H. B. 4402
(By Delegates Morgan, Hutchins and Palumbo)
[Introduced February 4, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to
amend and reenact §29-22A-19
of the Code of West
Virginia, 1931, as amended,
relating to compulsive gambling;
authorizing the Department of Health and Human Resources to
bid and award contracts for treatment programs; requiring
development of procedures; establishing contract requirements;
requiring post award conferences; providing for performance
monitoring; prohibiting interference with operation of
program; prohibiting use of Lottery Commission logo on
advertising media; and requiring annual report.
Be it enacted by the Legislature of West Virginia:
That §29-22A-19 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-19. Compulsive gambling treatment fund; contract
requirements for compulsive gamblers treatment program.
(a) There is hereby created and established a separate special
account to be known as the "Compulsive Gambling Treatment Fund".
Such The fund shall be appropriated from the commission's
administrative expense account and shall be not less than one
hundred fifty thousand dollars nor more than five hundred thousand
dollars per fiscal year, as determined by the commission, to
provide funds for compulsive gambling treatment programs in the
state.
(b) The Department of Health and Human Resources shall develop
criteria consistent with this section which a treatment program for
compulsive gamblers must meet in order to become eligible for a
grant from the funds made available for such treatment programs
pursuant to this provision. The department, in conjunction with
the commission, shall develop a formula for the distribution of
available funds which will result in an equitable distribution
among programs submitted which meet the eligibility criteria for
grants as developed by the department.
The Commission shall report annually to the Legislature the
number and amounts of grants distributed and the number of people
served by such programs.
(c) The department is not subject to the purchasing
requirements as set forth in the legislative rule of the Purchasing
Division of the Department of Administration: Provided, That the
department shall comply with all contract requirements set forth in this section.
(d) The department shall develop procedures for bidding and
awarding the contract, which must include:
(1) The procedures to be followed for submitting bids and the
procedures for making awards;
(2) The proposed general terms and conditions for the
contract;
(3) The description of the commodities and services required
for the contract, with sufficient clarity to assure that there is
a comprehensive understanding of the project's scope and
requirements, including, but not limited to, the following
elements:
(A) Services to be provided, including education, prevention,
crisis intervention, outreach, assessment, referral and treatment
for problem gamblers, and protocols for emergency treatment;
(B) Requirements for the business and professional licensing
of providers, parameters for media-related advertising and public
service announcements;
(C) Training, licensing, monitoring, evaluation and reporting
requirements;
(D) Requirements for maintaining the confidentiality of the
client population; and
(E) Rights to conduct financial and performance audits;
(4) A proposed time schedule commencement and completion of the contract;
(5) A budget for the contract;
(6) Requirements or restrictions for the subletting of
specific portions of the contract, if any; and
(7) Requirements for professional liability and other
insurance coverage.
(e) The department may award the contract based on low bid,
best value, sole source or other basis, or may choose to reject all
bids and reissue an invitation for bids: Provided, That the
department shall document the basis of its decisions under this
subsection and shall report its decisions in the annual report
required in subsection (j) of this section.
(f) The department shall hold a post award conference with the
contractor to ensure a clear and mutual understanding of all
contract terms and conditions, and the respective responsibilities
of all parties. The agenda for the conference shall include, at a
minimum, the introduction of all participants and identification of
department and contractor key personnel, and discussion of the
following items:
(1) The scope of the contract, including specifications of
requirements set forth in the bid request;
(2) The contract terms and conditions, particularly any
special contract provisions;
(3) The technical and reporting requirements of the contract;
(4) The contract administration procedures, including contract
monitoring and progress measurement;
(5) The rights and obligations of both parties and the
contractor performance evaluation procedures;
(6) An explanation that the contractor will be evaluated on
its performance both during and at the conclusion of the contract
and that such information may be considered in the selection of
future contracts;
(7) Potential contract problem areas and possible solutions;
(8) Invoicing requirements and payment procedures, with
particular attention to whether payment will be made according to
outcomes achieved by the contractor; and
(9) An explanation of the limits of authority of the personnel
of both the department and the contractor.
(g) The department shall develop a comprehensive and objective
monitoring checklist which:
(1) Measures treatment outcomes;
(2) Monitors compliance with contract requirements; and
(3) Assesses contractor performance on a quarterly and annual
basis.
(h) Neither the department nor the commission may influence or
interfere with the operation of the program or the advertising and
marketing decisions of the contractor.
(i) The contractor may prominently promote, display or advertise the Compulsive Gambler's Treatment Program, its purpose,
hotline or program events in any location in which the Lottery
Commission promotes, displays, advertises or conducts operations or
in any other location: Provided, That the Lottery Commission's
name, logo or other indicia may not appear on any advertising,
marketing or promotional material of the contractor.
(j) The department shall report annually to the Joint
Committee on Government and Finance on the amount of program funds
distributed, the amount of administrative fee retained by the
department and its use of the fee, the number of persons served by
the program, and on each requirement set forth in this section.
NOTE: The purpose of this bill is to authorize the Department
of Health and Human Resources to bid and award contracts for
gambling treatment programs; develop procedures and contract
requirements, provide for performance monitoring; prohibit
interference with the operation of the program; prohibit the use of
Lottery Commission logo on advertising media; and require an annual
report.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.