Senate Bill No. 489
(By Senators Hunter, Barnes, Dempsey and Unger)
[Introduced March 9, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on
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
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
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
(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
(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.