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.