Senate Bill No. 478
(By Senator Prezioso)
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[Introduced January 29, 2008; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact §49-7-33 of the Code of West Virginia,
1931, as amended, relating to
payment for professional
services by the Department of Health and Human Resources
pursuant to a court order.
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.
(a) 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 provided 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 and adjust the schedule as appropriate.
Every such psychologist, psychiatrist, physician, therapist or
other health care professional provider, including out of state
providers, providing such services 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, may only be
paid the state's share of the costs if the 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 address how the West
Virginia Department of Health and Human Resources will make
payments for services provided to certain children. The bill:
(1) Expands the definition of services to include nonhealth
care related services; and
(2) Prevents 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.
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