H. B. 4567
(By DelegateS Kuhn, Collins, Osborne, Hutchins, Boggs and
Willison)
[Introduced February 25, 1998; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section two, article one, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section
three, article four of said chapter, all relating to the
division of human services; providing a definition of state
medicaid agency; continuing and defining the purpose and
composition of the advisory council for the medicaid
services fund; and providing for the appointment of its
members.
Be it enacted by the Legislature of West Virginia:
That section two, article one, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that section three, article four of
said chapter be amended and reenacted, all to read as follows:
ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.
§9-1-2. Definitions.
The following words and terms when used in this chapter
shall have the meaning hereafter ascribed to them meanings
indicated unless the context clearly indicates a different
meaning, and any amendment of this section shall apply applies to
any verdict, settlement, compromise or judgment entered after the
effective date of the amendments to this section enacted during
the regular session of the Legislature, one thousand nine hundred
ninety-five.
(a) The term "department" means the state division of human
services.
(b) The term "commissioner" means the commissioner of human
services.
(c) The term "federal-state assistance" means and includes:
(1) All forms of aid, care, assistance and services to or on
behalf of persons, which are authorized by, and who are
authorized to receive the same under and by virtue of,
subchapters one, four, five, ten, fourteen, sixteen, eighteen and
nineteen, chapter seven, Title 42, United States Code, as those
subchapters have heretofore been and may hereafter be amended,
supplemented and revised by acts of Congress, and as those
subchapters so amended, supplemented and revised have heretofore
been and may hereafter be supplemented by valid rules and
regulations promulgated by authorized federal agents and agencies, and as those subchapters so amended, supplemented and
revised have heretofore been and may hereafter be supplemented by
rules and regulations promulgated by the state division of human
services, which division rules and regulations shall be
consistent with federal laws, rules and regulations, but not
inconsistent with state law; and (2) all forms of aid, care,
assistance and services to persons, which are authorized by, and
who are authorized to receive the same under and by virtue of,
any act of Congress, other than the federal social security act,
as amended, for distribution through the state division of human
services to recipients of any form of aid, care, assistance and
services to persons designated or referred to in (1) of this
definition and to recipients of state assistance, including by
way of illustration, surplus food and food stamps, which Congress
has authorized the secretary of agriculture of the United States
to distribute to needy persons.
(d) The term "federal assistance" means and includes all
forms of aid, care, assistance and services to or on behalf of
persons, which are authorized by, and who are authorized to
receive the same under and by virtue of, any act of Congress for
distribution through the state division of human services, the
cost of which is paid entirely out of federal appropriations.
(e) The term "state assistance" means and includes all forms
of aid, care, assistance, services and general relief made possible solely out of state, county and private appropriations
to or on behalf of indigent persons, which are authorized by, and
who are authorized to receive the same under and by virtue of,
state division of human services' rules. and regulations
(f) The term "welfare assistance" means the three classes of
assistance administered by the state division of human services,
namely: Federal-state assistance, federal assistance and state
assistance.
(g) The term "indigent person" means any person who is
domiciled in this state and who is actually in need as defined by
department rules and regulations and has not sufficient income or
other resources to provide for such need as determined by the
state division of human services.
(h) The term "domiciled in this state" means being
physically present in West Virginia accompanied by an intention
to remain in West Virginia for an indefinite period of time, and
to make West Virginia his or her permanent home. The state
division of human services may by rules and regulations
supplement the foregoing definition of the term "domiciled in
this state", but not in such a manner as would be inconsistent
with federal laws, rules, and regulations applicable to and
governing federal-state assistance.
(i) The term "medical services" means medical, surgical,
dental and nursing services, and other remedial services recognized by law, in the home, office, hospital, clinic and any
other suitable place, provided or prescribed by persons permitted
or authorized by law to give such services; such the services to
include drugs and medical supplies, appliances, laboratory,
diagnostic and therapeutic services, nursing home and
convalescent care and such other medical services and supplies as
may be prescribed by such the persons.
