Senate Bill No. 386

(By Senator Blatnik)

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[Introduced February 18, 1994; 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 twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eighteen, relating to the licensing and regulation of behavioral health facilities; definitions; behavioral health facilities to obtain license; moratorium on licenses; creation of West Virginia behavioral health facility board; powers and duties of board; and license fee and renewal fee.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article eighteen, to read as follows:
ARTICLE 18. BEHAVIORAL HEALTH SERVICES LICENSURE ACT.

§27-18-1. Definitions.

The following words when used in this article shall havemeanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(a) "Board" means the West Virginia behavioral health board created in accordance with this article.
(b) "Behavioral health facility" means any agency, facility, clinic or other entity which provides behavioral health services to recipients.
(c) "Behavioral health services" means any medical or remedial service recommended by a physician or licensed psychologist for the purpose of reducing physical or mental disability and restoration of a recipient to his or her optimal possible functional level. These services are designed for all individuals with conditions associated with mental illness, developmental disabilities, substance abuse or drug dependency.
(d) "Department" means the department of health and human resources.
(e) "Office" means the office of health facility licensure and certification of the bureau of public health, department of health and human resources.
§27-18-2. Behavioral health facility license required.

After the effective date of this article, no facility may operate as a behavioral health facility, unless it is a holder of a currently valid license issued by the office of health facility licensure and certification.
§27-18-3. Moratorium on issuance of license.

No facility may be issued a new behavioral health facility license until the expiration of eighteen months immediately following the effective date of this article. This section does not apply to facilities filing for renewal applications.
§27-18-4. West Virginia behavioral health facility board.

(a) There is hereby created a state board to be known and designated as the "West Virginia Behavioral Health Facility Board" which shall meet on a monthly basis and shall consist of the following seven members: The director of the office of health facility licensure and certification, or his or her designee; the chairperson of the health care cost review authority, or his or her designee; the director of the office of medical services within the department of health and human resources, or his or her designee; one representative from the West Virginia behavioral health providers association; one consumer of behavioral health services and two representatives from the comprehensive community mental health centers. The representative from the West Virginia behavioral health providers association, the consumer and the two representatives from the comprehensive community mental health centers shall be appointed by the governor, by and with the advice and consent of the Senate.
(b) Of the original board members appointed, the one who is a consumer shall serve for one year, one representative of the comprehensive community mental health centers shall serve for two years, and the second representative from the comprehensivecommunity mental health centers shall serve for three years. All subsequent appointments shall be for four years, except that in the case of a vacancy, the appointee shall be appointed for the remainder of the unexpired term. Any vacancy shall be filled by appointment of the governor, by and with the advice and consent of the Senate, from the same group as was represented by the outgoing member. All members of the board, unless sooner removed, shall continue to serve until their respective terms expire and until their successors are appointed and have qualified.
§27-18-5. Powers and duties of board.

(a) The board shall:
(1) Prepare a plan for the development of standards and methodology for licensure which will ensure the delivery of quality behavioral health services;
(2) Review the role of behavioral health facilities, comprehensive community mental health centers, comprehensive community mental retardation facilities and hospitals in the delivery of services to recipients;
(3) After consultation with the secretary of the department of health and human resources, the board shall review its findings and report back to the Legislature at the regular session for the year one thousand nine hundred ninety-five;
(4) Continue to oversee and monitor the licensing of behavioral health facilities;
(5) Communicate on a regular basis with the health care costreview authority and the office of health facility licensure and certification to ensure that a license issued in accordance with this article does not conflict with the state's comprehensive mental health and comprehensive mental retardation plans;
(6) Promulgate rules in accordance with the provisions of article three, chapter twenty-nine-a of this code for the purpose of implementing the provisions of this article;
(7) Take such other action as may be reasonably necessary or appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a person designated by the board and deposited by him or her with the treasurer of the state and credited to an account to be known as the "West Virginia Behavioral Health Facility Licensing Board Fund." Reimbursement of all reasonable and necessary costs and expenses actually incurred by members, and by the board in the administration of this article shall be paid from such fund.
§27-18-6. License fee; renewal fee.

(a) Each holder of a behavioral health facility license issued in accordance with this article shall pay to the board an initial license fee in the amount of one thousand dollars.
(b) On an annual basis thereafter each holder shall pay to the board a license renewal fee in an amount which represents a percentage of the holder's pretax revenue. Such percentage shall be promulgated by the board. The renewal fee may not exceed five hundred dollars.


NOTE: The purpose of this bill is to require the licensure of behavioral health facilities. The authority for licensure and regulation of these facilities is under the control of the West Virginia Behavioral Health Facility Board, which is created by this bill.

Article 18 is new; therefore, strike-throughs and underscoring have been omitted.