COMMITTEE SUBSTITUTE
FOR
H. B. 3181
(By Delegates Ashley, Michael, Mezzatesta, Williams and Stemple)
(Originating in the Committee on Government Organization)
[February 15, 2002]
A BILL to amend and reenact sections one and two, article five-q,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
three, all relating to the James "Tiger" Morton catastrophic
illness fund; the composition, meetings, powers and duties of
the catastrophic illness commission; executive director and
staff; promulgation of rules; investigation of fraud and
abuse; and continuation of the commission.
Be it enacted by the Legislature of West Virginia:
That sections one and two, article five-q, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further
amended by adding thereto a new section, designated section three,
all to read as follows:
ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
§16-5Q-1. Creation of the James "Tiger" Morton catastrophic
illness fund.
There is hereby Moneys in the fund created in the state
treasury, a fund designated the "James 'Tiger' Morton Catastrophic
Illness Fund" Moneys in this fund shall be distributed in
accordance with the provisions of this article. The purpose of
this fund is to provide a source of economic assistance to the
citizens of this state facing catastrophic illness. In addition to
any funds appropriated by the Legislature, the Tiger Morton Fund
may receive donations of cash or property from other sources,
including gifts, grants, or donations from any source whatsoever.
Provided, That expenditures may be made from this fund only upon
appropriation by the Legislature After appropriation by the
Legislature, the catastrophic illness commission may make
expenditures from the fund as necessary to accomplish the purposes
of this article.
§16-5Q-2. Catastrophic illness commission; composition; meetings.
(a) There is hereby created The catastrophic illness
commission The catastrophic illness commission shall be composed
consist of the ombudsman from the department of health and human
resources,
The governor shall appoint the members to the
catastrophic illness commission no later than the thirty-first day
of August, one thousand nine hundred ninety-nine, and the
commission shall hold its first meeting no later than the last day
of September, one thousand nine hundred ninety-nine. The term of
office for each member of the catastrophic illness commission is
five years, except for The terms of office of the first
appointments to the catastrophic illness commission shall be as
follows: The medical doctor and attorney shall be appointed for an initial term of three years; the initial term of the nurse
appointee and the licensed social worker appointee shall be four
years; the initial term of the remaining members of the commission
appointed by the governor shall be five years. No more than five
of the members appointed by the governor may be from the same
political party. Members of the catastrophic illness commission,
may other than the ex officio member, are entitled to receive
expenses only up to one hundred twenty-five dollars per day, not to
exceed fifteen thousand dollars in the aggregate per year. and
The commission shall meet at least quarterly and annually elect a
chairperson. Meetings shall be conducted in accordance with the
provisions of article nine-a, chapter six of this code. Special
meetings may be called. Before discharging any duties, members
shall comply with the oath or affirmation requirements of article
one, chapter six of this code. Members are subject to the ethical
standards and financial disclosure requirements of the West
Virginia Governmental Ethics Act in chapter six-b of this code and
serve at the will and pleasure of the governor as provided in
section four, article six, chapter six of this code.
(b) The purpose of the catastrophic illness commission is to
shall make an annual recommendation to the Legislature regarding appropriations from the catastrophic illness fund. This
recommendation shall be made in writing to the Legislature no later
than the second Wednesday of January, two thousand, and the second
Wednesday of each year thereafter after that.
(c) The commission shall develop internal policies and
guidelines to establish standards for distributions from the James
"Tiger" Morton catastrophic illness fund, and the commission shall
make distributions from the fund in accordance with the guidelines.
(d) The commission shall appoint an executive director whose
compensation will fixed by the commission within its budgetary
appropriation. The executive director shall be classified exempt
and may not be a member of the commission. The executive director
may attend all meetings of the commission, as well as its
committees, but has no vote on decisions or actions of the
commission or its committees. The executive director shall carry
out the decisions and actions of the commission, administer all
affairs of the commission in accordance with its policies and
discharge other duties as the commission shall from time to time
determine. The commission may employ other officers, employees and
clerical assistants as it considers necessary and may fix their
compensation within the amounts made available by appropriation.
(e) The secretary of the department of health and human
resources shall propose legislative rules for promulgation in
accordance with article three, chapter twenty-nine-a of this code
to accomplish the purpose of the James "Tiger" Morton catastrophic
illness fund.
(f) The secretary shall assist the commission in the
investigation of any suspected fraud related to an application for
assistance through the catastrophic illness fund.
§16-5Q-3. Continuation of catastrophic illness commission.
The catastrophic illness commission shall continue to exist
until the first day of July, two thousand five, pursuant to the
provisions of article ten, chapter four of this code, unless sooner
terminated, continued or reestablished pursuant to the provisions
of that article.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added. Section three is new; therefore underscoring has been
omitted.
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