H. B. 4666
(By Delegates Perdue, Hatfield, Border, Moore, Lawrence,
Marshall, Manypenny, Phillips, Eldridge, Lane and C. Miller )
(Originating in the Committee on Health and Human Resources)
[February 24,2010]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-43-1, §16-43-2,
and §16-43-3, all relating to establishing a grant program
for substance abuse prevention, intervention, treatment and
recovery through the Department of Health and Human Resources
and creating a funding mechanism; creating a special revenue
account and creating an Alcohol and Drug Disbursement Board
under the Department of Health and Human Resources.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-43-1, §16-43-2, and
§16-43-3
, all to read as follows:
ARTICLE 43. SUBSTANCE ABUSE PREVENTION, INTERVENTION, TREATMENT AND
RECOVERY.
§16-43-1. Purpose.
The purpose of this article is to take bold, aggressive action
against the substance abuse problems that are pervasive in this
state. Changing the environment in our state that currently permits
the problem to thrive requires the implementation of a well
developed state plan.
§16-43-2. Funding Plan.
Funds, or a portion thereof, from the special revenue account
established in article four-a, chapter nine, section 2a, known as
the "medicaid excess fund", not to exceed $25,000,000 annually,
along with any additional appropriations made by the Legislature,
shall be transferred to the special account in the State Treasury
to be known as the "Prevention, Intervention, Treatment and
Recovery Fund". Expenditures from the fund shall be for the
purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with
appropriation by the legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
fulfillment of the provisions of article two, chapter eleven-b of
this code. Funds shall be expended in a manner consistent with
"the Governor's Comprehensive Strategic Plan to Address Substance
Abuse in West Virginia" and the recommendations of the Partnership
to Promote Community Well-Being. There shall be priority
consideration given to unserved or underserved areas of the state.
There shall be a grant program developed by the Alcohol and Drug
Disbursement Board created herein to be staffed by the Bureau for
Behavioral Health and Health Facilities.
§16-43-3. Creation of the Alcohol and Drug Disbursement Board.
(a) There is hereby created a alcohol and drug disbursement board
who shall make decisions on how the money in the drug prevention,
intervention, treatment and recovery fund created herein is to be
spent to enhance the services available in the state to reduce the
effect of drug abuse on the state. The board shall consist of ten
members and the Secretary of the Department of Health and Human
Resources who shall serve ex officio and be the chair. The board
shall be appointed as follows: One circuit court judge appointed
by the judicial association; one addiction specialist appointed by
the Behavioral Health Provider's Association; one representative of
the Partnership to Promote Community Well-Being; one representative
of the West Virginia Association of Alcohol and Drug Abuse
Counselors; one representative of the West Virginia Association of
Fellowship Homes; one representative of the Bureau of Behavioral
Health and Health Facilities; one representative of the Mental
Health Consumer's Association; one consumer representative of the
Partnership to Promote Community Well-being; one representative of
sheriffs appointed by the West Virginia Sheriffs Association; and
one representative of the State Police appointed by the secretary
of the Department of Military Affairs and Public Safety. All
decisions of the board shall be evidence-based and data driven.
(b) The members of the board shall each serve terms that commence
on the first day of January, two thousand eleven. Of the initial
appointments to the board, four shall serve for two-year terms,
three shall serve for three-year terms and three shall serve for four-year terms. Thereafter, each appointment shall be for a
four-year term commencing upon the expiration of his or her
previous term or of his or her predecessor's term. No member may
be appointed for more than three consecutive terms. Vacancies
shall be appointed in a like manner for the balance of an unexpired
term.
(c)
An annual report shall be prepared for the Legislative
Oversight Commission on Health and Human Resource Accountability to
inform the commission of the methodology used to make funding
decisions and the funding decisions made."
NOTE: The purpose of this bill is to create a funding
methodology to provide substance abuse prevention, intervention,
treatment and recovery services in the state and to create a
special revenue fund.
This is a new article; therefore, underscoring has been
included.
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