H. B. 3189
(By Delegates Ennis and Staggers)
[Introduced February 22, 2007; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §49-7-33 of the Code of West Virginia,
1931, as amended, relating to payment of services in certain
child or juvenile proceedings.
Be it enacted by the Legislature of West Virginia:
That §49-7-33 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-33. Payment of services.
At any time during any proceedings brought pursuant to
articles five and six of this chapter, the court may upon its own
motion, or upon a motion of any party, order the West Virginia
Department of Health and Human Resources to pay for professional
services rendered by a psychologist, psychiatrist, physician,
therapist or other health care professional to a child or other
party to the proceedings. Professional Services include but are not limited to, treatment, therapy, counseling, evaluation, report
preparation, consultation and preparation of expert testimony
health care and nonhealth care related services, excluding fees
relating to in-court expert testimony. The West Virginia
Department of Health and Human Resources shall set the fee schedule
for such services in accordance with the Medicaid rate, if any, or
the customary rate of such service and adjust the schedule
scheduled rate as appropriate. Every such psychologist,
psychiatrist, physician, therapist or other health care
professional individual or entity, including out-of-state providers
providing such service shall be paid by the West Virginia
Department of Health and Human Resources upon completion of
services and submission of a final report or other information and
documentation as required by the policies and procedures
implemented by the West Virginia Department of Health and Human
Resources.
(b) Any individual or entity providing services, including
out-of-state providers, pursuant to a court order or otherwise, and
who is not a Medicaid approved provider or any other approved
provider of Department of Health and Human Resources, shall only be
paid the state's share of such costs if such service qualifies as
a Medicaid reimbursable service, or at the customary rate set by
the Department of Health and Human Resources, as the case may be.
NOTE: The purpose of this bill is to, in certain child or
juvenile proceedings: (1) Expand the definition of services to
include nonhealth care related services; (2) provide for the
payment of services rendered; and (3) prevent nonapproved providers
from seeking payments above the Medicaid rate or the customary rate
set by the Department.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.