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sb341 sub1 Senate Bill 341 History

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sb341 sub1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 341

(By Senators Minard, Fanning, Prezioso,

Unger, Boley and Minear )

______

[Originating in the Committee on the Judiciary;

reported March 23, 2005.]

______


A BILL to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing Health Care Authority to promulgate a legislative rule relating to benchmarking and discount contracts; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to implementation of Omnibus Health Care Act; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to implementation of Omnibus Health Care Act payment provisions; authorizing Department of Health and Human Resources and Insurance Commissioner to promulgate a legislative rule relating to uniform credentialing of health care practitioners; authorizing Department of Health and Human Resources to promulgate a legislative rule relating to methods and standards for chemical test for intoxication; and authorizing Department of Health and Human Resources to promulgate a legislative rule relating to Grade "A" pasturized milk.

Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Health Care Authority.
The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section eight, article twenty-nine-b, chapter sixteen of this code modified by the Health Care Authority to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of February, two thousand five, relating to the Health Care Authority (benchmarking and discount contracts, 65 CSR 26) is authorized.
§64-5-2. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section seven, article twenty-nine-d, chapter sixteen of this code modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand four, relating to the Department of Health and Human Resources (implementation of the Omnibus Health Care Act, 69 CSR 2) is authorized,
with the following amendment:
On page one, subsection 1.1., line six, by striking out the words "Division of Workers' Compensation" and inserting in lieu thereof the words "Workers' Compensation Commissioner";
On page one, subsection 1.1, line ten, after the words "and the" by inserting the words "University of West Virginia", and by striking out the words "which has responsibility for" and inserting in lieu thereof the word "and";
And,
On page four, section 5, by striking out "5.1." and the words "as a matter of law as set forth in the Act", and, after the word "pursuant" by striking out the words "the Act" and inserting in lieu thereof the words "W. Va. Code §16-29D-4".
(b) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section seven, article twenty-nine-d, chapter sixteen of this code modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of December, two thousand four, relating to the Department of Health and Human Resources (implementation of the Omnibus Health Care Act payment provisions, 69 CSR 3) is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section two, article one-a, chapter sixteen of this code modified by the Department of Health and Human Resources and the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of December, two thousand four, relating to the Department of Health and Human Resources and the Insurance Commissioner (uniform credentialing of health care practitioners, 64 CSR 89) is authorized.
(d) The legislative rule filed in the State Register on the twenty-third day of April, two thousand four, under the authority of section four, article one, chapter sixteen of this code modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-fifth day of January, two thousand five, relating to the Department of Health and Human Resources (methods and standards for chemical tests for intoxication, 64 CSR 10) is authorized.
(e) The legislative rule filed in the State Register on the twenty-seventh day of August, two thousand four, under the authority of section five, article seven, chapter sixteen of this code modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of December, two thousand four, relating to the Department of Health and Human Resources (Grade "A" pasturized milk, 64 CSR 34) is authorized.
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