H. B. 3220
(By Delegate Webb (By Request))
[Introduced March 30, 2001; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend article two, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twelve,
relating to creating an indigent health care trust fund and
providing for its administration.
Be it enacted by the Legislature of West Virginia:
That article two, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twelve, to read as
follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-12. Creation of indigent health care trust fund;
administration.
(a) There is created a special fund designated the "West
Virginia Indigent Health Care Trust Fund." The purpose of the fund
is to receive moneys appropriated by the Legislature and
contributions from hospitals and others for the purpose of
distributing these moneys to certain hospitals subject to
restrictions as provided in this section.
(b) The fund is the responsibility of the commissioner of the
division of human services and shall be maintained and administered
separately from any other program or fund of the division. All
funds voluntarily contributed or donated to the fund for the
purpose of subsidizing pilot health care projects for the
uninsured, including any funds voluntarily contributed by local
governments, shall be administered by the commissioner.
(c) The commissioner may propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code for the administration of the
fund consistent with this section, including, but not limited to:
(1) Uniform eligibility criteria to define those medically
indigent persons whose care shall qualify a hospital for
reimbursement from the fund. The criteria shall define medically
indigent persons as only those individuals whose gross family
income is equal to or less than one hundred percent of the federal
nonfarm poverty level as published for the then current year in the
Code of Federal Regulations;
(2) Hospital inpatient and outpatient medical services
qualifying for reimbursement from the fund;
(3) A mechanism to ensure that hospitals are compensated from
the fund only for charity care;
(4) Terms, conditions and reporting requirements for hospitals
participating in the fund; and
(5) Terms, conditions and reporting requirements for pilot
health care projects for the uninsured.
NOTE: The purpose of this bill is to
create an Indigent
Health Care Trust Fund and provide for its administration.
This section is new; therefore, strike-throughs and
underscoring have been omitted.