ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 697
(Senators Wooton, Prezioso and Craigo, original sponsors)
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[Passed March 9, 2002; in effect ninety days from passage.]
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AN ACT to amend article seven, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-three, relating to payment by the department of health
and human resources for services to a health care professional
associated with certain judicial proceedings;
requiring the
department to develop a fee schedule; and establishing health
care professional documentation requirements relating thereto.
Be it enacted by the Legislature of West Virginia:

That article seven, chapter forty-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 thirty-
three, to read as follows:
ARTICLE 7. GENERAL PROVISIONS.
§49-7-33. Payment of services.

At any time during any proceedings brought pursuant to
articles five and six of this chapter, the court may upon its own
motion, or upon a motion of any party, order the West Virginia
department of health and human resources to pay for professional
services rendered by a psychologist, psychiatrist, physician,
therapist or other health care professional to a child or other
party to the proceedings. Professional services include, but are
not limited to, treatment, therapy, counseling, evaluation, report
preparation, consultation and preparation of expert testimony. The
West Virginia department of health and human resources shall set
the fee schedule for such services in accordance with the Medicaid
rate, if any, or the customary rate and adjust the schedule as
appropriate. Every such psychologist, psychiatrist, physician,
therapist or other health care professional shall be paid by the
West Virginia department of health and human resources upon
completion of services and submission of a final report or other
information and documentation as required by the policies and
procedures implemented by the West Virginia department of health
and human resources.