ENROLLED
Senate Bill No. 491
(By Senators Wooton, Bailey and Sharpe)
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[Passed April 14, 2001; in effect ninety days from passage.]
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AN ACT to amend and reenact section one, article five, chapter
twenty-six of the code of West Virginia, one thousand nine
hundred thirty-one as amended, relating to changing the name
of Pinecrest hospital to Jackie Withrow hospital, contingent
upon receipt of funds from the department of health and human
resources; authorizing the department of health and human
resources to provide funding for the name change; and
establishing effective dates.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter twenty-six of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. JACKIE WITHROW HOSPITAL.
§26-5-1. Continuation; management; superintendent; qualifications
of superintendent; division of fiscal, administrative and
clinical duties; certain persons exempted from qualification requirements.
(a) The tuberculosis sanitarium heretofore established at
Beckley, for the care and treatment of persons afflicted with
tuberculosis, shall be continued and shall be known as the Jackie
Withrow hospital, and shall be managed, directed and controlled as
prescribed in article one, chapter twenty-five and in section
eight, article one, chapter sixteen of this code: Provided, That
the name change shall not become effective until ninety days after
the department of health and human resources has provided to the
hospital and the hospital has received an additional one hundred
thousand dollars over and above the total dollar amount provided to
the hospital from the state from all sources for the fiscal year
ending the thirtieth day of June, two thousand one. The one
hundred thousand dollars shall be used by the hospital to offset
the additional expenses incurred in changing the name of the
hospital, including, but not limited to, software changes, printing
costs for documents and stationery, change of name on medicaid
certificate, change of signs and equipment which stamps the name of
the hospital and the cost of a plaque, bust and other expenses
associated with the change of name. The department of health and
human resources shall provide this money to the hospital in one
lump sum within one hundred eighty days from the effective date of
the amendments made to this section in the two thousand one regular
session of the Legislature or the name change contemplated herein
shall not become effective."
The chief executive officer of the hospital shall be the superintendent, who must be a college
graduate and have a minimum of two years' experience in either
hospital administration, health services administration or business
administration with broad knowledge of accounting, purchasing and
personnel practices as related to the rendition of health and
health related services.
(b) A superintendent is the person having the fiscal
responsibility of the hospital and the authority to manage and
administer the financial, business and personnel affairs of the
hospital.
A clinical director is the person having the responsibility
for decisions involving clinical and medical treatment of patients,
and who shall be a duly qualified physician licensed to practice
medicine in the state of West Virginia.
(c) The provisions of this section relating to the
qualification of persons eligible to serve as superintendent shall
not apply to any person serving in the capacity of business manager
on the effective date hereof, and who has served in that capacity
for at least six consecutive months next preceding the effective
date.