EXECUTIVE ORDER No.2003 - 7

DETROIT MEDICAL CENTER FISCAL STABILITY TASK FORCE
HOSPITAL ADVISORY COUNCIL

WHEREAS, Article V, Section 1 of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 1 of 1931 PA 195, MCL 10.51, authorizes and empowers the Governor, at such times and for such purposes as the Governor deems necessary or advisable, to create special advisory bodies consisting of as many members as the Governor deems appropriate;

WHEREAS, the health and welfare of Michigan’s citizens are of paramount importance and assistance from the State of Michigan in meeting the health care needs of Michigan residents is essential;

WHEREAS, Michigan hospitals play an integral role in maintaining the health of individuals served within our complex and comprehensive health care system;

WHEREAS, the Detroit Medical Center (“DMC”) provides vital medical services to Michigan residents, and its Detroit Receiving Hospital is distinguished as the only level-one emergency trauma center in Wayne County and has been certified by the American College of Surgeons with the capability to handle victims of major bioterrorism incidents and serious burn victims;

WHEREAS, the fiscal crisis at the DMC threatens the delivery of vital medical services to Michigan residents;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant of the powers vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

  1. DETROIT MEDICAL CENTER FISCAL STABILITY TASK FORCE
    1. The Detroit Medical Center Fiscal Stability Task Force (“Task Force”) is created as an advisory body to the Governor within the Executive Office of the Governor.
    2. The Task Force shall be composed of 9 members appointed by the Governor in the following manner:
      1. Three members appointed by the Governor.
      2. Three members appointed by the Governor based upon recommendation by the County Executive for the County of Wayne.
      3. Three members appointed by the Governor based upon recommendations from the Mayor of the City of Detroit.
    3. The Director of the Department of Community Health and the State Treasurer or their designees shall serve as ex-officio, non-voting members of the Task Force.
    4. The Governor shall serve as Chairperson of the Task Force and may designate one member of the Task Force to serve as Vice-Chairperson, who shall serve at the pleasure of the Governor.
  2. CHARGE TO THE TASK FORCE
    1. The Task Force shall act in an advisory capacity to the Governor to assist the State of Michigan in assuring continued access to critical hospital services. The Task Force shall assess fiscal operations, governing structures, and ethical compliance with the goal of establishing transparency, accountability and stability.
    2. The Task Force shall advise the Governor on recent and on-going financial difficulties and governance matters of the DMC, its subsidiaries and affiliates, focusing on the following topics that have been identified as areas of concern:
      1. Fiscal issues;
      2. Operational and oversight issues; and
      3. Ethical and legal concerns.
    3. The Task Force shall also provide other information or advice regarding the delivery of health care services by the DMC and its subsidiaries and affiliates and may obtain input from the DMC, as requested by the Governor.
    4. In addition, the Task Force shall issue reports that address these concerns and provide recommendations at times designated by the Governor.
    5. The Task Force shall complete its work not later than December 31, 2003 or by an earlier date, as determined by the Governor.
  3. OPERATIONS OF THE TASK FORCE
    1. The Task Force shall be staffed by personnel from and assisted by the Department of Community Health, Department of Treasury, the Department of Management and Budget, and the Executive Office of the Governor, as directed by the Governor.
    2. The Task Force may adopt procedures, not inconsistent with Michigan law and this Order, governing its organization and operations and may establish committees and request public participation on advisory panels as it deems necessary. The Task Force may also adopt, reject, or modify any recommendations proposed by committees or advisory panels.
    3. The Task Force shall meet at the call of the Governor or the Vice-Chairperson, and as may be provided in procedures adopted by the Task Force.
    4. Except as otherwise provided in this subdivision the Task Force shall make recommendations to the Governor. Recommendations by the Task Force shall require the affirmative vote by at least one member appointed under Section I.B.1, one member appointed under Section I.B.2, and one member appointed under Section I.B.3.
    5. In developing recommendations, the Task Force may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Task Force may also consult with outside experts in order to perform its duties, including but not limited to experts in the private sector, organized labor, government agencies, and at institutions of higher education.
    6. Members of the Task Force shall serve without compensation and may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Department of Management and Budget and the Civil Service Commission, subject to available appropriations.
    7. The Task Force may hire or retain contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties as the Chairperson deems advisable and necessary, in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.
    8. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.
    9. Members of the Task Force shall refer all legal, legislative, and media contacts to the Executive Office of the Governor.
  4. HOSPITAL ADVISORY COUNCIL
    1. The Hospital Advisory Commission created by Executive Order No. 2002-15 is abolished.
    2. Executive Order No. 2002-15 is rescinded in its entirety.
  5. MISCELLANEOUS
    1. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force, or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Task Force.
    2. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
    3. The invalidity of any portion of this Order shall not affect the validity of the remainder the order.

This Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this 19th day of June, 2003.

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Jennifer M. Granholm
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE