Senate Bill No. 562
(By Senators Walker, Anderson, Bailey, Ross, Wooton, Jackson,
Plymale, Blatnik, Sharpe, Dittmar, Bowman, Oliverio, Minear,
Kimble, Yoder, Whitlow, Helmick and Tomblin, Mr. President)
[Passed March 2, 1996; in effect ninety days from passage.]
AN ACT to amend and reenact sections one, two, three, four, five
and six, article four, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to children with special health care
Be it enacted by the Legislature of West Virginia:
That sections one, two, three, four, five and six, article
four, chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 4. CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
The purpose of this article is to provide for the
continuation and development of services for children with
special health care needs. The state bureau of public health
within the department of health and human resources shall formulate and apply administrative policies concerning the care
and treatment of children with special health care needs and
shall cooperate with other agencies responsible for such care and
In the development of administrative policies, the state
bureau shall cooperate with the United States department of
health and human services and shall comply with the regulations
that agency prescribes under the authority of the "Social
Security Act", and is hereby authorized to receive and expend
federal funds for these services.
§49-4-2. Children to whom article applies.
It is the intention of this article that services for
children with special health care needs shall be extended only to
those children for whom adequate care, treatment and
rehabilitation are not available from other than public sources.
§49-4-3. Powers of state bureau.
In the care and treatment of children with special health
care needs the state bureau of public health shall, so far as
funds are available for the purpose:
(1) Locate children with special health care needs requiring
medical, surgical or other corrective treatment and provide
competent diagnosis to determine the treatment required.
(2) Supply to children with special health care needs
treatment, including hospitalization and aftercare leading to
correction and rehabilitation.
(3) Guide and supervise children with special health care
needs to assure adequate care and treatment.
§49-4-4. Report of birth of special health care needs child.
Within thirty days after the birth of a child with a
congenital deformity, the physician, midwife or other person
attending the birth shall report to the state bureau of public
health, on forms prescribed by them, the birth of such child.
The report shall be solely for the use of the state
department of health and human resources and shall not be open
for public inspection.
§49-4-5. Assistance by other agencies.
So far as practicable, the services and facilities of the
state departments of health and human services, education,
vocational rehabilitation and corrections or their successors
shall be available to the state bureau of public health for the
purposes of this article.
§49-4-6. Cost of treatment.
All payments from any corporation, association, program or
fund providing insurance coverage or other payment for medicine,
medical, surgical and hospital treatment, crutches, artificial
limbs and such other and additional approved mechanical
appliances and devices as may be reasonably required for a child
with special health care needs, shall be applied toward the total
cost of treatment.