H. B. 3021


(By Delegate Michael)
[Introduced March 27, 2001; referred to the
Committee on Government Organization then Finance.]




A BILL to amend article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fifty-six; and to amend article two, chapter nine of said code by adding thereto a new section, designated section nine-a, all relating to purchasing; authorizing the secretary of the department of health and human resources and the commissioner of the bureau of employment programs to contract for health care goods and services.

Be it enacted by the Legislature of West Virginia:
That article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fifty-six; and that article two, chapter nine of said code be amended by adding thereto a new section, designated section nine-a, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 3. PURCHASING DIVISION.
§5A-3-56. Commissioner of Bureau of Employment Programs authorized to execute contracts to implement health care, consulting, prescription drug purchasing, etc.

(a) Notwithstanding other provisions of this article, the commissioner of the bureau of employment programs is authorized to execute a contract or contracts as necessary to implement professional health care and achieve more cost-effective purchasing of health care goods and services, including joint purchasing with other state agencies of prescription drugs and services for health care related consulting, managed care, actuarial and health care related monitoring, quality review/utilization, claims processing and third party recoveries.
(b) Other provisions of article three, chapter five-a of this code may not be applied to restrict the authority granted in this section. The commissioner shall make reasonable effort to invite competent sealed bids from all qualified vendors of the goods or services sought. The commissioner shall develop specifications and receive proposals and quotations for bid purposes. Bids shall be obtained by public notice and by soliciting sealed bids by sending requests to prospective vendors. The commissioner shall award the contract or contracts on a competitive bid basis. In awarding the contract or contracts, the commissioner shall take into consideration the experience of the offering vendor together with the cost to the state.
(c) The commissioner may at the end of any contract period discontinue any contract or contracts executed pursuant to this article.
CHAPTER 9. HUMAN SERVICES.

ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-9a. Secretary authorized to execute contracts to implement health care, consulting, etc.

(a) The secretary is authorized to execute a contract or contracts as necessary to implement professional health care and provide more cost-effective purchasing of healthcare goods and services, including joint purchasing with other state agencies of prescription drugs and services for health care related consulting, managed care, actuarial and health care related monitoring, quality review/utilization, claims processing and third party recoveries for the medicaid program.
(b) The provisions of article three, chapter five-a of this code may not be applied to restrict the authority granted in this section. The secretary shall make reasonable effort to invite competent sealed bids from all qualified vendors of the goods or services sought. The secretary shall develop specifications and receive proposals and quotations for bid purposes. Bids shall be obtained by public notice and by soliciting sealed bids by sending requests to prospective vendors. The secretary shall award the contract or contracts on a competitive bid basis. In awarding the contract or contracts, the secretary shall take into consideration the experience of the offering vendor together with the cost to the state.
(c) The secretary may at the end of any contract period discontinue any contract or contracts executed pursuant to this article.

NOTE: The purpose of this bill is to facilitate more efficient purchasing of health care goods and services, including joint purchasing, by authorizing the Bureau for Medical Services and the Bureau of Employment Programs to contract for health care goods and services.

Both sections are new; therefore strike-throughs and underscoring have been omitted.