H. B. 2984
(By Delegates Marshall, Hatfield,
Spencer and Manchin)
[Introduced January 9, 2008; referred to the
Committee on Finance.]
A BILL to amend and reenact §27-2A-1 of the Code of West Virginia,
1931, as amended, relating to authorizing a cost-of-living
adjustment for comprehensive community mental health
providers.
Be it enacted by the Legislature of West Virginia:
That §27-2A-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2A. MENTAL HEALTH-MENTAL RETARDATION CENTERS.
§27-2A-1. Comprehensive community mental health-mental retardation
centers; establishment, operation and location; access
to treatment.
(a) For purposes of this section, the following terms have the
meanings as indicated:
(1) "Comprehensive community behavioral health care provider"
means a community-based program approved by the Department of Health and Human Resources.
(2) "Eligible individual" means a Medicaid recipient or an
individual who receives behavioral health services subsidized in
whole or in part by the state.
(a)(b) The Director of the Department of Health and Human
Resources is authorized and directed to establish, maintain and
operate comprehensive community mental health centers and
comprehensive mental retardation facilities, at such locations
within the state as may be determined by the director in accordance
with the state's comprehensive mental health plan and the state's
comprehensive mental retardation plan. Such facilities may be
integrated with a general health care or other facility or remain
separate as the board Department of Health and Human Resources may
by rules and regulations prescribe: Provided, That nothing
contained herein shall be construed to allow the Department of
Health and Human Resources to assume the operation of comprehensive
regional mental health centers or comprehensive mental retardation
facilities which have been heretofore established according to law
and which, as of the effective date of this article, are being
operated by local nonprofit organizations.
(b) (c) Any new mental health centers and comprehensive mental
retardation facilities herein provided for may be operated and
controlled by the Department of Health and Human Resources
or
operated, maintained and controlled by local nonprofit organizations and licensed according to rules and regulations
promulgated by the board Department of Health and Human Resources.
All comprehensive regional mental health and mental retardation
facilities licensed in the state shall:
(1) Have a written plan for the provision of diagnostic,
treatment, supportive and aftercare services, and written policies
and procedures for implementing these services;
(2) Have sufficient employees appropriately qualified to
provide these services;
(3) Maintain accurate medical and other records for all
patients receiving services;
(4) Render outpatient services in the aftercare of any patient
discharged from an inpatient hospital, consistent with the needs of
the individual. No person who can be treated as an outpatient at
a community mental health center shall be admitted involuntarily
into a state hospital.
(5) Have a chief administrative officer directly responsible
to a legally constituted board of directors of a comprehensive
mental health or mental retardation facility operated by a local
nonprofit organization, or to the Director of the Department of
Health and Human Resources comprehensive mental health or mental
retardation center or facility is operated by the Department of
Health and Human Resources; and
(6) Have a written plan for the referral of patients for evaluation and treatment for services not provided.
The state's share of costs of operating such facilities may be
provided from funds appropriated for this purpose within the budget
of the Department of Health and Human Resources. The director
shall administer these funds among all comprehensive mental health
and mental retardation facilities as may be required to best
provide comprehensive community mental health care and services to
the citizens of the state.
After the first day of July, but not later than the first day
of August of each year, the chief administrative officer of each
comprehensive regional mental health center and mental retardation
facility shall submit a report to the Director of the Department of
Health and Human Resources and to the legislative Auditor
containing a listing of:
(1) All funds received by the center or facility;
(2) All funds expended by the center or facility;
(3) All funds obligated by the center or facility;
(4) All services provided by the center or facility;
(5) The number of persons served by the center or facility;
and
(6) Other information as the board Department of Health and
Human Resources shall by regulation prescribe.
(d) Notwithstanding any other provisions of this code to the
contrary, the department shall reimburse a comprehensive community behavioral health care provider for approved services rendered to
an eligible individual as provided in this section.
(e) In each fiscal year in which the Department of Revenue
estimates or projects a personal income growth of two percent or
more:
(1) The fees paid by the department to a comprehensive
community behavioral health care provider for approved services
rendered to an eligible individual shall be adjusted annually by
the rate of change in the medical component of the Consumer Price
Index for All Consumers published by the United States Department
of Labor for West Virginia; and
(2) The annual rate of change may not exceed a maximum rate of
five percent.
(f) This amendment shall take effect the first day of July,
two thousand seven.
NOTE: The purpose of this bill is to provide a cost-of-living
adjustment for comprehensive community mental health care
providers.
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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