COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 657
(By Senators Prezioso, Jenkins, Wells, Kessler,
Oliverio, Foster and Stollings)
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[Originating in the Committee on Finance;
reported March 1, 2010.]
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A BILL to repeal §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4,
§18-10K-5 and §18-10K-6 of the Code of West Virginia, 1931, as
amended; to amend and reenact §7-14E-2 of said code; and to
amend said code by adding thereto a new article, designated
§16-43-1, §16-43-2 and §16-43-3, all relating to the creation
of programs for the treatment of traumatic brain injury;
creating a special revenue fund; increasing fees for reports
generated by sheriffs' offices; directing fees to the fund;
authorizing the state Medicaid agency to apply for a home- and
community-based waiver to serve eligible individuals; and
authorizing the Bureau of Behavioral Health and Health
Facilities to create and administer a state program for eligible individuals.
Be it enacted by the Legislature of West Virginia:
That §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5,
and §18-10K-6 of the Code of West Virginia, 1931, as amended, be
repealed; that §7-14E-2 of said code be amended and reenacted; and
that said code be amended by adding thereto a new article,
designated §16-43-1, §16-43-2 and §16-43-3, all to read as
follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO
DEPUTY SHERIFF'S RETIREMENT SYSTEM AND THE
TRAUMATIC BRAIN INJURY FUND.
§7-14E-2. Statewide uniform fees for reports generated by sheriff's
offices; dedication of fees.
(a) The county commission of each county in this state shall
set a fee for obtaining certain reports. This fee shall be set at
a minimum of
ten dollars $20 for each report, with a maximum of
twenty dollars $30 for each report. $10 of the charge for each
report shall be deposited into the Deputy Sheriff Retirement Fund
created in section six, article fourteen-d of this chapter.
$10 of
the charge for each report shall be deposited into the Traumatic
Brain Injury Fund created in section two, article forty-three,
chapter sixteen of this code. The reports for which a charge may
be made are traffic accident reports, criminal investigation reports, incident reports and property reports.
(b) All sheriff's offices in this state shall collect a fee of
$5 for performing the following services: Adult private employment
fingerprinting; fingerprinting for federal firearm permits; motor
vehicle number identification; adult identification cards; and
photo-identification cards. Upon collection, these fees shall be
deposited into the Deputy Sheriff Retirement Fund created in
section six, article fourteen-d of this chapter.
(c) All sheriff's offices in this state shall collect a fee of
$5 for each nongovernmental background investigation report. Upon
collection, these fees shall be deposited into the Deputy Sheriff
Retirement Fund created in section six, article fourteen-d of this
chapter.
(d) No charge may be made under this section for any report or
reports made to governmental agencies.
(e) Any county commission which fails to make any payment due
the Deputy Sheriff Retirement Fund
and the Traumatic Brain Injury
Fund by the fifteenth day following the end of each calendar month
in which a fee or other contribution is received by the county's
sheriff may be required to pay the actuarial rate of interest lost
on the total amount owed for each day the payment is delinquent.
Accrual of the loss of earnings owed by the delinquent county
commission commences after the fifteenth day following the end of
the calendar month in which the fee or other contribution is due and continues until receipt of the delinquent amount. Interest
compounds daily and the minimum surcharge is $50.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 43. WEST VIRGINIA TRAUMATIC BRAIN INJURY ACT.
§16-43-1. Traumatic brain injury programs.
(a) The Bureau for Medical Services is hereby authorized to
apply to the Centers for Medicare and Medicaid Services for a
waiver to administer a home and community based services program
for persons with traumatic brain injury who meet the eligibility
requirements for those services.
(b) There is hereby created within the Bureau for Behavioral
Health and Health Facilities, a state program for persons with a
traumatic brain injury. The bureau shall develop the eligibility
requirements for the state program and develop the appropriate
array of services, which may include, but are not limited to, case
management; rehabilitative therapies and services; attendant care;
home accessibility modifications; and family support services. The
array of services may change annually dependent upon the amount of
funding available for the program. This program is limited to
persons with traumatic brain injury who do not meet the eligibility
requirements for the program offered pursuant to subsection (a) of
this section.
(c) For purposes of this article, "traumatic brain injury" is
a nondegenerative, noncongenital insult to the brain caused by an external physical force resulting in total or partial disability
and or psycho-social impairment.
§16-43-2. Fund created; administration of fund.
(a) There is created within the state treasury a special
revenue account to be designated the "Traumatic Brain Injury Fund"
which shall be an interest-bearing account that may be invested and
retain all earnings.
(b) Expenditures from the fund shall be exclusively for the
purposes set forth in this article. Fifty percent of the moneys in
the fund shall be transferred to the Bureau for Medical Services
for certification of the state match for the home and community
based waiver program as authorized in this article. Fifty percent
of the moneys in the fund shall be transferred to the Bureau for
Behavioral Health and Health Facilities for the state program to
provide services for those persons with traumatic brain injury that
are otherwise ineligible for the waiver services.
(c) Nothing in this article may be construed to mandate
additional funding for the traumatic brain injury programs or to
require any additional appropriation by the Legislature.
§16-43-3. Limitations and priorities for use of the state program
funds.
The Bureau for Behavioral Health and Health Facilities shall
establish priorities and criteria for the provision of services in
the state program. In all instances, moneys expended for the state program shall be as a payer of last resort and only for citizens of
this state. An eligible individual shall use comparable benefits
and services that are available prior to the expenditure of moneys
available to that individual through the fund.