Senate Bill No. 672
(By Senators Kessler, Helmick, McCabe, Prezioso, Plymale,
Stollings, Jenkins, Minard, Unger and Wells)
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[Introduced March 23, 2009; referred to the Committee on Finance;
and then to the Committee on Rules.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §4-9-1, §4-9-2 and
§4-9-3; and to amend said code by adding thereto a new
section, designated §9-2-9a, all relating generally to mental
health; creating special Joint Committee on Mental Health;
committee's composition and duties; requiring agencies to
cooperate with committee; requiring review of mental health
rate increases; providing for Mental Health Stabilization Act
of 2009; making legislative findings; increasing reimbursement
rates in mental health service codes; requiring periodic
reports to Joint Committee on Government and Finance; and
providing an implementation date and a termination date.
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 article, designated §4-9-1, §4-9-2 and
§4-9-3; and to amend said code by adding thereto a new section, designated §9-2-9a, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 9. SPECIAL JOINT COMMITTEE ON MENTAL HEALTH.
§4-9-1. Creation of special joint committee on mental health;
duties.
(a) There is hereby created a special Joint Committee of the
Legislature on Mental Health which shall have eight members. The
committee shall be composed of four members of the Senate and four
members of the House of Delegates. Members shall be the chairs of
their respective judiciary committees, health committees, finance
committees and the minority leaders of each chamber. The cochairs
of the committee on mental health shall be the chairs of the
standing Judiciary Committee of each chamber.
(b) The committee shall:
(1) Conduct an inventory of available mental health services
in West Virginia;
(2) Review consultants reports and correspondence paid for by
the state over the last sixty months in regard to mental health and
substance abuse issues;
(3) Examine the historical relationship of the availability of
community mental health services to the level of mental health
involuntary commitments;
(4) Examine the current conditions of state hospitals and
other state facilities that provide services to people with mental
health needs;
(5) Review the funding stream for mental health services in West Virginia;
(6) Examine the impact mental health has on persons housed in
regional jail and correctional facilities and on the cost thereof
to counties and municipalities;
(7) Examine the impact mental health has on homeless persons;
(8) Examine the cost to the counties and municipalities in
terms of law enforcement due to inadequate mental health services;
(9) Examine any other area or areas that the committee feels
will better solve the crisis in mental health;
(10) Review ways to increase the use of technology in the
delivery of mental health services including, but not limited to,
the use of electronic health records;
(11) Review the current funding mechanisms for mental health
service in West Virginia and determine whether the state is
maximizing its funding opportunities for the needed mental health
services;
(12) Review the mental hygiene process and underlying
standards;
(13) Compare West Virginia's mental health system with other
similar situated states; and
(14) Develop recommendations that will improve the care for
those with mental health needs and recommend legislation to the
Joint Committee on Government and Finance.
§4-9-2. State agencies to cooperate with committee.
All state agencies shall cooperate with the special Joint
Committee and shall within fifteen working days respond to all information and data requests. The committee may require various
agencies to provide monthly reports that will assist the committee
in the monitoring of current state activities. If approved by the
chairs of the committee, unannounced inspections of state
facilities may be conducted to determine the condition of the
facility and the well being of the patients. Members conducting
inspections shall receive Health Insurance Portability and
Accountability Act of 1996 (HIPPA) training and shall be subject to
the laws governing patient confidentiality.
§4-9-3. Review of mental health rate increases.
The committee shall monitor the impact of the emergency rate
increase as provided by section nine-a, article two, chapter nine
of this code. The committee will also review the actions of the
Department of Health and Human Resources to determine if the
indicated rate increases are being put into effect. In addition
the committee shall review any new care management, utilization
management or prior authorization initiatives by Department of
Health and Human Resources to ensure they are in the spirit of this
article.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-9a. Mental Health Stabilization Act of 2009.
(a)
Legislative findings. -- The Legislature hereby finds and
declares:
(1) The West Virginia community mental health system is in a
state of crisis. There are not sufficient community resources to
meet the needs of the state's population.
(2) It is the public policy of West Virginia that the state
should have a mental health system that provides a continuum of
care for people with mental health needs. This continuum may
include preventive and primary mental health services, peer
supports, community supports, group homes, case management, crisis
intervention services, and an appropriate number of hospital beds.
