§ 9572. Meetings of an accountable care organization’s governing body

(a) Application. This section shall apply to all regular, special, and emergency meetings of an accountable care organization’s governing body, whether in person or by electronic means, as well as to any other assemblage of members of the ACO‘s governing body at which binding action is taken on behalf of the ACO. For purposes of this section, the term “ACO’s governing body” shall also include the governing body of any organization acting as a coordinating entity for two or more ACOs.

(b) Public meetings; exceptions. Meetings of an accountable care organization’s governing body shall be open to the public and shall provide members of the public an opportunity to comment, except that the ACO’s governing body may meet in executive session to consider business related to the following:

(1) contracts or contract negotiations for which premature general public knowledge would reasonably place the ACO or another person at a substantial disadvantage;

(2) pending or probable prosecution or civil litigation to which the ACO is or is likely to be a party;

(3) personnel matters;

(4) information that reasonably could be considered a trade secret, as defined in 1 V.S.A. § 317(c)(9);

(5) confidential attorney-client communications;

(6) information prohibited from public disclosure by the terms of an enforceable data use contract to which the ACO is bound; and

(7) information prohibited from public disclosure by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or by any other State or federal law.

(c) Notice. An accountable care organization shall make its governing body’s meeting schedule available to the public by posting notice of the time and place of each meeting on the ACO’s website at least one week before the meeting and the agenda for each meeting at least 48 hours before the meeting, except that if an unforeseen occurrence or condition requires the governing body’s immediate attention at an emergency meeting, the ACO shall provide public notice as soon as possible before the meeting occurs.

(d)(1) Minutes and recordings. All portions of each meeting of an ACO’s governing body that are open to the public shall either be recorded or minutes shall be taken, and the recordings and minutes shall be posted on the ACO’s website within five business days following the meeting.

(2) Meeting minutes shall include the names of all governing body members present at the meeting in person or by electronic means, the names of any other individuals who participated in the meeting, a summary of any public comments provided at the meeting, and all actions taken or considered by the governing body during the meeting.

(e) Participation by electronic or other means.

(1) One or more members of an ACO’s governing body may attend a regular, special, or emergency meeting by electronic or other means without being physically present at a designated meeting location.

(2) Any member of the governing body attending a meeting by electronic or other means may participate fully in discussing the governing body’s business and voting to take an action, but any vote of the governing body that is not unanimous shall be taken by roll call.

(3) Each member of the governing body who attends a meeting without being physically present at a designated meeting location shall:

(A) identify himself or herself when the meeting is convened; and

(B) be able to hear the conduct of the meeting and be heard throughout the meeting.

(4) If a quorum or more of the members of the governing body attend a meeting without being physically present at a designated meeting location, the agenda required to be posted pursuant to subsection (c) of this section shall designate at least one physical location where a member of the public can attend and participate in the meeting. At least one member of the governing body or one or more members of the ACO’s staff shall be present at each designated meeting location. (Added 2017, No. 59, § 2.)