SB19 Sub1 enr
Senate Bill No. 19
(Senator Kessler, original sponsor)
[Passed April 7, 2005; in effect ninety days from passage.]
AN ACT to repeal §9-4-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §9-2-6 of said code,
relating to elimination of the dormant Advisory Board for the
Secretary of the Department of Health and Human Resources; and
adding within the Department of Health and Human Resources the
Office of Inspector General.
Be it enacted by the Legislature of West Virginia:
That §9-4-1 of the Code of West Virginia, 1931, as amended, be
repealed; and that §9-2-6 of said code be amended and reenacted to
read as follows:
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
§9-2-6. Powers of Secretary.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws and regulations,
the Secretary, in addition to all other powers, duties and
responsibilities granted and assigned to that office in this
chapter and elsewhere by law, is authorized and empowered to:
(1) Promulgate, amend, revise and rescind Department rules
respecting the organization and government of the Department and
the execution and administration of those powers, duties and
responsibilities granted and assigned by this chapter and elsewhere
by law to the Department and the Secretary.
(2) Promulgate, amend, revise and rescind Department rules and
regulations respecting qualifications for receiving the different
classes of welfare assistance consistent with or permitted by
federal laws, rules and policies, but not inconsistent with state
law: Provided, That such rules and policies respecting
qualifications shall permit the expenditure of state funds to pay
for care rendered in any birthing center licensed under the
provisions of article two-e, chapter sixteen of this code by a
licensed nurse midwife or midwife as this occupation is defined in
section one, article fifteen, chapter thirty of this code and which
care is within the scope of duties for such licensed nurse midwife
or midwife as permitted by the provisions of section seven of said
(3) Obtain by purchase or lease such grounds, buildings,
office or other space, equipment, facilities and services as may be
necessary for the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter
and elsewhere by law to the Department and the Secretary.
(4) Sign and execute in the name of the state by the state
Department of Health and Human Resources any contract or agreement
with the federal government or its agencies, other states,
political subdivisions of this state, corporations, associations,
partnerships or individuals.
(5) Establish such special funds as may be required by the
federal Social Security Act, as amended, or by any other Act or
Acts of Congress, in order for this state to take full advantage of
the benefits and provisions thereof relating to the federal-state
assistance and federal assistance programs administered by the
Department and to make payments into and disbursements out of any
such special fund or funds in accordance with the requirements of
the federal Social Security Act, as amended, or any other Act or
Acts of Congress, and in accordance with applicable state law and
the objects and purposes of this chapter. In addition, the state
Department of Health and Human Resources, through the Secretary, is
hereby authorized to accept any and all gifts or grants, whether in
money, land, services or materials, which gift or gifts, if in the
form of moneys, shall be placed in a separate fund and expended
solely for the purpose of public assistance programs. No part of
this special fund shall revert to the general revenue funds of this
state. No expenses incurred pursuant to this special fund shall be
a charge against the general funds of this state.
(6) Establish within the Department an Office of Inspector
General for the purpose of conducting and supervising
investigations and for the purpose of providing quality control for
the programs of the Department. The Office of Inspector General
shall be headed by the Inspector General who shall report directly
to the Secretary. Neither the Secretary nor any employee of the
Department may prevent, inhibit or prohibit the Inspector General
or his or her employees from initiating, carrying out or completing
any investigation, quality control review or other activity
oversight of public integrity by the Office of the Inspector General. The Secretary shall place within the Office of Inspector
General any function he or she deems necessary. Qualification,
compensation and personnel practice relating to the employees of
the Office of the Inspector General, including that of the position
of Inspector General, shall be governed by the classified service
provisions of article six, chapter twenty-nine of this code and
rules promulgated thereunder. The Inspector General shall
supervise all personnel of the Office of Inspector General.
(7) Provide at Department expense a program of continuing
professional, technical and specialized instruction for the
personnel of the Department.
(8) Pay from available funds all or part of the reasonable
expenses incurred by a person newly employed by the Department in
moving his household furniture, effects and immediate family from
his or her place of residence in this state to his or her place of
employment in this state; and to pay from available funds all or
part of the reasonable expenses incurred by a Department employee
in moving his or her household furniture, effects and immediate
family as a result of a reassignment of the employee which is
considered desirable, advantageous to and in the best interests of
the state, but no part of the moving expenses of any one such
employee shall be paid more frequently than once in twelve months
or for any movement other than from one place of employment in this
state to another place of employment in this state.
(9) Establish and maintain such institutions as are necessary
for the temporary care, maintenance and training of children and
(10) Prepare and submit state plans which will meet the requirements of federal laws, rules governing federal-state
assistance and federal assistance and which are not inconsistent
with state law.
(11) Organize within the Department a Board of Review,
consisting of a Chairman appointed by the Secretary and as many
assistants or employees of the Department as may be determined by
the Secretary and as may be required by federal laws and rules
respecting state assistance, federal-state assistance and federal
assistance, such Board of Review to have such powers of a review
nature and such additional powers as may be granted to it by the
Secretary and as may be required by federal laws and rules
respecting federal-state assistance and federal assistance.
(12) Provide by rules such review and appeal procedures within
the Department of Health and Human Resources as may be required by
applicable federal laws and rules respecting state assistance,
federal-state assistance and federal assistance and as will provide
applicants for, and recipients of all, classes of welfare
assistance an opportunity to be heard by the Board of Review, a
member thereof, or individuals designated by the Board, upon claims
involving denial, reduction, closure, delay or other action or
inaction pertaining to public assistance.
(13) Provide by rules, consistent with requirements of
applicable federal laws and rules, application forms and
application procedures for the various classes of public
(14) Provide locations for making applications for the various
classes of public assistance.
(15) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of any
class of public assistance.
(16) Delegate to the personnel of the Department all powers
and duties vested in the Secretary, except the power and authority
to sign contracts and agreements.
(17) Make such reports in such form and containing such
information as may be required by applicable federal laws and rules
respecting federal-state assistance and federal assistance.
(18) Invoke any legal, equitable or special remedies for the
enforcement of the provisions of this chapter.