COMMITTEE SUBSTITUTE
FOR
H. B. 4402
(By Delegates Morgan, Hutchins and Palumbo)
(Originating in the Committee on the Judiciary)
[February 22, 2008]
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, as well
as other amounts designated for in this chapter to provide funds
for compulsive gambling treatment programs in the state.
(b) The Department of Health and Human Resources shall
administer the grants and funds issued from the "Compulsive
Gambling Treatment Fund".
(c) 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.
(d) The Department of Health and Human Resources 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 of Health and Human
Resources shall comply with all contract requirements set forth in
this section.
(e) The Department of Health and Human Resources 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.
(f) The Department of Health and Human Resources 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 of Health and Human Resources
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.
(g) The Department of Health and Human Resources 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.
(h) The Department of Health and Human Resources 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.
(i) The Commission may not influence or interfere with the
operation of the program or the advertising and marketing decisions
of the contractor.
(j) The Department of Health and Human Resources may monitor
contract performance, review compliance with the contract's terms
and conditions, request and review pertinent information in support
of tendered invoices and conduct other investigation so as to
enable it to properly assess whether the project's objectives and
the contract's terms and conditions are being met. However, the
Department of Health and Human Resources may not unduly influence
or interfere with the operation of the program or the advertising
and marketing decisions of the contractor.
(k) Once any contract to render services under a compulsive
gambling treatment program is awarded pursuant to this section, the
contract shall be administrated by the Department of Health and
Human Resources, and the department shall maintain all records
pertaining to each request for reimbursement and disbursement for
under said contract for a minimum of five (5) years.
(l) The contractor may prominently promote, display or
advertise the Compulsive Gambler's Treatment Program, its purpose,
its hotline or its 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.
(m) The Department of Health and Human Resources 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.