SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 16     Entire Code
‹ Chapter 15  |  Chapter 17 › Printer Friendly Versions
Chapter 16  |  Article 16 - 48

1 - STATE PUBLIC HEALTH SYSTEM

1A - UNIFORM CREDENTIALING FOR HEAL

1B - SKILLED NURSING FACILITIES FOR

1C - HEALTH CARE PROVIDER TRANSPARE

2 - LOCAL BOARDS OF HEALTH

2A - ALTERNATIVE METHOD OF ORGANIZI

2B - FAMILY PLANNING AND CHILD SPAC

2C - HOME HEALTH SERVICES

2D - CERTIFICATE OF NEED

2E - BIRTHING CENTERS

2F - PARENTAL NOTIFICATION OF ABORT

2G - SPECIAL SUPPLEMENTARY FOOD PRO

2H - PRIMARY CARE SUPPORT PROGRAM

2I - WOMEN'S RIGHT TO KNOW ACT

2J - PREVENTIVE CARE PILOT PROGRAM

2K - PROGRAMS OF ALL-INCLUSIVE CARE

2L - PROVIDER SPONSORED NETWORKS

2M - THE PAIN CAPABLE UNBORN CHILD

2N - NEONATAL ABSTINENCE CENTERS

2O - UNBORN CHILD PROTECTION FROM

3 - PREVENTION AND CONTROL OF COMMU

3A - REPOSITORY OF INFORMATION ON M

3B - PERTUSSIS

3C - AIDS-RELATED MEDICAL TESTING A

3D - TUBERCULOSIS TESTING, CONTROL,

4 - SEXUALLY TRANSMITTED DISEASES

4A - PRENATAL EXAMINATION

4B - AUTOPSIES ON BODIES OF DECEASE

4C - EMERGENCY MEDICAL SERVICES ACT

4D - AUTOMATED EXTERNAL DEFIBRILLAT

4E - UNIFORM MATERNAL SCREENING ACT

4F - EXPEDITED PARTNER THERAPY

5 - VITAL STATISTICS

5A - CANCER CONTROL

5B - HOSPITALS AND SIMILAR INSTITUT

5C - NURSING HOMES

5D - ASSISTED LIVING RESIDENCES

5E - REGISTRATION AND INSPECTION OF

5F - HEALTH CARE FINANCIAL DISCLOSU

5G - OPEN HOSPITAL PROCEEDINGS

5H - CHRONIC PAIN CLINIC LICENSING

5I - HOSPICE LICENSURE ACT

5J - CLINICAL LABORATORIES QUALITY

5K - EARLY INTERVENTION SERVICES FO

5L - LONG-TERM CARE OMBUDSMAN PROGR

5M - OSTEOPOROSIS PREVENTION EDUCAT

5N - RESIDENTIAL CARE COMMUNITIES

5O - MEDICATION ADMINISTRATION BY U

5P - SENIOR SERVICES

5Q - THE JAMES TIGER MORTON CATASTR

5R - THE ALZHEIMER'S SPECIAL CARE S

5S - OLDER WEST VIRGINIANS ACT

5T - CARE HOME ADVISORY BOARD

5U - ARTHRITIS PREVENTION EDUCATION

5V - EMERGENCY MEDICAL SERVICES RET

5W - WEST VIRGINIA OFFICIAL PRESCRI

5X - CAREGIVER ADVISE, RECORD AND E

5Y - MEDICATION-ASSISTED TREATMENT

6 - HOTELS AND RESTAURANTS

7 - PURE FOOD AND DRUGS

8 - ELECTROLOGISTS

8A - NARCOTIC DRUGS

8B - DANGEROUS DRUGS ACT

9 - OFFENSES GENERALLY

9A - TOBACCO USAGE RESTRICTIONS

9B - IMPLEMENTING TOBACCO MASTER SE

9C - STATE TOBACCO GROWERS' SETTLEM

9D - ENFORCEMENT OF STATUTES IMPLEM

9E - DELIVERY SALES OF TOBACCO

9F - COUNTERFEIT CIGARETTES

10 - UNIFORM DETERMINATION OF DEAT

11 - SEXUAL STERILIZATION

12 - SANITARY DISTRICTS FOR SEWAGE

13 - SEWAGE WORKS AND STORMWATER W

13A - PUBLIC SERVICE DISTRICTS

13B - COMMUNITY IMPROVEMENT ACT

13C - DRINKING WATER TREATMENT REV

13D - REGIONAL WATER AND WASTEWATE

13E - COMMUNITY ENHANCEMENT ACT

14 - BARBERS AND COSMETOLOGISTS

15 - STATE HOUSING LAW

16 - HOUSING COOPERATION LAW

17 - NATIONAL DEFENSE HOUSING

18 - SLUM CLEARANCE

19 - ANATOMICAL GIFT ACT

20 - AIR POLLUTION CONTROL

21 - BLOOD DONATIONS

22 - DETECTION AND CONTROL OF PHEN

22A - TESTING OF NEWBORN INFANTS F

22B - BIRTH SCORE PROGRAM

23 - TRANSFUSION OF BLOOD; TRANSPL

24 - STATE HEMOPHILIA PROGRAM

25 - DETECTION OF TUBERCULOSIS, HI

26 - WEST VIRGINIA SOLID WASTE MAN

27 - STORAGE AND DISPOSAL OF RADIO

27A - BAN ON CONSTRUCTION OF NUCLE

28 - ASSISTANCE TO KOREAN AND VIET

29 - HEALTH CARE RECORDS

29A - WEST VIRGINIA HOSPITAL FINAN

29B - HEALTH CARE AUTHORITY

29C - INDIGENT CARE

29D - STATE HEALTH CARE

29E - LEGISLATIVE OVERSIGHT COMMIS

29F - UNINSURED AND UNDERINSURED P

29G - WEST VIRGINIA HEALTH INFORMA

