H. B. 2667
(By Mr. Speaker (Mr. Chambers) and Delegate Burk)
(By Request of the Executive)
[Introduced March 23, 1993; referred to the
Committee on Finance.]
A BILL to amend and reenact section ten, article one, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the powers and
duties of the director of health, and providing the
director, upon approval of the department secretary and the
governor, the power to sell, lease or contract out the
operations of specified health care facilities; providing a
report to the joint committee on government finance;
providing certain employee preferences in state agencies.
Be it enacted by the Legislature of West Virginia:
That section ten, article one, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-10. Powers and duties of the director of health.
The director shall be the chief executive, administrative
and fiscal officer of the division of health and shall have thefollowing powers and duties:
(1) To supervise and control the business, fiscal,
administrative and health affairs of the division of health, and
in that regard and in accordance with law, employ, fix the
compensation of, and discharge all persons necessary for the
proper execution of the laws of this state relating to health
and mental health, and the efficient and proper discharge of the
duties imposed upon, and execution of powers vested in the
director by law; to that end the director may promulgate such
written rules as are necessary and proper to delegate functions,
establish subdivisions, specify duties and responsibilities,
prescribe qualifications of subdivision directors and otherwise
administer or supervise the division, subject to the safeguards
of the state civil service system as it now exists;
(2) To enforce all laws of this state concerning public
health, health and mental health; to that end, the director shall
make, or cause to be made, sanitary investigations and inquiries
respecting the cause of disease, especially of epidemics and
endemic conditions, and the means of prevention, suppression or
control of such conditions; the source of sickness and mortality,
and the effects of environment, employment, habits and
circumstances of life on the public health. The director shall
further make, or cause to be made, inspections and examinations
of food, drink and drugs offered for sale or public consumption
in such manner as the director shall deem necessary to protect
the public health and shall report all violations of laws andregulations relating thereto to the prosecuting attorney of the
county in which such violations occur;
(3) To make complaint or cause proceedings to be instituted
against any person, corporation or other entity for the violation
of any health law before any court or agency, without being
required to give security for costs; such action may be taken
without the sanction of the prosecuting attorney of the county in
which the proceedings are instituted or to which the proceedings
relate;
(4) To supervise and coordinate the administration and
operation of the state hospitals named in article two, chapter
twenty-seven of this code, and any other state facility hereafter
created for the mentally ill, mentally retarded or addicted:
Provided, That notwithstanding any other provisions of this code,
in the interest of promoting cost effective health care in
government, the director, with the approval of the secretary of
the department of health and human resources and the governor,
has the power to close, sell or lease or otherwise transfer the
Greenbrier School for Retarded Children or Spencer State Hospital
Colin Anderson Center, or to arrange for the administration and
operation of said facility by contract or other means: Provided,
however, That savings realized pursuant to the closure, sale or
lease of the facility or the contracting of out the operation of
the facility shall remain in the "Hospital Services Revenue
Account": Provided further That prior to any transfer of
patients as a result of any closure, sale, lease, contracting outof the operations, or other transfer made pursuant to this
subdivision, a comprehensive plan detailing specifically which
hospitals are to be closed, sold, leased or managed under
contract in whole or in part; an analysis of the impact such
action will have on other state facilities, their patients and
their staff; a detailed plan for the care, placement and movement
of patients including offering relocation counseling; a plan to
assist affected employees in finding other employment, including
retraining and education and relocation counseling; an economic
and community impact statement detailing savings and costs
associated with the proposed closing, sale, lease or management
of such state facilities, and the effect on local and state
employment, revenues and services, shall be submitted to the
joint committee on government and finance. And provided further,
That prior to any closure, sale, lease, contracting out of the
operations, or other transfer, the joint committee on government
and finance shall conduct a public hearing on the proposal in the
affected area of the state Any person to whom such facility is
sold, leased, or otherwise transferred or by contract or other
means administers and operates such facility or who operates such
facility as an intermediate care facility for the mentally
retarded shall operate such facility in accordance with
applicable federal laws and regulations and with chapter twenty-
seven of this code and shall use best efforts to employ qualified
persons who were employed at the facility by the state
immediately prior to such transfer or contract: And providedfurther Provided, That, notwithstanding any other provision of
the code to the contrary, in filling vacancies at other
facilities or state agencies the director and other directors of
state agencies shall, for a period of twenty-four months after
such transfer or contract, give preference, over all but existing
employees in such other facilities named in article two, chapter
twenty-seven and article five-c, chapter sixteen of this code, to
qualified persons who were permanently employed at the facility
immediately prior to such transfer or contract: And provided
further Provided, however, That qualified persons who were
permanently employed at the facility immediately prior to such
transfer or contract shall not supersede those employees with
recall rights in other state agencies: And provided further
Provided further, That preferential consideration be given to
West Virginia businesses or corporations headquartered in West
Virginia, whenever possible, for the purchase, lease or other
transfer of a facility under the provisions of this subsection;
(5) To supervise and coordinate the administration and
operation of the health and other facilities named in chapter
twenty-six of this code, except as otherwise therein provided,
and any other state facility hereafter created relating to
health, not otherwise provided for: Provided, That
notwithstanding any other provisions of this code, in the
interest of promoting cost effective health care in government,
the director, with the approval of the secretary of the
department of health and human resources and the governor, hasthe power to close, sell or lease or otherwise transfer Andrew S.