There is also recognition that the state has limited financial
resources.
(3) The state has been the subject of various court orders as
result of the manner in which it dealt with people with mental
health needs, the Legislature desires to be proactive and resolve
issues surrounding mental illness without the intervention of the
courts.
(4) The current rate of involuntary mental health commitments
and the incarcerations of people with mental health needs are at a
level that is utilizing significant state resources. The resources
could be used in the provision of community mental health services
in a way that improves clinical outcomes and more efficiently
utilizes the state's limited resources. The result should be a
reduction in the level of involuntary commitments and incarceration
for those people with mental health needs.
(b) To the maximum full extent of additional appropriations in
the fiscal year that begins July 1, 2009, and in any fiscal year thereafter, and of federal participation dollars and subject to
provisions of state and federal laws and regulations, the
secretary, in addition to all other powers, duties and
responsibilities granted and assigned to that office in this
chapter and elsewhere by law, shall increase proportionally across
the board the reimbursement rates for behavioral health clinic and
rehabilitation services in the following service codes in order to
help stabilize the mental health system which is in crisis:
Service Description
Service Code
Mental Health Assessment by NonphysicianH0031,
Mental Health Service Plan DevelopmentT1017,
Mental Health Service Plan DevelopmentH0032,
Mental Health Service Plan Development (Home base)H0032,
Mental Health Service Plan Development by Psychologist H0032 AH,
Physician Coordinated Care Oversight ServicesG9008,
Behavioral Health Counseling, Professional, IndividualH0004 H0,
Behavioral Health Counseling, Professional,
Individual (Home Based)H0004 H0,
Behavioral Health Counseling, Professional, GroupH0004 H0HQ,
Behavioral Health Counseling, Supportive, IndividualH0004,
Behavioral Health Counseling, Supportive,
Individual (Home Based)H0004,
Behavioral Health Counseling, Supportive, GroupH0004 HQ,
Skills Training and Development 1:1 by Paraprofessional H2014 U4,
Skills Training and Development 1:1 by
Paraprofessional (Home Based)H2014 U4,
Skills Training and Development 1:2-4 by
Paraprofessional H2014 U1,
Skills Training and Development 1:1 by
Paraprofessional H2014 HN U4,
Skills Training and Development 1:1 by
Professional (Home Based) H2014 HN U4,
Skills Training and Development 1:2-4 by
ProfessionalH2014 HN U1,
Skills Training and Development 1:2-4 by
Professional (Home Based) H2014 HN U1,
Therapeutic Behavioral Health Services -
DevelopmentH2019 HO,
Therapeutic Behavioral Services - Development (Home Based)H2019 HO,
Therapeutic Behavioral Services - ImplementationH2019,
Therapeutic Behavioral Services -
Implementation (Home Based)H2019,
Crisis InterventionH2011,
Crisis Intervention (Home Based)H2011,
Comprehensive Community Support
Services Tx Ratio 1:12H2015 U1,
Comprehensive Community Support
Services Tx Ratio 1:8H2015 U2,
Comprehensive Community Support
Services (structured program 1:1)H2014 U1,
Crisis Stabilization - Community Psychiatric
Supportive TreatmentH0036,
ACT (daily rate)H0040,
Daily TreatmentH2012,
Comprehensive Medication Services Mental HealthH2010.
(c) This section does not preclude any other rate increase
authorized by law.
(d) The secretary shall provide a written report monthly to
the Joint Committee on Government and Finance created by section
one, article three, chapter four of this code, on the development
and implementation of the provisions of this section until they
have been fully implemented.
(e) The provisions of this section shall be implemented by
July 1, 2009, or ninety days after the budget is enacted for the
fiscal year beginning July 1, 2009, whichever occurs last. This
section shall expire and be of no further effect beginning July 1,
2013.
NOTE: The purpose of this bill is to
create a special joint
committee on mental health. The bill sets forth its composition
and duties. The bill requires agencies to cooperate with the
committee and requires the review of mental health rate increases.
The bill also creates the Mental Health Stabilization Act of 2009,
including making legislative findings, increases reimbursement
rates in mental health service codes, requires periodic reports to
Joint Committee on Government and Finance. The bill also provides
an implementation date and a termination date.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.