29H - INTERAGENCY HEALTH COUNCIL

29I - WEST VIRGINIA HEALTH CARE AU

30 - WEST VIRGINIA HEALTH CARE DEC

30A - MEDICAL POWER OF ATTORNEY

30B - HEALTH CARE SURROGATE ACT

30C - DO NOT RESUSCITATE ACT

31 - COMMUNITY RIGHT TO KNOW

32 - ASBESTOS ABATEMENT

33 - BREAST AND CERVICAL CANCER PR

34 - LICENSURE OF RADON MITIGATORS

35 - LEAD ABATEMENT

36 - NEEDLESTICK INJURY PREVENTION

37 - BODY PIERCING STUDIO BUSINESS

38 - TATTOO STUDIO BUSINESS

39 - PATIENT SAFETY ACT

40 - STATEWIDE BIRTH DEFECTS INFOR

41 - ORAL HEALTH IMPROVEMENT ACT

42 - COMPREHENSIVE BEHAVIORAL HEAL

43 - ENGINE COOLANT AND ANTIFREEZE

44 - THE PULSE OXIMETRY NEWBORN TE

45 - TANNING FACILITIES

46 - ACCESS TO OPIOID ANTAGONISTS

47 - ALCOHOL AND DRUG OVERDOSE PRE

48 - WEST VIRGINIA ABLE ACT
    16 - 48 - 1
    16 - 48 - 2
    16 - 48 - 3
    16 - 48 - 4
    16 - 48 - 5
    16 - 48 - 6
    16 - 48 - 7
    16 - 48 - 8

49 - WEST VIRGINIA CLEARANCE FOR A

50 - EPINEPHRINE AUTO-INJECTOR AVA

51 - RIGHT TO TRY ACT

WVC 16-
CHAPTER 16. PUBLIC HEALTH.

WVC 16 - 48 - ARTICLE 48. WEST VIRGINIA ABLE ACT.

WVC 16 - 48 - 1 §16-48-1. Short Title.

     This article shall be known and may be cited as the "Achieving a Better Life Experience in West Virginia Act" or the "West Virginia ABLE Act".

WVC 16 - 48 - 2 §16-48-2. Purpose.

     The purpose of the West Virginia ABLE Act savings program is to authorize the establishment of savings accounts empowering individuals with a disability and their families to save private funds to support the individual with a disability and to provide guidelines for the maintenance of such accounts.

WVC 16 - 48 - 3 §16-48-3. Definitions.

     (a) "Account" or "ABLE savings account" means an individual savings account established in accordance with the provisions of this article.

     (b) "Account owner" means the person who enters into an ABLE savings agreement pursuant to the provisions of this article. The account owner must also be the designated beneficiary. A conservator or guardian may be appointed as an account owner for a designated beneficiary who is a minor or lacks capacity to enter into an agreement.

     (c) "Conservator" means a person appointed by the court pursuant to article one, chapter forty-four-a of this code..

     (d)"Designated beneficiary" means a West Virginia resident whose qualified disability expenses may be paid from the account. The designated beneficiary must be an eligible individual at the time the account is established. The account owner may change the designated beneficiary.

     (e)"Eligible individual" means an individual who is entitled to benefits based on blindness or disability under 42 U.S.C. § 401 et seq. or 42 U.S.C. § 1381 et seq., as amended, and such blindness or disability occurred before the date on which the individual attained age twenty-six, or an individual who filed a disability certification, to the satisfaction of the secretary, with the secretary for such taxable year.

     (f)"Financial organization" means an organization authorized to do business in the State of West Virginia and is:

     (1) Licensed or chartered by the Insurance Commissioner;

     (2) Licensed or chartered by the Commissioner of the Division of Financial Institutions;

     (3) Chartered by an agency of the federal government; or

     (4) Subject to the jurisdiction and regulation of the securities and exchange commission of the federal government.

     (g)"Guardian" means a person appointed by the court pursuant to article one, chapter forty-four-a of thos code.

