(a) There is hereby created the Virgin Islands Government Hospitals and Health Facilities Corporation. The corporation is a body corporate and politic constituting a public benefit corporation of the Government of the Virgin Islands. It shall have those powers and duties expressly provided by law and no others.
(b) The Corporation shall be administered by a Board of Directors consisting of 13 members as follows: five members representing the District Board of St. Croix, five members representing the District Board of St. Thomas-St. John, and three cabinet level members or appropriate designee. Members appointed by the District Boards will be comprised of two doctors elected by their respective members of the District Boards, two nurses, two Attorneys, two Certified Public Accountants, and two Engineers or Architects one each from the Districts of St. Croix and St. Thomas/St. John. Cabinet members include the Director of Property and Procurement, the Director of the Office of Management and Budget or Commissioner of Finance and an additional cabinet level member or appropriate designee appointed by the Governor. Seven voting members of the board shall constitute a quorum and all final decisions of the board must be voted on by a quorum.
(c) All members of the Board of Directors shall serve terms of three years, except that initial appointments of doctors and nurses are 4 years for the first term and may revert back to three years after the first term. No more than four members’ terms shall expire in the same twelve-month period.
(d) Members shall receive $100 for each day or portion thereof spent on the official business of the Board of Directors. No other compensation shall be awarded, but each member shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties. No employee of the Government of the Virgin Islands subject to supervision by the corporation or who is a member of the same collective bargaining unit as an employee subject to supervision by the corporation, except one doctor and one nurse, and from each District, may serve as a member of the Board of Directors of the Corporation except two doctors and one nurse for the District Governing Board.
(e) The Board of Directors shall elect from among its members a chairman and such other officers as it may deem appropriate.
(f) The Board of Directors shall meet at such times and in such places as it deems necessary, but not less than once each quarter; provided, however, that no two consecutive meetings shall be in the same island district without approval of two-thirds of the members present and voting; provided further, that at least one meeting per year shall be held on the island of St. John.
(g) The corporation shall have two district governing boards, one for the District of St. Croix and one for the District of St. Thomas-St. John. Each district board shall have nine members, all of whom shall represent their respective island district. District Board members shall serve terms of three years. Two members shall be doctors elected by their respective members of the Association of Hospital Employed Physicians. One member shall be a nurse elected by the Virgin Islands Nurses Association. One member shall be an Attorney elected by their respective members of the Virgin Islands Bar Association. One member shall be a Certified Public Accountant elected by their respective members of the Virgin Islands Board of Accountancy. One member shall be an Engineer or Architect elected by their respective members of the Virgin Islands Board of Architects, Engineers and Land Surveyors. Three members of each district board shall be appointed by the Governor with the advice and consent of the Legislature, one of which shall be a member of the Chamber of Commerce. Members appointed by the Governor shall not serve on the Board of Directors of the Corporation. No person appointed to represent a district may reside in a district different from that which he has been appointed to represent. Each district board shall elect its own chairman and such other officers as it deems appropriate. Members of each district board shall receive $100 for each day or part thereof spent on the official business of the district board and shall be reimbursed for actual and necessary expenses incurred by them in the performance of their official duties. Not more than three of the non-elected members of each district board may be employees of the Government of the Virgin Islands. No employee subject to supervision by the corporation or who is a member of the same collective bargaining unit as an employee subject to supervision by the corporation, except two doctors and one nurse, and elected by their respective members, may serve as a member of a district board. Operating costs for each District Board shall be charged to the hospital in the respective district. For purposes of this section, “for cause” is defined as any violation of the bylaws of the corporation. Five voting members of the board shall constitute a quorum and all final decisions of the board must be voted on by a quorum.
(h) Notwithstanding Title 3, section 65a, Virgin Islands Code, each member of the Board of Directors and each member of the District Boards may continue to serve until his successor is qualified but in any event no longer than 180 days. Vacancies occurring during the term of any member of the Board of Directors or the District Boards shall be filled in the manner of the original appointment for the unexpired term. If professional organizations fail to name hoard members within sixty (60) days of written request, the district board shall select an interim member to fill vacant positions until the organization names a member.
(i) The Board of Directors shall formulate and determine hospital policy and planning for health care delivery at the territorial level. It shall coordinate hospital policy, planning and decisions between the two districts to ensure efficient and coordinated hospital policy direction between the districts. The District Governing Boards shall formulate and determine hospital policy and planning for health care delivery for their respective districts consistent with the hospital policy and planning established by the Board of Directors for the Territory. In the event of a dispute between the District Boards, or between a District Board and the Board of Directors, the Board of Directors shall resolve the dispute by majority vote. The Board of Directors and the District Governing Boards shall delegate management operations to the appropriate staff and hold the staff accountable for the execution of hospital policy decisions. No Board member or District Board member shall become involved in the day-to-day management operations of the hospitals or health care facilities.
(j) Notwithstanding subsections (b) and (g), the Government Hospitals and Health Facilities Corporation Board or either District Governing Board may act upon the vote of a majority of the members present and voting at a meeting.