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WEST virginia legislature
2024 regular session
Committee Substitute
for
House Bill 4908
By Delegate Summers
[Originating in the Committee on Health and Human Resources; Reported on January 22, 2024]
A BILL to amend and reenact §9-2-6 of the Code of West Virginia, 1931, as amended, to amend and reenact §16-1-3 of said code; and to amend and reenact §26-1-3 of said code, all relating to exempting certain contracts from purchasing; permitting the state agencies to contract with a West Virginia public health institute; permitting the state agencies to contract with West Virginia University; permitting the state agencies to contract with West Virginia School of Osteopathic Medicine; permitting the state agencies to contract with Marshall University; and removing outdated provisions from the code.
Be it enacted by the Legislature of West Virginia:
In addition to the authority provided in §5F-2-2 of this code, the secretary shall:
(1) Coordinate efforts with the Secretary of Health and the Secretary of Health Facilities, including authority to share the expense of administrative services through a memorandum of understanding established by agreement of the secretaries as required under §5F-2-1a of this code;
(2) Promulgate, amend, revise, and rescind legislative rules and policies respecting qualifications for receiving assistance consistent with or permitted by federal laws, rules, and policies, but not inconsistent with state law: Provided, That rules and policies respecting qualifications shall permit the expenditure of state funds to pay for care rendered in any birthing center licensed under the provisions of §16-2E-1 et seq. of this code by a licensed nurse midwife or midwife as this occupation is defined in §30-15-7 of this code and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by §30-15-7 of this code;
(3) Obtain by purchase or lease grounds, buildings, office, or other space, equipment, facilities, and services as may be necessary for the execution and administration of the secretary's powers: Provided, That the provisions of §5A-10-1 et seq. of this code are followed;
(4) Contract with the federal government or its agencies, other states, political subdivisions of this state, corporations, associations, partnerships, or individuals: Provided, That the provisions of §5A-3-1 et seq. of this code are followed;
(5) Contract to implement professional health care, managed care, actuarial and health care-related monitoring, quality review/utilization, claims processing, and independent professional consultant contracts for the Medicaid program: Provided, That the provisions of §5A-3-1 et seq. of this code are followed.
(6) Accept gifts or grants, whether in money, land, services, or materials, which gift or gifts, if in the form of moneys, shall be placed in a separate fund and expended solely for the purpose of public assistance programs. No part of this special fund may revert to the general revenue funds of this state. No expenses incurred pursuant to this special fund may be a charge against the general funds of this state;
(7) Establish within the department an Office of Inspector General for the purpose of conducting and supervising investigations, performing inspections, evaluations, and review, and providing quality control for the programs of the department. The Office of Inspector General shall be headed by the Inspector General who shall report directly to the secretary. Neither the secretary nor any employee of the department may prevent, inhibit, or prohibit the Inspector General or his or her employees from initiating, carrying out, or completing any investigation, inspection, evaluation, review, or other activity oversight of public integrity by the Office of the Inspector General. The secretary shall place within the Office of Inspector General any function he or she deems necessary. Qualification, compensation, and personnel practice relating to the employees of the Office of the Inspector General, including that of the position of Inspector General, shall be governed by the classified service provisions of §29-6-1 et seq. of this code and rules promulgated thereunder. The Inspector General shall supervise all personnel of the Office of Inspector General: Provided, That beginning January 1, 2024, the provisions of this subdivision expire and shall be superseded by the provisions of §16-1-22 of this code.
(8) Provide at department expense a program of continuing professional, technical, and specialized instruction for the personnel of the department;
(9) (8) Pay from available funds all or part of the reasonable expenses incurred by a person newly employed by the department in moving his household furniture, effects, and immediate family from his or her place of residence in this state to his or her place of employment in this state; and to pay from available funds all or part of the reasonable expenses incurred by a department employee in moving his or her household furniture, effects, and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state, but no part of the moving expenses of any one such employee may be paid more frequently than once in 12 months or for any movement other than from one place of employment in this state to another place of employment in this state;
(10) (9) Establish a program to provide reimbursement to employees of the department whose items of personal property, as defined by the department by policy, are damaged during the course of employment or other work-related activity as a result of aggressive behavior by a client or patient receiving services from the department: Provided, That the reimbursement is limited to a maximum amount of $250 per claim;
(11) (10) Prepare and submit state plans which will meet the requirements of federal laws, rules governing federal-state assistance, and federal assistance, and which are not inconsistent with state law;
(12) Organize within the department a board of review, consisting of a chairman appointed by the secretary and as many assistants or employees of the department as may be determined by the secretary and as may be required by federal laws and rules respecting state assistance, federal-state assistance, and federal assistance, the board of review to have such powers of a shall review nature and such additional powers as may be granted to it by the secretary and as may be required by federal laws and rules respecting federal-state assistance and federal assistance: Provided, That beginning January 1, 2024, the provisions of this subdivision expire and shall be superseded by the provisions of §16-1-22 of this code.
(13) Provide by rules, review and appeal procedures within the department of Health and Human Resources as may be required by applicable federal laws and rules respecting state assistance, federal-state assistance, and federal assistance, and as will provide applicants for, and recipients of, all classes of welfare assistance an opportunity to be heard by the board of review, a member thereof, or individuals designated by the board, upon claims involving denial, reduction, closure, delay, or other action or inaction pertaining to public assistance: Provided, That beginning January 1, 2024, the provisions of this subdivision expire and shall be superseded by the provisions of §16-1-22 of this code.
