HB4419 H H&HR AM #1
The House Committee on Health and Human Resources moves to amend the bill on page two, line one, following the enacting clause by deleting the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 9. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.

§9-2-6a. Commissioner Secretary to develop caseload standards; committee; definitions.

The commissioner (a) On or before June 30, 2010, the secretary shall develop propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, specifying program caseload standards based on the actual duties of employees in each program area of each agency, bureau and division within the department and may take into consideration existing professional caseload standards for each position and classification. Standards shall be reasonable and achievable. If no caseload standards exist due to the nature of the particular program area, no caseload standard analysis is required. It is the responsibility of the employees in the program area to make this determination.
(b) A caseload standards committee shall be established and composed of two employees from each program area in each region. The members shall be elected by the employees from each program area from among all the employees in the program area. On or before May 1, 2010, a subcommittee composed of the members from each program of services provided each program area caseload standards committee shall meet with the appropriate office director to develop caseload standards for each program. The committee shall meet at least twice yearly to review the effectiveness of the caseload standards adopted pursuant to this section and shall report recommendations to the commissioner secretary through the personnel advisory caseload standards committee representative under existing procedures established pursuant to this section.
(c) All meetings of a caseload standards committee established pursuant to this section shall comply with the open government meeting requirements of article nine-a, chapter six of ths code. Representatives of an employee organization may serve in an advisory role on all caseload standards committees.
The caseload standards which are developed establishing minimum and maximum caseloads shall be advisory for the department in the hiring of staff and in individual caseload assignments, and may be used as a basis of the Department of Health and Human Resources personal services budget request to the Governor and the Legislature.
(d) All caseload standards developed as required by this section shall establish at a minimum the maximum level of staff to patient caseloads and the maximum level of staff to client caseloads. Caseload standards may use any professional caseload standard guidelines established by professional organizations as they are applicable to a program area: Provided, That a caseload standard required to be established by this section may not exceed a maximum average threshold of the recognized applicable professional caseload standards for any program area.
(e) Caseload standards established pursuant to this section may be used by the secretary as a basis for requesting increases to any Department of Health and Human Resources program area budget in order to meet the staff census levels as specified by caseload standards adopted pursuant to this section.
(f) The caseload standards committee shall report to the Legislative Oversight Commission on Health and Human Resource Accountability their recommendations each December beginning in December of 2010. The report shall include the current caseloads of all program areas under consideration by state and region of the state for the last three years.
(g) As used in this section:

(1) "Caseload standards" means a measurable numerical minimum and maximum workload which an employee can reasonably be expected to perform in a normal workday or workweek, based on the number, variety and complexity of cases handled or number of different job functions performed.
(2) "Professional caseload standards" means standards established by national standard setting authorities, when they exist, or caseload standards used in other states which have similar job titles.


The House Health and Human Resource Committee further moves to amend the enacting section to read as follows:
" That §9-2-6a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:"