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Introduced Version Senate Bill 489 History

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sb489 intr
Senate Bill No. 489

(By Senators Hunter, Barnes, Dempsey and Unger)

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[Introduced March 9, 2005; referred to the Committee

on Health and Human Resources; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §49-4-9, relating to requiring the Department of Health and Human Resources to develop in-state treatment facilities for children with special needs.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §49-4-9, to read as follows:
ARTICLE 4. CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
§49-4-9. Department to develop alternative in-state facilities and card; findings; purpose; duty to propose legislative rules.

(a) The Legislature makes the following findings:
(1) That a significant portion of West Virginia children with special care needs receive treatment under the provisions of this article in out-of-state health care facilities, many times preventing close family members from participating in the treatment process;
(2) Children respond better in treatment when their families can be involved in the treatment process; and
(3) This state is in need of developing more treatment facilities for children with special needs in-state as well as more in-house treatment programs.
(b) In accordance with the findings set forth in subsection (a)of this section, the Department is hereby directed to reduce their expenditures dedicated to the treatment of children with special needs in out-of-state facilities by twenty-five percent annually beginning in fiscal year two thousand six. Beginning at that time, the Department shall dedicate the twenty-five percent of funds so diverted from out-of-state treatment to the development of in-state treatment facilities and in-house treatment programs.
(c) The Department is hereby directed to propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, designed to effectuate the purposes of this section.



NOTE: The purpose of this bill is to require the Department of Health and Human Resources to develop treatment facilities for children with special needs in-state.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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