Senate Bill No. 366

(By Senators Chernenko and Holliday)

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[Introduced; referred to the Committee
on Health and Human Resources; and then to the Committee

on Finance.]

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A BILL to amend chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-nine-e, relating to the creation of a self-sufficiency trust fund to provide for the care, support or treatment of one or more developmentally disabled persons.

Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-nine-e, to read as follows:
ARTICLE 29E. SELF-SUFFICIENCY TRUST FUND.

§16-29E-1. Short title.

This article shall be known and may be cited as the "Self- Sufficiency Trust Fund Act".
§16-29E-2. Self-sufficiency trust fund.

(a) There is hereby created in the state treasury a special fund to be known as the self-sufficiency trust fund. The state treasurer, ex officio, shall be custodian of the trust fund and the auditor shall direct payments from the trust fund upon vouchers properly certified by the commissioner of the bureau of public health. The treasurer shall credit interest on the trust fund to the trust fund and the commissioner shall allocate the interest pro rata to the respective accounts of the named beneficiaries of the trust fund.
(b) The bureau of public health may accept moneys from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are developmentally disabled persons or persons otherwise eligible for public health services residing in this state and specifying the care, support or treatment to be provided for them. The bureau shall maintain a separate account in the trust fund for each named beneficiary. The moneys in these accounts shall be spent by the bureau, pursuant to its rules, only to provide care, support and treatment for the named beneficiaries in accordance with the terms of the agreement. In the event that the commissioner determines that the moneys in the account of a named beneficiary cannot be used for the care, support or treatment of that beneficiary in a manner consistent with the rules of the bureau and the agreement, or upon request of the self-sufficiency trust, the remaining moneys in the account, together with any accumulated interest thereon, shall be promptlyreturned to the self-sufficiency trust which deposited the moneys in the trust fund.
(c) The bureau of public health shall adopt such rules and procedures as may be necessary or useful for the administration of the trust fund.
(d) The receipt by a beneficiary of money from the trust fund, or of care, treatment or support provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law.
(e) For the purposes of this section, the term "self- sufficiency trust" means a trust created by a not for profit corporation which is exempt from federal income taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and which is organized under the nonprofit corporations provisions of article one, chapter thirty-one of this code for the purpose of providing for the care, support or treatment of one or more developmentally disabled persons or persons otherwise eligible for public health services.
§16-29E-3. Fund for the developmentally disabled.

(a) There is hereby created in the state treasury a special fund to be known as the fund for the developmentally disabled. The commissioner of the bureau of public health may accept moneys from any source for deposit into the fund. The moneys in the fund shall be used by the bureau, subject to appropriation, for the purpose of providing for the care, support and treatment of low-income developmentally disabled persons or low-income personsotherwise eligible for bureau services, as defined by the bureau.
(b) Moneys may be accepted from grants, gifts or legacies of money or property, federal moneys and other moneys, either public or private and shall be paid into the fund.
(c) Any balance remaining in the fund at the end of the state's fiscal year shall not revert to the state treasury, but shall remain in the indigent care fund and be used consistent with subsection (a) of this section.



NOTE: The purpose of this bill is to approve the creation of a self-sufficiency trust fund to provide for the care, support or treatment of one or more developmentally disabled persons by the Bureau of Public Health.

This article is new; therefore, strike-throughs and underscoring have been omitted.