H. B. 2798
(By Delegate Louisos and Flanigan)
[Introduced March 31, 1993; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact section two, article four, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to the division of human
services medical services fund; and providing specific
protected income levels for recipients of assistance under
this fund.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND;
ADVISORY COUNCIL; GENERAL RELIEF FUND.
§9-4-2. Medical services fund.
(a) The special fund known as the state of West Virginia
public assistance medical services fund established by chapter
one hundred forty-three, acts of the Legislature, regular
session, one thousand nine hundred fifty-three, as amended bychapter two, acts of the Legislature, first extraordinary
session, one thousand nine hundred sixty, and chapter forty-nine,
acts of the Legislature, regular session, one thousand nine
hundred sixty-six, shall be continued in accordance with the
provisions of this section so long as the same may be required by
federal laws, and rules and regulations applicable to federal-
state assistance and thereafter so long as the commissioner shall
deem such deems the fund to be otherwise necessary or desirable,
and henceforth such the special fund shall be known as the
department of human services medical services fund, hereinafter
referred to as the fund.
(b) The fund shall consist of payments made into the fund
out of state appropriations for medical services to recipients of
specified classes of welfare assistance and such federal grants-
in-aid as are made available for specified classes of welfare
assistance. Any balance in the fund at the end of any fiscal
year shall remain in the fund and shall not expire or revert.
Payments shall be made out of the fund upon requisition of the
commissioner by means of a warrant signed by the auditor and
treasurer.
(c) Recipients of those classes of welfare assistance as are
specified by the department, consistent with applicable federal
laws, rules and regulations, shall be entitled to have costs of
necessary medical services paid out of the fund, in the manner
and amounts, to the extent, and for the period determined from
time to time to be feasible by the commissioner pursuant to rulesregulations and standards established by him. Such The rules
regulations and standards shall comply with requirements of
applicable federal laws, rules and regulations and shall be
established on the basis of money available for the purpose, the
number of recipients, the experience with respect to the
incidence of illness, disease, accidents, and other causes among
such the recipients causing them to require medical services and
the costs thereof, the amounts which recipients require otherwise
in order to maintain a subsistence compatible with decency and
health, and any other factor considered relevant and proper by
the commissioner: Provided, That such the rules and regulations
respecting qualifications shall permit the expenditure of state
funds to pay for care rendered in any birthing center licensed
under the provisions of article two-e, chapter sixteen of this
code, by a licensed nurse midwife or midwife as this occupation
is defined in section one, article fifteen, chapter thirty of
this code, and which care is within the scope of duties for such
a licensed nurse midwife or midwife as permitted by the
provisions of section seven, article fifteen of said chapter
thirty of this code.
(d) Recipients of welfare assistance who fall into the
protected income level set out in subsection (e) of this section
are entitled to assistance from the medical services fund.
(e) Increased protected income levels that shall be
considered by the commissioner are the amounts indicated in the
"protected income levels schedule" set out below:
Protected Income Levels Schedule
Family Size Monthly Six Months Total Assets
1 $552 $3,312$4,000
2 $740 $4,440$5,000
3 $928 $5,568$5,050
4$1,117 $6,702$5,100
5$1,305 $7,830$5,150
6$1,493 $8,958$5,200
7$1,682$10,092$5,250
8$1,870$11,220$5,300
9$2,058$12,348$5,350
10$2,247$13,482$5,400
NOTE: The purpose of this bill is to provide protected
income levels for recipients of welfare assistance from the
Medical Services Fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.