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Introduced Version House Bill 2130 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 2130

 

(By Delegate Paxton)

[Introduced January 11, 2012

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; referred to the

Committee on Education then Finance.]

 

 

 

 

A BILL to amend and reenact §18-2-5b of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-4 of said code, all relating to providing a salary supplement for providers of Medicaid eligible services in the public schools and the financing thereof.

Be it enacted by the Legislature of West Virginia:

    That §18-2-5b of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18A-4-4 of said code be amended and reenacted, all to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-5b. Medicaid eligible children; school health services advisory committee; Medicaid service provider salary supplement.

    (a) The state board shall become a Medicaid provider and seek out Medicaid eligible students for the purpose of providing Medicaid and related services to students eligible under the Medicaid program and to maximize federal reimbursement for all services available under the Omnibus Budget Reconciliation Act of 1989, as it relates to Medicaid expansion and any future expansions in the Medicaid program for Medicaid and related services for which state dollars are or will be expended: Provided, That the state board may delegate this provider status and subsequent reimbursement to regional educational service agencies (RESA) and/or county boards: Provided, however, That annually the state board shall report to the Legislature the number and age of children eligible for Medicaid, the number and age of children with Medicaid coverage, the types of Medicaid eligible services provided, the frequency of services provided, the Medicaid dollars reimbursed; and the problems encountered in the implementation of this system and that this report shall be on a county by county basis and made available no later than January 1, 1992, and annually thereafter.

    (b) The state board shall appoint and convene a School Health Services Advisory Committee to advise the Secretary of Health and Human Resources and the state superintendent on ways to improve the ability of regional education service agencies, local school boards, and Department of Health and Human Resources employees to provide Medicaid eligible children with all the school-based Medicaid services for which they are eligible and to ensure that the school-based Medicaid service providers bill for and receive all the Medicaid reimbursement to which they are entitled. The committee shall consist of at least the following individuals: The person within the department of education responsible for coordinating the provision of and billing for school-based Medicaid services in schools throughout the state, who shall provide secretarial, administrative and technical support to the advisory committee; the person within the Department of Health and Human Resources responsible for coordinating the enrollment of Medicaid eligible school children throughout the state; two representatives of regional education services agencies who are experienced with the process of billing Medicaid for school-based health services; two Department of Health and Human Resources employees responsible for supervising employees, two persons jointly appointed by the Secretary of Health and Human Resources and the state superintendent; and one representative of the Governor's task force on school health.

    The School Health Services Advisory Committee shall meet in the first instance at the direction of the state superintendent, select a chairperson from among its members, and meet thereafter at the direction of the chairperson. The committee shall report its findings and recommendations to the state board and Department of Health and Human Resources, which findings shall then be included in the report to the Legislature by the state board and Department of Health and Human Resources provided for in subsection (a) of this section.

    All actual and necessary travel expenses of the members of the committee shall be reimbursed by the member's employing agency, for those members not employed by a state agency, the member's actual and necessary travel expenses shall be paid by the state board. All such expenses shall be reimbursed in the same manner as the expenses of state employees are reimbursed.

    (c) Seven percent from all Medicaid reimbursements received pursuant to this section for services provided after July 1, 2011, is reserved and may be utilized by county boards for the purposes of providing a salary supplement for providers of Medicaid eligible services in the public schools pursuant to section four, article four, chapter eighteen-a of this code.

CHAPTER 18A. SCHOOL PERSONNEL.

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-4. Minimum salary schedule for teachers having specialized training; county salary supplement for providers of Medicaid eligible services.

    (a) The State Board of Education shall establish the minimum salary schedule for teachers where specialized training may be required for vocational, technical and adult education, and such other permits as may be authorized by said board.

    (b) On and after July 1, 1985, any vocational industrial, technical, occupational home economics, or health occupations teacher who is required to hold a vocational certificate and is paid a salary equivalent to the amount prescribed for "A.B. + 15" training classification in the state minimum salary schedule for teachers under section two of this article shall, upon application therefor, receive advanced salary classification and be entitled to increased compensation on and after such date in respect to and based upon additional semester hours, approved by the State Board of Education and completed either prior to or subsequent to such date. All such hours earned must be from a regionally accredited institution of higher education.

    The advanced salary classification shall be as follows:

    (1) Those who have earned fifteen such additional semester hours shall receive an amount equal to that prescribed for the "M.A." training classification under section two of this article.

    (2) Those who have earned thirty such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 15" training classification under section two of this article.

    (3) Those who have earned forty-five such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 30" training classification under section two of this article.

    (4) Those who have earned sixty such additional semester hours shall receive an amount equal to that prescribed for the "M.A. + 45" training classification under section two of this article.

    Any such teacher who has a permanent vocational certificate and who has earned or earns a bachelor's degree prior or subsequent to the issuance of such certificate shall be entitled to receive the amount prescribed for the "M.A. + 30" training classification upon application: Provided, That any such teacher who has a permanent vocational certificate and who has earned or earns fifteen graduate hours prior or subsequent to the issuance of such certificate shall be entitled to receive the amount prescribed for the "M.A. + 45" training classification upon application therefor, such advanced salary to take effect immediately upon qualification therefor: Provided, however, That any vocational teacher receiving the amount prescribed for the "M.A. + 30" training classification under prior enactments of this section who have not been issued a permanent vocational certificate shall not have such salary reduced as a result of this section: Provided further, That any teacher with a vocational certificate and under contract for the school year 1985 through 1986 who has earned a bachelor's degree prior to the end of such school year shall be entitled to receive the amount prescribed for the "M.A. + 30" training classification, upon application therefor, for the school year beginning on the July 1, 1986, and thereafter.

    (c) No teacher holding a valid professional certificate shall incur a salary reduction resulting from assignment out of the teacher's field by the superintendent, with the approval of the county board, under any authorization or regulation of the state board.

    (d) From the percentage of Medicaid reimbursements received by the county board and reserved for utilization for a Medicaid service provider salary supplement pursuant to section five-b, article two, chapter eighteen of this code, each county board shall semiannually distribute a salary supplement to employees of the county who provide Medicaid eligible services. The amount of the supplement to each employee shall be determined by dividing the amount of the reimbursements that are accounted for by each type of Medicaid eligible service during that six-month period equally among all employees who provide that type of Medicaid eligible service.

 

    NOTE: The purpose of this bill is to provide a salary supplement for providers of Medicaid eligible services in the public schools and, additionally, providing the financing therefor.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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