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Introduced Version House Bill 2404 History

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hb2404 intr
H. B. 2404


(By Delegates Leach, Michael, Varner,

Anderson and Browning)

[Introduced February 16, 2005; referred to the

Committee on Government Organization then Finance.]




A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-5E-9e , relating to the use of federal funds for youth in the custody of the Division of Juvenile Services; requiring state plans and memoranda of understanding; and exempting the Division of Juvenile Services from the review process required when obtaining a certificate of need.

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 section, designated §49-5E-9e , to read as follows:

ARTICLE 5E. DIVISION OF JUVENILE SERVICES.

§49-5E-9e. Coordination between the Division and the Department of
Health and Human Resources relating to the provision of health services and the use of federal funds; provisions for certificate of need.

(a) In order to maximize the federal funds available to the youth of the State, the Legislature finds that it is necessary for the Division of Juvenile Services to be eligible for federal funds available to the greatest extent possible.

(b) On or before the first day of October, two thousand five, the Secretary of the Department of Health and Human Resources and the Secretary of the Department of Military Affairs and Public Safety shall establish a state health plan or plans and enter any required memoranda of understanding whereby the Division of Juvenile Services would be eligible for federal funds for youth in the division's custody, including eligibility for federal funds available to the State pursuant to the federal Social Security Act and medicaid. The secretaries shall submit the plan or plans and any memoranda of understanding to the Joint Committee on Government and Finance by the first day of October, two thousand five.

(c) Notwithstanding the provisions of article two-d, chapter sixteen of this code, the health care authority shall issue a certificate of need upon request by the Division without the review required by article two-d, chapter sixteen.

(d) Beginning in April, two thousand five, the Secretary of the Department of Health and Human Resources and the Secretary of the Department of Military Affairs and Public Safety shall report monthly on the progress toward the requirements of subsection (a) of this section to the joint standing committee on finance.




NOTE: The purpose of this bill is to direct the Department of Health and Human Resources, Department of Military Affairs and Public Safety to prepare plans and memoranda of understanding relating to make the Division of Juvenile Services eligible for federal funds for youth in the custody of the Division of Juvenile Services.

§49-5E-9e is new; therefore, strike-throughs and underscoring have been omitted.
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