COMMITTEE SUBSTITUTE
FOR
H. B. 2667
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
[By Request of the Executive]
(Originating in the House Committee on Finance)
[March 30, 1993]
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 requiring the director
to submit certain reports to the Legislature; requiring the
secretary of the department of health and human resources to
appoint a task force to compile the required reports; and
requiring that the report include recommendations regarding
which state hospitals or health facilities could be
privatized.
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 and
regulations 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
or to arrange for the administration and operation of said
facility facilities 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 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 suchaction 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 any person who to whom such
facility is sold, leased, or otherwise transferred or by contract
or other means administers and operates such facility administers
or operates a facility, by contract or other means, or who
operates such facility as an intermediate care facility for the
mentally retarded or nursing facility, or a psychiatric hospital
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 provided further 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 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 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, has
the power to close, sell or lease or otherwise transfer Andrew S.
Rowan Memorial Home and the Denmar State 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": Providedfurther, 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 public
hearing on the proposal in the affected area of the state Any
any person who, to whom such facility is sold, leased, or
otherwise transferred, or by contract or other means, administers
and or operates such facility or who operates such facility as a
personal care home or nursing home for the mentally retarded, an
acute care facility or nursing facility 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 stateimmediately prior to such transfer or contract:; And provided
further 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 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 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;
(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 within
funds available 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 knowledgeon 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 of
corrections 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 asspecified 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 control
the 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 department 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 department 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 shall
establish such subdivisions, and delegate and assign such
responsibilities and functions as he or she 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:
Provided,
That such services shall be provided within available
funds;
(19) To provide within available funds and in accordance
with this subdivision and the definitions and other provisions of
article one-a, chapter twenty-seven of the code, for acomprehensive 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 rehabilitation
of 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
department, 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.:
Provided,
That in order
to compile the report which is to be submitted on the fifteenth
day of January, one thousand nine hundred ninety four, the
secretary of the department shall appoint a task force made up of
thirteen persons from the private sector, giving consideration to
providing geographical diversity among the members of the task
force, with four of the appointees having expertise in the
administration and management of nursing facilities, four of the
appointees having expertise in the administration and management
of psychiatric facilities, two of the appointees having expertise
in the administration and management of acute care facilities and
three of the appointees having expertise in accounting and/or
auditing:
Provided, however,
That the four appointees with
expertise in the area of nursing facilities and one appointee
with expertise in accounting or auditing shall visit Lakin
Hospital, Hopemont Hospital, Marion Health Care Hospital and
Pinecrest Hospital; the four appointees with expertise in the
area of psychiatric facilities and one appointee with expertise
in accounting or auditing shall visit Weston Hospital, Huntington
Hospital, Colin Anderson Center; and the two appointees with
expertise in the area of acute care facilities and one appointee
with expertise in accounting or auditing shall visit WelchEmergency Hospital, and each group shall review and analyze the
operations of each facility, the services provided at each
facility, the number of patients served at each facility, the
staffing levels at each facility, the funding sources available
to each facility and the expenditures of each facility:
Provided
further,
That the task force shall then compile a detailed report
on each facility which shall include, but not be limited to,
recommendations as to whether the state should continue to
operate each facility and if so, the degree of self sufficiency
that each facility could attain; which of the facilities should
be privatized and if privatized, recommendations regarding the
protection of workers benefits; other recommended options as to
the manner in which the services should be provided, if not by
the state; the availability of other facilities at which patients
could receive the same services; the cost effectiveness of each
facility; and the quality of care being provided at each
facility:
And provided further,
That the department of health
and human resources shall reimburse the members of the task force
for their reasonable and necessary expenses in making visitations
and preparing the report and pay and shall provide the staff
expenses necessary to prepare and compile the report.