Rowan Memorial Home and the Denmar State Hospital Welch Emergency
Hospital and Marion Health Care Hospital, or to arrange for the
administration and operation of such facilities by contract or
other means: Provided, however, That savings realized pursuant
to the closure, sale or lease of any facility or the contracting
out of the operation of any facility shall remain in the
"Hospital Services Revenue Account": Provided further, That
prior to any transfer of patients as a result of any closure,
sale, lease, contracting out of the operations, or other transfer
made pursuant to this subdivision, a comprehensive plan detailing
specifically which hospitals are to be closed, sold, leased or
managed under contract in whole or in part; an analysis of the
impact such action will have on other state facilities, their
patients and their staff; a detailed plan for the care, placement
and movement of patients including offering relocation
counseling; a plan to assist affected employees in finding other
employment, including retraining and education and relocation
counseling; an economic and community impact statement detailing
savings and costs associated with the proposed closing, sale,
lease or management of such state facilities, and the effect on
local and state employment, revenues and services, shall be
submitted to the joint committee on government and finance. And
provided further, That prior to any closure, sale, lease,
contracting out of the operations, or other transfer, the joint
committee on government and finance shall conduct a publichearing on the proposal in the affected area of the state Any
person to whom such facility is sold, leased, or otherwise
transferred, or by contract or other means administers and
operates such facility or who operates such facility as a
personal care home or nursing home for the mentally retarded,
shall operate such facility in accordance with applicable federal
laws and regulations and with chapter twenty-seven or article
five-c, chapter sixteen of this code and shall use best efforts
to employ qualified persons who were employed at the facility by
the state immediately prior to such transfer or contract: And
provided further Provided, That, notwithstanding any other
provision of the code to the contrary, in filling vacancies at
other facilities or other state agencies the director and the
directors of other state agencies shall, for a period of twenty-
four months after such transfer or contract, give preference,
over all but existing employees in such other facilities named in
article two, chapter twenty-seven and article five-c, chapter
sixteen of this code, to qualified persons who were permanently
employed at the facility immediately prior to such transfer or
contract: And provided further Provided, however, That
qualified persons who were permanently employed at the facility
immediately prior to such transfer or contract shall not
supersede those employees with recall rights in other state
agencies: And provided further Provided further, That
preferential consideration be given to West Virginia businesses
or corporations headquartered in West Virginia, wheneverpossible, for the purchase, lease or other transfer of a facility
under the provisions of this subsection;
(6) To supervise and coordinate the administration and
operation of the county and municipal boards of health and health
officers;
(7) To develop and maintain a state plan of operation which
sets forth the needs of the state in the areas of health and
mental health; goals and objectives for meeting those needs;
methods for achieving the stated goals and objectives; and needed
personnel, funds and authority for achieving the goals and
objectives;
(8) To collect data as may be required to foster knowledge
on the citizenry's health status, the health system and costs of
health care;
(9) To delegate to any appointee, assistant or employee any
and all powers and duties vested in the director, including, but
not limited to, the power to execute contracts and agreements in
the name of the division: Provided, That the director shall be
responsible for the acts of such appointees, assistants and
employees;
(10) To transfer, notwithstanding other provisions of this
code, any patient or resident between hospitals and facilities
under the control of the director and, by agreement with the
state commissioner of corrections or successor thereto and
otherwise in accord with law, accept a transfer of a resident of
a facility under the jurisdiction of the state commissioner ofcorrections or successor thereto;
(11) To make periodic reports to the governor and to the
Legislature relative to specific subject areas of public health
or mental health, the state facilities under the supervision of
the director, or other matters affecting the health or mental
health of the people of the state;
(12) To accept and use for the benefit of the state, for the
benefit of the health of the people of this state, any gift or
devise of any property or thing which is lawfully given:
Provided, That if any gift is for a specific purpose or for a
particular state hospital or facility, it shall be used as
specified. Any profit which may arise from any such gift or
devise of any property or thing shall be deposited in a special
revenue fund with the state treasurer and shall be used only as
specified by the donor or donors;
(13) To acquire by condemnation or otherwise any interest,
right, privilege, land or improvement and hold title thereto, for
the use or benefit of the state or a state hospital or facility,
and, by and with the consent of the governor, to sell, exchange
or otherwise convey any interest, right, privilege, land or
improvement acquired or held by the state, state hospital or
state facility and deposit the proceeds from such sale, exchange
or other conveyance into the hospital services revenue account.
