HB2422 H&HR Am #1 2-14
The Committee on Health & Human Resources moves to amend the bill on page 1, after the enacting clause, line 21,by striking the remainder of the bill and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto three new sections, designated §25-1-4, §31-20-30 and §31-20-31, all to read as follows:
ARTICLE 4. ORGANIZATION AND INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-4. Limitation on reimbursement rate to medical service providers for services outside division facilities.

Effective the first day of July, two thousand seven, the division, or its contracted medical provider, may not pay an amount to an outside provider of a medical service for a person residing in a correctional or detention facility greater than the reimbursement rate applicable to service providers established by legislative rule of the Bureau for Medical Service within the Department of Health and Human Resources. This limitation applies to all medical care services, goods, prescription drugs and medications provided to a person who is in the custody of a correctional or detention facility and is provided these services outside of said correctional or detention facility.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-30. Charges assessed against inmates for medical services.
(a) The authority is authorized to assess inmates serving in any regional jail a reasonable charge, not to exceed three dollars for any billable service, for health care and treatment services provided to them. The charges assessed against an inmate may be deducted directly from the inmate's trustee account without the inmate's consent.
(b) A reasonable charge may not exceed the sum of three dollars for any billable service. Inmates shall be notified of the amount deducted, the charges to which it has been applied, the fee schedule, billable services and exempt services. Services initiated by the inmate shall be assessed a fee. No charge may be assessed for:
(1) A specific health care service required under the laws of this state; (2) An emergency service following a traumatic injury other than a self-induced injury or necessary to prevent death or severe or permanent disability;
(3) Diagnosis and treatment of communicable diseases, including;
(4) Treatment of diagnosed severe mental illness;
(5) Treatment of specific chronic conditions identified by the authority, including heart disease and diabetes;
(6) Staff-initiated care, including follow-up and referral visits;
(7) Preventive services that the authority determines are to be provided or made available to all inmates, including services related to disease prevention and promotion of proper health habits; and
(8) Other services as may be exempted by legislative rule of the authority.
(c) No inmate may be denied any necessary billable medical service because of inability to pay the charge.
(d) Each inmate shall have an opportunity quarterly to review all deposits into, withdrawals from and balance remaining in the inmate's trustee account during the preceding quarter.
§31-20-31. Limitation on reimbursement rate to medical service providers for services outside regional jail facilities.

Effective the first day of July, two thousand seven, the authority, or its contracted medical provider, may not pay an amount to an outside provider of a medical service for a person residing in a regional jail greater than the reimbursement rate applicable to service providers established by legislative rule of the Bureau for Medical Service within the Department of Health and Human Resources. This limitation applies to all medical care services, goods, prescription drugs and medications provided to a person who is in the custody of a regional jail and is provided these services outside of a regional jail.