B.__Three members serve ex officio as follows:

(1)__The commissioner or the commissioner's designee;

(2)__The Commissioner of Mental Health and Mental Retardation or the commissioner's designee; and

(3)__The Director of the State Planning Office or the director's designee.

C.__Individuals eligible for appointment to the board must be knowledgeable about the organization, delivery and financing of health care.

D.__An individual may not be a board member if that individual or a member of that individual's household is currently employed as or by or is a consultant for, is a member of the board of directors of, is affiliated with, is an agent or a representative of or otherwise has a personal financial interest in a person or entity having a direct financial interest in board decisions distinct from the interest of the general public.__Board members may not accept gifts or any other financial gain from any of these persons or entities.__Notwithstanding this paragraph, the 2 provider members of the board may negotiate with and contract for payment from the administrator for medical services provided under the plan.

2.__Terms of office.__The terms of the appointed members are staggered.__Of the initial appointees, 2 must be appointed for one year, 2 for 2 years and 3 for 3 years.__Two representatives from the same group may not be appointed for coextensive terms.__ All subsequent appointments are for 3-year terms, except that a member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.__Members hold office until the appointment and confirmation of their successors.

3.__Voting; chair.__The 7 appointed members of the board may vote on all matters before the board.__The 3 ex officio members do not have voting privileges.__Four appointed board members constitute a quorum.__The board may take action only by an affirmative vote of at least 4 appointed members.__The voting members of the board shall elect a chair from among the board members.

4.__Powers and duties.__The board has the powers and duties regarding operation of the authority set forth in section 9803.