(j) The term "general relief" means cash or its equivalent
in services or commodities expended for care and assistance to an
indigent person other than for care in a county infirmary, child
shelter or similar institution.
(k) The term "secretary" means the secretary of the
department of health and human resources.
(l) The term "estate" means all real and personal property
and other assets included within the individual's estate as
defined in the state's probate law.
(m) The term "services" means nursing facility services,
home and community-based services, and related hospital and
prescription drug services for which an individual received
medicaid medical assistance.
(n) The term "state medicaid agency" means the division of
the department of health and human resources that is the
federally designated single state agency charged with
administration and supervision of the state medicaid program.
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND;
ADVISORY COUNCIL; GENERAL RELIEF FUND.
§9-4-3. Advisory council.
The advisory council, created by chapter one hundred
forty-three, acts of the Legislature, regular session, one
thousand nine hundred fifty-three, as an advisory body to the
commissioner state medicaid agency with respect to the medical
services fund and disbursements therefrom shall be and to advise
about health and medical services, is continued so long as the
medical services fund remains in existence, and thereafter so
long as the commissioner shall deem such state medicaid agency
considers the advisory council to be otherwise necessary or
desirable, and it shall be is organized as provided by this
section and applicable federal law and shall have has those
advisory powers and duties as are granted and imposed by this
section and elsewhere by law.
The term of office of those five persons serving as members
of the advisory council upon the effective date of this article
shall continue until their appointments would have expired under
the law applicable thereto in effect at the time of their
appointments. As those appointments expire, all new appointments
shall be made in accordance with the provisions of this section.
The term of office of those members serving on the advisory
council, on the effective date of the amendments made to this section by the Legislature during its regular session in the year
one thousand nine hundred ninety-eight, shall continue until they
are reappointed or replaced in accordance with the provisions of
this section.
The advisory council shall consist of not less than nine
members, eight of whom nor more than thirteen members, all but
two of whom shall be appointed by the commissioner and shall
serve at his will and pleasure, and the ninth member shall be the
state director of health, ex officio. Of the eight members of
the advisory council appointed by the commissioner, one shall be
state medicaid agency and serve until replaced or reappointed on
a rotating basis. The heads of the public health and public
welfare agencies are members ex officio. The remaining members
comprising the council consist of a person of recognized ability
in the field of medicine and surgery with respect to whose
appointment the state medical association shall be afforded the
opportunity of making nomination of three qualified persons, one
member shall be a person of recognized ability in the field of
dentistry with respect to whose appointment the state dental
association shall be afforded the opportunity of making
nomination of nominating three qualified persons, and the
remaining six members shall be chosen from persons of recognized
ability in the fields of hospital organization and
administration, nursing welfare, public health, or and allied professions in the field of health, or consumers of medical
services and from consumers groups, including medicaid
recipients, labor unions, cooperatives and consumer-sponsored
prepaid group practices plans.
The council shall meet on call of the commissioner state
medicaid agency.
Each member of the advisory council shall receive an
honorarium of twenty-five dollars for each day actually served in
attendance at meetings of the council, and all reasonable and
necessary expenses actually incurred in the performance of his
duties and responsibilities under the provisions of this section
reimbursement for reasonable and necessary travel expenses for
each day actually served in attendance at meetings of the council
in accordance with the state's travel rules. Requisitions for
all such the expenses shall be accompanied by a sworn and an
itemized statement, which shall be filed with the auditor and
preserved as a public record.
The advisory council shall assist the commissioner state
medicaid agency in the establishment of rules, regulations and
standards and bylaws necessary to carry out the provisions of
this section and shall serve as consultants to the commissioner
state medicaid agency in carrying out the provisions of this
section.
NOTE: The purpose of this bill is to define the state
medicaid agency, continue and define the purpose and composition
of the Advisory Council for the Medicaid Services fund and
prescribe the appointment of its members.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.