H. B. 4156
(By Delegates Douglas, Butcher, Caputo, Prunty, Willison, Varner
(Originating in the Committee on Government Organization)
[January 24, 2000]
A BILL to amend and reenact section three, article four, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to continuing the medical
services advisory council.
Be it enacted by the Legislature of West Virginia:
That section three, article four, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
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 state medicaid
agency with respect to the medical services fund and disbursements
therefrom 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 state medicaid agency
considers the advisory council to be necessary or desirable, and it
is organized as provided by this section and applicable federal law
and has those advisory powers and duties as are granted and imposed
by this section and elsewhere by law: Provided, That the
continuation of the advisory council is subject to a preliminary
performance review pursuant to the provisions of article ten,
chapter four of this code, evaluating the effectiveness and
efficiency of the advisory council, to be conducted during the
interim of the Legislature in the year two thousand six by the
joint committee on government operations.
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
The advisory council shall consist of not less than nine members, nor more than thirteen members, all but two of whom shall
be appointed by the 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 nominating three
qualified persons, and the remaining members shall be chosen from
persons of recognized ability in the fields of hospital
administration, nursing and allied professions and from consumers
groups, including medicaid recipients, members of the West Virginia
directors of senior and community services, labor unions,
cooperatives and consumer-sponsored prepaid group practices plans.
The council shall meet on call of the state medicaid agency.
Each member of the advisory council shall receive
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 regulations. Requisitions for the expenses shall be accompanied by an itemized statement, which
shall be filed with the auditor and preserved as a public record.
The advisory council shall assist the state medicaid agency in
the establishment of rules, standards and bylaws necessary to carry
out the provisions of this section and shall serve as consultants
to the state medicaid agency in carrying out the provisions of this
Note: The purpose of this bill is to continue the Medical Services
Advisory Council until July 1, 2006, pursuant to the provisions of
the West Virginia Sunset Law.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates language that would be
This bill is recommended by the Joint Committee on Government
Operations for passage during the regular 2000 Legislative session.