Any condemnation proceedings shall be conducted pursuant to
chapter fifty-four of this code;
(14) To inspect and enforce rules and regulations to controlthe sanitary conditions of and license all institutions and
health care facilities as set forth in this chapter, including,
but not limited to, schools, whether public or private, public
conveyances, dairies, slaughterhouses, workshops, factories,
labor camps, places of entertainment, hotels, motels, tourist
camps, all other places open to the general public and inviting
public patronage or public assembly, or tendering to the public
any item for human consumption and places where trades or
industries are conducted;
(15) To make inspections, conduct hearings, and to enforce
the rules and regulations of the board concerning occupational
and industrial health hazards, the sanitary condition of streams,
sources of water supply, sewerage facilities, and plumbing
systems, and the qualifications of personnel connected with such
supplies, facilities or systems without regard to whether they
are publicly or privately owned; and to make inspections, conduct
hearings and enforce the rules and regulations of the board
concerning the design of chlorination and filtration facilities
and swimming pools;
(16) To reorganize the functions and subdivisions of the
division of health, structuring all functions previously assigned
to the board of health, department of health, department of
mental health, and otherwise assigned to the division of health
by this chapter, to the end of establishing the most efficient
and economic delivery of health services in accord with the
purposes of this chapter; to achieve such goal the director shallestablish such subdivisions, and delegate and assign such
responsibilities and functions as he deems necessary to
accomplish such reorganization;
(17) To direct and supervise the provision of dental
services in all state institutions;
(18) To provide for, except as otherwise specified herein,
a comprehensive system of community mental health and mental
retardation supportive services to the end of preventing the
unnecessary institutionalization of persons and promoting the
community placement of persons presently residing in mental
health and mental retardation facilities and other institutions
and for the planning of the provisions of comprehensive mental
health and mental retardation services throughout the state;
(19) To provide in accordance with this subdivision and the
definitions and other provisions of article one-a, chapter
twenty-seven of the code, for a comprehensive program for the
care, treatment and rehabilitation of alcoholics and drug
abusers; for research into the cause and prevention of alcoholism
and drug abuse; for the training and employment of personnel to
provide the requisite rehabilitation of alcoholics and drug
abusers; and for the education of the public concerning
alcoholism and drug abuse;
(20) To provide in accordance with this subdivision for a
program for the care, treatment and rehabilitation of the parents
of sudden infant death syndrome victims; for the training and
employment of personnel to provide the requisite rehabilitationof parents of sudden infant death syndrome victims; for the
education of the public concerning sudden infant death syndrome;
for the responsibility of reporting to the Legislature on a
quarterly basis the incidence of sudden infant death syndrome
cases occurring in West Virginia; for the education of police,
employees and volunteers of all emergency services concerning
sudden infant death syndrome; for the state sudden infant death
syndrome advisory council to develop regional family support
groups to provide peer support to families of sudden infant death
syndrome victims; and for requesting appropriation of funds in
both federal and state budgets to fund the sudden infant death
syndrome program;
(21) To exercise all other powers delegated to the division
by this chapter or otherwise in this code, to enforce all health
laws and the rules and regulations promulgated by the board, and
to pursue all other activities necessary and incident to the
authority and area of concern entrusted to the division or
director; and
(22) To provide to the Legislature, after approval by the
secretary of the department of health and human resources, a
report on the long term plans for state hospitals named in
article two, chapter twenty-seven of this code and the health
facilities named in chapter twenty-six of this code on or before
the fifteenth day of January, one thousand nine hundred ninety-
one, and annually updated thereafter.
NOTE: The purpose of this bill is to authorize the director
of health, upon approval of the secretary of the department of
health and human resources and the governor to privatize the
operations of Colin Anderson Center, Welch Emergency Hospital and
Marion Health Care Hospital.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.