H. B. 3181


(By Delegates Ashley, Michael, Mezzatesta,
Williams and Stemple)
[Introduced March 30, 2001; referred to the
Committee on Government Organization then Finance.]



A BILL to amend and reenact sections one and two, article five-q, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the James "Tiger" Morton catastrophic illness fund, the catastrophic illness commission, composition, meetings, powers and duties, promulgation of rules, executive director, staff, promulgation of rules and investigation of fraud and abuse.

Be it enacted by the Legislature of West Virginia:
That sections one and two, article five-q, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
 §16-5Q-1. Creation of the James "Tiger" Morton catastrophic illness fund.
 There is hereby The fund created in the state treasury, a fund designated the "James 'Tiger' Morton Catastrophic Illness Fund" is continued. Moneys in this fund shall be distributed in accordance with the provisions of this article. The purpose of this fund is to provide a source of economic public assistance to the citizens of this state facing catastrophic illness. In addition to any funds appropriated by the Legislature, the Tiger Morton Fund may receive donations of cash or property from other sources, including gifts, grants, or donations from any source whatsoever. Provided, That expenditures may be made from this fund only upon appropriation by the Legislature After appropriation by the Legislature, the catastrophic illness commission may make expenditures from the fund as necessary to accomplish the purposes of this article.
 §16-5Q-2. Catastrophic illness commission; composition; meetings.
(a) There is hereby created The catastrophic illness commission is continued within the department of health and human resources. The catastrophic illness commission shall be composed of the ombudsman from the department of health and human resources, who serves as a nonvoting ex officio member, and six persons appointed by the governor, who must be a medical doctor licensed to practice medicine in this state, an attorney licensed to practice law in this state, two members from the public at large who are active in community affairs, a nurse licensed to practice in this state, and a social worker licensed in this state. The governor shall appoint the members to the catastrophic illness commission no later than the thirty-first day of August, one thousand nine hundred ninety-nine, and the commission shall hold its first meeting no later than the last day of September, one thousand nine hundred ninety-nine. The term of office for each member of the catastrophic illness commission appointed by the governor is five years, except for the first appointments to the catastrophic illness commission shall be as follows: The medical doctor and attorney shall be appointed for an initial term of three years; the initial term of the nurse appointee and the licensed social worker appointee shall be four years; the initial term of the remaining members of the commission appointed by the governor shall be five years. No more than five of the members appointed by the governor may be from the same political party. Members of the catastrophic illness commission, may other than the ex officio member, are entitled to receive expenses only up to one hundred twenty-five dollars per day, not to exceed fifteen thousand dollars in the aggregate per year. and The commission shall meet at least quarterly and annually elect a chairperson. Meetings shall be conducted in accordance with the provisions of article nine-a, chapter six of this code. Special meetings may be called. Before discharging any duties, members shall comply with the oath or affirmation requirements of article one, chapter six of this code. Members are subject to the ethical standards and financial disclosure requirements of the West Virginia Governmental Ethics Act in chapter six-b of this code and serve at the will and pleasure of the governor as provided in section four, article six, chapter six of this code.
(b) The purpose of the catastrophic illness commission is to shall make an annual recommendation to the Legislature regarding appropriations from the catastrophic illness fund. This recommendation shall be made in writing to the Legislature no later than the second Wednesday of January, two thousand, and the second Wednesday of each year thereafter after that.
The commission may develop proposed rules for proposal by the secretary of the department of health and human resources. The commission shall develop internal policies and guidelines to establish the standards for the receipt of public assistance from appropriations from the James "Tiger" Morton catastrophic illness fund, and the commission shall make distributions from the appropriations in accordance with the guidelines. The internal policies and guidelines may, at the commission's option, be developed as a proposed rule for promulgation.
The commission may initiate contacts and cooperate with health care funding and regulatory agencies and private organizations and individuals in seeking methods for funding the care for catastrophic illnesses and their consequences.
The commission may encourage and conduct studies and research relating to the funding for the care of catastrophic illnesses and their consequences as the commission considers advisable.
The commission may recommend to the governor, the Legislature and other agencies of government various policies, procedures, practices and legislation in matters and questions affecting the funding of care for catastrophic illnesses and their consequences.
The commission may enter into contracts to effectuate the purposes of this article.
(c) The commission shall appoint an executive director whose compensation shall be fixed by the commission within its budgetary appropriation. The executive director shall be in the exempt class of civil service and may not be a member of the commission. The executive director may attend all meetings of the commission, as well as its committees, but has no vote on decisions or actions of the commission or its committees. The executive director shall carry out the decisions and actions of the commission, hire all staff, administer all affairs of the commission in accordance with its policies and discharge such other duties as the commission shall from time to time determine. The commission may employ such other officers, employees and clerical assistants as it considers necessary and may fix their compensation within the amounts made available by appropriation.
(d) The secretary of the department of health and human resources shall propose rules for legislative promulgation as the commission may need to accomplish the purpose of the James "Tiger" Morton catastrophic illness fund.
The secretary shall also assist the commission in the investigation of any fraud and abuse suspected to have been committed by persons providing information related to an application for catastrophic illness assistance.



NOTE: The purpose of this bill is to clarify the legislation regarding the catastrophic illness commission and grant the commission such powers and duties as are necessary to carry out the purpose of the James "Tiger" Morton catastrophic illness fund.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.