(14) (11) Provide by rules, consistent with requirements of applicable federal laws and rules, application forms and application procedures for public assistance;
(15) (12) Provide locations for making applications for public assistance;
(16) (13) Provide a citizen or group of citizens an opportunity to file objections and to be heard upon objections to the grant of public assistance;
(17) (14) Delegate to the personnel of the department all powers and duties vested in the secretary;
(18) (15) Make reports as may be required by applicable federal laws and rules respecting assistance;
(19) (16) Invoke any legal, equitable, or special remedies for the enforcement of the provisions of this chapter;
(20) (17) Require a provider, subgrantee, or other entity performing services on behalf of the department to comply with all applicable laws, rules, and written procedures pertaining to the program for which the entity is providing or coordinating services, including, but not limited to, policy manuals, statements of work, program instructions, or other similar agreements. When submitting a claim for payment, the entity shall certify that it has complied with all material conditions for payment. Knowingly and intentionally submitting a claim or billing for services performed in material violation of any law, rule, policy, or other written agreement shall constitute fraud and the agreement for provision of services shall terminate. The entity shall be required to repay the department for any payment under the program for which the provider was not entitled, regardless of whether the incorrect payment was the result of department error, fraud, or other cause. A demand for repayment or termination of agreement for provision of services shall be subject to the due process procedures pursuant to §29A-5-1 et seq. of this code. The provisions of this subdivision do not apply to fraud in the Medicaid program;
(21) (18) Develop a data analytics pilot program to identify potential fraud and help guide policy objectives to eliminate future fraud;
(22) (19) Cooperate with the Office of the Inspector General and take action on its findings; and
(23) (20) Annually allocate Child Protective Services workers by districts of the Bureau for Social Services and report the allocation process to the Legislative Oversight Commission on Health and Human Resources Accountability by July 1 each year; and
(21) Any contract, agreement or memorandum of understanding between the secretary and West Virginia University, West Virginia School of Osteopathic Medicine, Marshall University or West Virginia’s public health institute as designated by the National Network of Public Health Institutes for services is exempt from the provisions of §5A-3-1 et seq., of this code.
(a) The secretary may establish a state public health system.
(b) As necessary for the effective, efficient, and economical operation of the system, the secretary may from time to time delegate, assign, transfer, or combine responsibilities or duties to or among employees of the department.
(c) Within the limits of applicable federal law, the secretary may require every applicant for a license, permit, certificate of registration, or registration under this chapter to place his or her social security number on the application.
(d) The secretary may appoint advisory councils.
(2) Before entering upon the duties of his or her office, the secretary shall take and subscribe to the oath of office prescribed by section five, article four of the state Constitution.
(3) The secretary shall not be a candidate for, or hold, any other public office or public employment under the federal government or under the government of this state or any of its political subdivisions, or be a member or officer of any political party committee, or serve as an election official, or engage in any political activity, other than to vote, in behalf of, or in opposition to, any candidate, political party or public issue involved in an election. Any violation by the secretary of the provisions of this section shall automatically vacate his or her appointment as secretary.
(4) In addition to the authority provided in §5F-2-2 of this code, the secretary shall:
(A) Coordinate efforts with the Secretary of Human Services and the Secretary of Health Facilities, including authority to share the expense of administrative services through a memorandum of understanding established by agreement of the secretaries as required under §5F-2-1a of this code;
(B) Establish a state public health system; and
(C) Cooperate with the Office of the Inspector General and take action on its findings;
(5) The secretary may:
(1) Within the limits of applicable federal law, the secretary may require every applicant for a license, permit, certificate of registration, or registration under this chapter to place his or her social security number on the application; and
(2) Appoint advisory councils.
(a) In addition to the authority provided in §5F-2-2 of this code, the secretary shall:
(1) Coordinate efforts with the Secretary of Human Services and the Secretary of Health, including authority to share the expense of administrative services through a memorandum of understanding established by agreement of the secretaries as required under §5F-2-1a of this code;
(2) Manage, direct, control, and govern state owned health facilities;
(3) Operate state health facilities and adopt rules pertaining to their operation;
(4) Protect the rights of clients served by state health facilities;
(5) Develop and implement critical performance indicators to be used to hold state hospitals accountable. The performance system indicators shall be implemented no later than January 1, 2025; and
(6) Cooperate with the Office of the Inspector General and take action on its findings.
(b) The Secretary may:
(1) Acquire by condemnation or otherwise any interest, right, privilege, land, or improvement and hold title to the land or improvement, for the use or benefit of the state or a state hospital or facility, to sell, exchange or otherwise convey any interest, right, privilege, land, or improvement acquired or held by the state, state hospital, or state facility. Any condemnation proceedings shall be conducted pursuant to §54-1-1 et seq. of this code;
(2) Receive donations;
(3) Accept, allocate, and spend any federal funds that may be made available to the state by the federal government; and
(4) Transfer residents between the facilities. The clinical director may accept transfer of residents from correctional institutions, subject to the provisions of §28-1-1 et seq. of this code.
(c) Any contract, agreement or memorandum of understanding between the secretary and West Virginia University, West Virginia School of Osteopathic Medicine, or Marshall University or West Virginia’s public health institute as designated by the National Network of Public Health Institutes for services is exempt from the provisions of §5A-3-1 et seq., of this code.
NOTE: The purpose of this bill is to permit government agencies to contract with a West Virginia public health institute.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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