H. B. 3189


(By Delegates Ennis and Staggers)
[Introduced February 22, 2007; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact §49-7-33 of the Code of West Virginia, 1931, as amended, relating to payment of services in certain child or juvenile proceedings.

Be it enacted by the Legislature of West Virginia:
That §49-7-33 of the Code of West Virginia, 1931, as amended, be amended and reenacted 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 health care and nonhealth care related services, excluding fees relating to in-court 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 of such service and adjust the schedule scheduled rate as appropriate. Every such psychologist, psychiatrist, physician, therapist or other health care professional individual or entity, including out-of-state providers providing such service 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.
(b) Any individual or entity providing services, including out-of-state providers, pursuant to a court order or otherwise, and who is not a Medicaid approved provider or any other approved provider of Department of Health and Human Resources, shall only be paid the state's share of such costs if such service qualifies as a Medicaid reimbursable service, or at the customary rate set by the Department of Health and Human Resources, as the case may be.


NOTE: The purpose of this bill is to, in certain child or juvenile proceedings: (1) Expand the definition of services to include nonhealth care related services; (2) provide for the payment of services rendered; and (3) prevent nonapproved providers from seeking payments above the Medicaid rate or the customary rate set by the Department.

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