COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 687
(By Senators Prezioso, Stollings, Foster, Plymale, Unger and
Kessler)
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[Originating in the Committee on Government Organization;
reported March 31, 2009.]
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A BILL to amend and reenact §16-42-3, §16-42-5, §16-42-6 and §16-
42-7 of the Code of West Virginia, 1931, as amended, all
relating to the Comprehensive Behavioral Health Commission;
reestablishing the Comprehensive Behavioral Health Commission
and Advisory Board; reporting requirements; and terminating
the Comprehensive Behavioral Health Commission and Advisory
Board.
Be it enacted by the Legislature of West Virginia:
That §16-42-3, §16-42-5, §16-42-6 and §16-42-7 of the Code of
West Virginia, 1931, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.
§16-42-3. Comprehensive Behavioral Health Commission.
(a)
There is created Effective May 1, 2009, the Comprehensive Behavioral Health Commission is reestablished within the Department
of Health and Human Resources
the Comprehensive Behavioral Health
Commission to
continue the study
of the current behavioral health
system, including substance abuse and domestic violence when those
conditions have an effect upon or are impacted by the system.
(b) The commission consists of:
(1) A representative of the circuit and family court system,
as appointed by the Chief Justice of the West Virginia Supreme
Court of Appeals;
(2) A representative of the Commissioner of the Division of
Corrections;
(3) The Commissioner of the Bureau of Senior Services
or a
designee;
(4) The Secretary of the Department of Health and Human
Resources
or a designee;
(5) The Commissioner of the Bureau for Behavioral Health and
Health Facilities
or a designee;
(6) The Commissioner of the Bureau for Children and Families
or a designee;
(7) The Executive Director of the West Virginia Chapter of the
National Alliance on Mental Illness
or a designee;
(8) The Chancellor for Higher Education
or a designee;
and
(9) One physician with a speciality in psychiatry appointed by
the Governor from a list provided by the West Virginia Medical
Association;
Each ex officio member may appoint a designee.
(10) One member of the House of Delegates,
who is a nonvoting member, appointed by the Speaker; and
(11) One member of the Senate,
who is a nonvoting member,
appointed by the President.
serve as non-voting members The
Governor shall appoint a chairperson.
(c) The commission shall meet at times and places as it finds
necessary and shall be staffed by the Bureau for Behavioral Health
and Health Facilities and the Health Care Authority.
(d)
An Effective May 1, 2009, the advisory board
shall be
created is reestablished to serve in a consulting role to the
commission
members. The advisory board with the following members
shall be appointed by the Governor
as follows:
(1) One member from a list provided by the West Virginia
Chapter of the National Association of Social Workers;
(2) One member from a list provided by the West Virginia
Hospital Association;
(3) One member who is a psychologist from a list provided by
the West Virginia Psychological Association;
(4) One citizen member from a list of two nominees from each
medical school;
(5) One member from a list of five nominees provided by the
Primary Care Association;
(6) One member from a list provided by the West Virginia
Behavioral Healthcare Providers Association;
(7) One member from a list provided by the West Virginia Child
Care Association; and
(8) One member from a list provided by the Council of Churches.
(e) Those persons serving on the commission and the advisory
board on January 1, 2009, may continue serving on the reestablished
commission and advisory board and the person so designated as
chairperson of the commission shall remain as chairperson.
(e) (f) Each member of the commission and advisory board is
entitled to receive compensation and expense reimbursement for
attending official meetings or engaging in official duties not to
exceed the amount paid to members of the Legislature for their
interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law. A commission member
may not receive compensation for travel days that are not on the
same day as the official meeting or official duties.
§16-42-5. Report.
The commission shall submit a
preliminary report
of its
progress in on its study,
including recommendations, to the
Governor and the Legislature by
the first day of January, two
thousand seven and a final report including its recommendations by
the first day of January, two thousand eight. The Department of
Health and Human Resources shall submit a report to the Governor
and the Legislature by the first day of July, two thousand eight
regarding implementation of the recommendations of the commission.
The department shall report no less than quarterly to the
Legislative Oversight Commission on Health and Human Resources
Accountability January 1, 2011.
§16-42-6. Certificate of need standards.
Pursuant to the provisions of article two-d of this chapter,
the West Virginia Health Care Authority shall provide the
commission with information needed to complete the study required
in this article. The staff of the authority shall work jointly
with the staff of the Bureau for Behavioral Health and Health
Facilities in providing services to the commission. The commission
shall make recommendations in its
final report relating to the
certificate of need standards.
§16-42-7. Termination of commission.
The commission
ceases to exist on the thirty-first day of
January, two thousand nine, or after the submission of the
commission's final report, whichever occurs first and advisory
board terminate on June 30, 2011.
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