Senate Bill No. 115

(By Senator Burdette, Mr. President,

By Request of the Executive)
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[Introduced January 26, 1994; referred to the Committee
on Finance.]

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A BILL to repeal articles five, eight, nine and eleven, chapter twenty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article two, chapter twenty-seven of said code, relating to the closure, sale, lease, transfer or contracting of the operations of state health facilities.

Be it enacted by the Legislature of West Virginia:
That articles five, eight, nine and eleven, chapter twenty- six of the code of West Virginia, one thousand, nine hundred thirty-one, as amended, be repealed; and that section one, article two, chapter twenty-seven of said code be amended and reenacted to read as follows:
ARTICLE 2. MENTAL HEALTH FACILITIES.

§27-2-1. State hospitals and other facilities; transfer of control and property from department of mental health to department of health; civil service coverage.

The state hospitals heretofore established at Weston,Spencer, Huntington, Barboursville, Lakin, Guthrie, Roney's Point, St. Marys and Lewisburg shall be continued and known respectively as the Weston Hospital, Spencer Hospital, Huntington Hospital, Barboursville Hospital, Lakin Hospital, Guthrie Center, Roney's Point Center, Colin Anderson Center and the Greenbrier School for Retarded Children. Said state hospitals and centers shall be managed, directed and controlled by the department of health. Any person employed by the department of mental health who on the effective date of this article is a classified civil service employee shall, within the limits contained in section two, article six of chapter twenty-nine of this code, remain in the civil service system as a covered employee. The director of the department of health is hereby authorized to bring said hospitals into structural compliance with appropriate fire and health standards. All references in this code or elsewhere in law to the "West Virginia training school" shall be taken and construed to mean and refer to the "Colin Anderson Center."
The control of the property, records, and financial and other affairs of state mental hospitals and other state mental health facilities is hereby transferred from the department of mental health to the department of health. As the chief executive officer, the director of health shall, in respect to the control and management of such state hospitals and other state mental health facilities, perform the same duties and functions as were heretofore exercised or performed by the department of mental health. The title to all property of suchstate hospitals and other state facilities is hereby transferred to and vested in the department of health.
Notwithstanding any other provisions of this code to the contrary, whenever in this code there is a reference to the department of mental health, it shall be construed to mean and shall be a reference to the director of the department of health.
Whereas the need to make better use of taxpayer dollars while maintaining and/or increasing the quality of patient care at state-owned or operated acute care, mental health, and long-term care facilities (hereinafter referred to generally as "state-owned or operated health facilities") warrants the use of private sector providers to deliver such services, notwithstanding any other provision in this code to the contrary, the secretary of the department of health and human resources shall, on or before the first day of July, one thousand nine hundred ninety-six, close, sell, lease, or otherwise transfer out of state ownership or operation any state-owned or operated health facility, or otherwise arrange by contract or any other lawful means for the operation of any said facility by an entity other than the state of West Virginia: Provided, That prior to any transfer of patients or residents from a state-owned or operated health facility occurring as a result of any such closure, sale, lease, contract or other form of transfer made pursuant to this subsection, the secretary must have a detailed plan providing for the appropriate care, placement and movement of said patients or residents: Provided, however, That anyperson or entity to whom a state-owned or operated health facility is sold, leased or otherwise transferred pursuant to this subsection shall be exempt from the provisions of subsection (g), section five, article two-d, chapter sixteen with respect to the addition or construction of nursing beds within a thirty-mile radius of said state-owned or operated health facility, not to exceed the number of such beds determined by the health care cost review authority to be filled by residents or patients in said state-owned or operated facility immediately preceding said sale or transfer: Provided further, That all assets not sold, leased, or otherwise transferred or conveyed to the private sector as a result of the provisions of this section shall be declared and treated as surplus state property.



NOTE: The purpose of this bill is to transfer out-of-state ownership all state owned or operated health facilities by July 1, 1996.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.