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Introduced Version House Bill 2510 History

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hb2510 intr
H. B. 2510


          (By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
          [By Request of the Executive]
          [Introduced February 15, 2013; referred to the
          Committee on Health and Human Resources then Finance.]



A BILL to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended, and to amend and reenact §24A-1-3 of said code, all relating to creating a vendor transportation program within the Department of Health and Human Resources to transport Medicaid patients for nonemergency transportation services; requiring that the Secretary of the Department of Health and Human Resources report on the effectiveness of the program to the Legislative Oversight Commission on Health and Human Resources Accountability; exempting motor vehicles used by, or on behalf of, the Department of Health and Human Resources in connection with the vendor transportation program from the jurisdiction of the Public Service Commission; providing a safety and insurance exception to this exemption; and making technical changes.
Be it enacted by the Legislature of West Virginia:
     That §9-2-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted, and that §24A-1-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 9. HUMAN SERVICES.

ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-9. Secretary to develop medicaid monitoring and case management.
  (a) The Secretary of the Department of Health and Human Resources shall:
  (1) Develop a managed care system to monitor the services provided by the Medicaid program to individual clients;
  (2) Develop an independent referral service, including the review of individual cases for abuses of the program; and
  (3) Develop a schedule for implementation of the managed care and independent referral system. The managed care system shall focus on, but not be limited to, the behavioral health and mental health services.
  (b) In addition thereto, and in accordance with applicable federal Medicaid laws, the secretary shall prepare recommendations, to be submitted to the Joint Committee on Government and Finance. In developing recommendations the secretary shall consider as options the following:
  (1) Review of Medicaid services which are optional under federal Medicaid law and identification of services to be retained, reduced or eliminated;
  (2) The elimination, reduction or phase-out of: (i) Services which are not generally available to West Virginia citizens not covered under the state's Medicaid program; or (ii) services which are not generally covered under group policies of insurance made available to employees of employers within the state;
  (3) The elimination or reduction of services, or reduction of provider reimbursement rates, for identified services of marginal utility;
  (4) Higher reimbursement rates for primary and preventive care;
  (5) Changes in fee structure, which may include a system of prospective payments, and may include establishment of global fees for identified services or diagnoses including maternity care;
  (6) Utilization caps for certain health care procedures;
  (7) Restriction of coverage for cosmetic procedures;
  (8) Identification of excessive use of certain health care procedures by individuals and a policy to restrict excessive use;
  (9) Identification of services which reduce the need for more costly options for necessary care and retention or expansion of those programs;
  (10) Identification of services for which preauthorization is a requirement for medicaid reimbursement;
  (11) Recommendations relating to the development of a demonstration project on long-term care, which demonstration project may be limited to patients with Alzheimer's disease;
  (12) A policy concerning the department's procedures for compliance, monitoring and inspection; and
  (13) Such other options as may be developed.
  (c) The secretary shall utilize in-state health care facilities for inpatient treatment when such facilities are available. Prior authorization, consistent with applicable federal law, shall be required for out-of-state inpatient treatment.
  (d) The secretary shall report to the Joint Committee on Government and Finance on the development and implementation of Medicaid programs that provide incentives to working persons. The secretary shall consider: Subsidies for low income working persons; individual or small employer buy-ins to the State Medicaid Fund; prospective payment systems for primary care physicians in underserved areas; and a system to improve monitoring of collections, expenditures, service delivery and utilization.
  (e) The secretary shall report quarterly to the Joint Committee on Government and Finance regarding provider and facility compliance with federal and state Medicaid laws, including, but not limited to, the following: The number of inspections conducted during the previous quarter; description of programs, services and facilities reviewed; findings; and recommendations for corrections.
  (f) The secretary shall, upon federal certification of the claims management system, ensure that the claims management system processing Medicaid claims provides:
  (1) Detailed quarterly financial reports to the Legislative Oversight Commission on Health and Human Resources Accountability;
  (2) A management reporting system no later than July 1, 2006; and
  (3) Specific utilization data by provider, member eligibility groups and service no later than October 1, 2006.
  (g) The secretary shall develop a vendor transportation program for the transportation of Medicaid clients to covered services pursuant to written agreements with contracted transportation vendors. The secretary shall report to the Legislative Oversight Commission on Health and Human Resources Accountability one year after the implementation of the vendor transportation program on the effectiveness of the use of contracted transportation vendors, the impact on the state Medicaid budget and the impact on public transit and emergency medical transportation squads.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.

ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.
§24A-1-3. Exemptions from chapter.

  The provisions of this chapter, except where specifically otherwise provided, do not apply to:
  (1) Motor vehicles operated exclusively in the transportation of United States mail or in the transportation of newspapers: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the commission;
  (2) Motor vehicles owned and operated by the United States of America, the State of West Virginia or any county, municipality or county board of education, urban mass transportation authority established and maintained pursuant to article twenty-seven, chapter eight of this code, or by any of their departments, and any motor vehicles operated under a contract with a county board of education exclusively for the transportation of children to and from school or other legitimate transportation for the schools as the commission may specifically authorize;
  (3) Motor vehicles used exclusively in the transportation of agricultural or horticultural products, livestock, poultry and dairy products from the farm or orchard on which they are raised or produced to markets, processing plants, packing houses, canneries, railway shipping points and cold storage plants, and in the transportation of agricultural or horticultural supplies to farms or orchards where they are to be used: Provided, That the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the safety and insurance rules promulgated by the commission;
  (4) Motor vehicles used exclusively in the transportation of human or animal excreta;
  (5) Motor vehicles used exclusively in ambulance service or duly chartered rescue squad service;
  (6) Motor vehicles used exclusively for volunteer fire department service;
  (7) Motor vehicles used exclusively in the transportation of coal from mining operations to loading facilities for further shipment by rail or water carriers: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
  (8) Motor vehicles used by petroleum commission agents and oil distributors solely for the transportation of petroleum products and related automotive products when the transportation is incidental to the business of selling the products: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
  (9) Motor vehicles owned, leased by or leased to any person and used exclusively for the transportation of processed source-separated recycled materials, generated by commercial, institutional and industrial customers, transported free of charge from the customers to a facility for further processing: Provided, That the vehicles and their operators shall be are subject to the safety rules promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
  (10) Motor vehicles specifically preempted from state economic regulation of intrastate motor carrier operations by the provisions of 49 U.S.C. § 14501 as amended by Title I, Section 103 of the federal "Interstate Commerce Commission Termination Act of 1995:" Provided, That the vehicles and their operators are subject to the safety regulations promulgated by the commission and the vehicles that are exempted by this subdivision and are also operated by common carriers by motor vehicle or contract carriers by motor vehicle and their operators are subject to the insurance rules promulgated by the commission;
  (11) Motor vehicles designated by the West Virginia Bureau of Senior Services for use and operation by local county aging programs: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the commission;
  (12) Motor vehicles designated by the West Virginia Division of Public Transit operated by organizations that receive federal grants from the federal transit administration: Provided, That the vehicles and their operators are subject to the safety and insurance rules promulgated by the commission; and
__
(13) Motor vehicles designated by the West Virginia Department of Health and Human Resources, one or more of its bureaus, or its contracted transportation vendors for use and operation solely to transport Medicaid clients to covered services pursuant to the vendor transportation program set forth in subsection (g), section nine, article two, chapter nine of this code: Provided, That the vehicles and their operators are subject to the safety and insurance rules promulgated by the commission.



  NOTE: The purpose of this bill is to create a Medicaid vendor transportation program that exempts Department of Health and Human Resources motor vehicles used solely to transport Medicaid clients from the jurisdiction of the Public Service Commission. The bill provides that those vehicles are subject to the commission's safety and insurance rules. The program requires written agreements with contracted transportation vendors. The bill also requires the Secretary of the Department of Health and Human Resources to report the effectiveness of the program to the Legislative Oversight Commission on Health and Human Resources Accountability after one year.

  Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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