

(iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(v) Title 63G, Chapter 4, Administrative Procedures Act;

(vi) Title 63G, Chapter 6a, Utah Procurement Code;

(vii) Title 63J, Chapter 1, Budgetary Procedures Act;

(viii) Title 63J, Chapter 2, Revenue Procedures and Control Act;

(ix) Title 67, Chapter 19, Utah State Personnel Management Act;

(x) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;

(xi) Title 52, Chapter 4, Open and Public Meetings Act;

(xii) Title 63G, Chapter 2, Government Records Access and Management Act; and

(xiii) coverage under the Risk Management Fund created under Section 63A-4-201;

(e) when requested, shall provide reports to the governor, the president of the Senate, or the speaker of the House; and

(f) shall adopt administrative rules to establish policies for employees that are substantially similar to the administrative rules adopted by the Department of Human Resource Management.

• Mr. Gene D. Cottrell

• Committee questions and discussion

• Public comment

• Committee action

4. Adjourn