H. B. 2369
(By Delegates M. Poling and Paxton)
[Introduced January 11, 2012; referred to the
Committee on Health and Human Resources then Government Organization.]
A BILL to amend and reenact §9-2-6a of the Code of West Virginia, 1931, as amended, relating to an increase in human resource budgets for program areas; developing caseload standards for the Department of Health and Human Resources program areas; requiring the proposal of rules for legislative approval by the secretary on or before June 30, 2011; providing for periodic review of caseload standards; requiring caseload standards committees to comply with open meeting laws; clarifying that employee representatives may serve an advisory role to a caseload standards committee; establishing maximum staffing caseloads; providing that caseload standards be adopted using recognized standards for each program area; providing that caseload standards may be used to justify budget requests; and making stylistic corrections.
Be it enacted by the Legislature of West Virginia:
That §9-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 9. COMMISSIONER OF HUMAN SERVICES; SECRETARY OF HEALTH AND HUMAN RESOURCES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-6a. Commissioner Secretary to develop caseload standards; committee; definitions.
The commissioner shall develop (a) On or before June 30, 2011, the secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, specifying program caseload standards based on the actual duties of employees in each program area of each agency, bureau and division within the department and which may take into consideration existing professional caseload standards for each position and classification. Standards shall be reasonable and achievable.
(b) A caseload standards committee shall be established and composed of two employees from each program area in each region. The members shall be elected by the employees from each program area from among all the employees in the program area. a subcommittee composed of the members from each program of services provided On or before May 1, 2011, each program area caseload standards committee shall meet with the appropriate office director to develop caseload standards for each program. The committee shall meet at least twice yearly to review the effectiveness of the caseload standards adopted pursuant to this section and shall report recommendations to the commissioner through the personnel advisory committee representative under existing procedures secretary through the caseload standards committee established pursuant to this section.
(c) All meetings of the caseload standards committee are subject to the open government meeting requirements of article nine-a, chapter six of this code. Representatives of an employee organization may serve in an advisory role on all caseload standards committees.
The caseload standards which are developed establishing minimum and maximum caseloads shall be advisory for the department in the hiring of staff and in individual caseload assignments, and may be used as a basis of the Department of Health and Human Resources personal services budget request to the Governor and the Legislature.
(d) All caseload standards developed as required by this section shall establish, at a minimum, the maximum level of staff to patient caseloads and the maximum level of staff to client caseloads. Caseload standards may use any professional caseload standard guidelines established by professional organizations as these are applicable to a program area and may not exceed a maximum average threshold of the recognized applicable professional caseload standards for any program area.
(e) Caseload standards established pursuant to this section may be used by the secretary as a basis for requesting increases to any Department of Health and Human Resources program area budget in order to meet the staff census levels as specified by caseload standards adopted pursuant to this section.
(f) As used in this section:
(1) "Caseload standards" means a measurable, numerical minimum and maximum workload which an employee can reasonably be expected to perform in a normal workday or workweek, based on the number, variety and complexity of cases handled or number of different job functions performed.
(2) "Professional caseload standards" means standards established by national standard setting authorities when they these exist or caseload standards used in other states which have similar job titles.
NOTE: The purpose of this bill is to require the Secretary of the Department of Health and Human Resources to propose rules for legislative approval on or before June 30, 2011, to establish caseload standards for the program areas within the department and to provide for periodic review of caseload standards; require caseload standards committees to comply with open meeting laws; clarify that employee representatives may serve an advisory role to a caseload standards committee; establish maximum staffing caseloads; provide that caseload standards be adopted using recognized standards for each program area; and provide that caseload standards may be used to justify budget requests.
Strike-throughs indicate language that would be stricken from the present law, underscoring indicates language that would be added.