     (h)"Management contract" means the contract executed by the Treasurer and a financial organization selected to act as a depository and manager of the program.

     (i) "Member of the family" has the meaning contained in Section 529a of the federal Internal Revenue Code of 1986, as amended.

     (j)"Nonqualified withdrawal" means a withdrawal from an account which is not:

     (1) A qualified withdrawal; or

     (2) A rollover distribution.

     (k)"Program" means the West Virginia ABLE Act savings program established pursuant to this article.

     (l)"Program manager" means a financial organization selected by the Treasurer to act as a depository and manager of the program.

     (m) "Qualified disability expense" means any qualified disability expense included in Section 529a of the federal Internal Revenue Code of 1986, as amended.

     (n)"Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account.

     (o)"Rollover distribution" means a rollover distribution as defined in Section 529a of the Federal Internal Revenue Code of 1986, as amended.

     (p)"Savings agreement" means an agreement between the program manager or the Treasurer and the account owner.

     (q)"Secretary" means the secretary of the United States Treasury.

     (r)"Treasurer" means the State Treasurer.

WVC 16 - 48 - 4 §16-48-4. Implementation and administration of program; Treasurer's powers and responsibilities.

     (a) The Treasurer shall implement and administer the program under the terms and conditions established by this article. In order to implement and administer the program, the Treasurer may:

     (1) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;

     (2) Seek rulings and other guidance from the secretary and the federal Internal Revenue Service relating to the program;

     (3) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by Section 529a of the federal Internal Revenue Code of 1986, as amended;

     (4) Charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;

     (5) Develop marketing plans and promotion material;

     (6) Establish the methods by which the funds held in accounts shall be dispersed;

     (7) Establish the method by which funds shall be allocated to pay for administrative costs;

     (8) Do all things necessary and proper to carry out the purposes of this act;

     (9) Make an annual evaluation of the ABLE savings program and prepare and submit an annual report of such evaluation to the Governor and Legislature; and

     (10) Notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary.

     (b) The Treasurer may enter into agreements with other states to either allow West Virginia residents to participate in a plan operated by another state or to allow residents of other states to participate in the West Virginia ABLE program.

     (c) the Treasurer shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code necessary to implement the provisions of this article.

WVC 16 - 48 - 5 §16-48-5. Use of financial organizations as program depositories and managers.

     (a) The Treasurer may implement the program through use of financial organizations as account depositories and managers. The Treasurer may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations submitting proposals shall describe the investment instruments which will be held in accounts. The Treasurer may select more than one financial organization and investment instrument for the program. The Treasurer shall select financial organizations to act as program depositories and managers from among the bidding financial organizations that demonstrate the most advantageous combination, both to potential program participants and this state of the following criteria:

     (1) The financial stability and integrity of the financial organization;

     (2) The safety of the investment instrument being offered;

     (3) The ability of the financial organization to satisfy recordkeeping and reporting requirements;

     (4) The financial organization's plan for promoting the program and the investment the organization is willing to make to promote the program;

     (5) The fees, if any, proposed to be charged to the account owners;

     (6) The minimum initial deposit and minimum contributions that the financial organization will require;

     (7) The ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and

     (8) Other benefits to the state or its residents included in the proposal, including fees payable to the state to cover expenses of operation of the program.

     (b) The Treasurer may enter into any contracts with a financial organization necessary to effectuate the provisions of this article. Any management contract shall include, at a minimum, terms requiring the financial organization to:

     (1) Take any action required to keep the program in compliance with requirements of this article and any actions not contrary to its contract to manage the program to qualify as a "qualified ABLE program" as defined in Section 529a of the federal Internal Revenue Code of 1986, as amended;

     (2) Keep adequate records of each account, keep each account segregated from each other account and provide the Treasurer with the information necessary to prepare the statements required by section six of this article, and amendments thereto;

     (3) Compile and total information contained in statements required to be prepared under section six of this article, and amendments thereto, and provide such compilations to the Treasurer;

     (4) If there is more than one program manager, provide the Treasurer with such information as is necessary to determine compliance with section six of this article;

     (5) Provide the Treasurer with access to the books and records of the program manager to the extent needed to determine compliance with the contract, this article and Section 529a of the federal Internal Revenue Code of 1986, as amended;

     (6) Hold all accounts for the benefit of the account owner or owners;

     (7) Be audited at least annually by a firm of certified public accountants selected by the program manager and provide the results of such audit to the Treasurer;

     (8) Provide the Treasurer with copies of all regulatory filings and reports made by the financial organization during the term of the management contract or while the financial organization is holding any accounts, other than confidential filings or reports that will not become part of the program. The program manager shall make available for review by the Treasurer the results of any periodic examination of such manager by any state or federal banking, insurance or securities commission, except to the extent that such report or reports may not be disclosed under law; and

     (9) Ensure that any description of the program, whether in writing or through the use of any media, is consistent with the marketing plan developed pursuant to the provisions of this article.

     (c) The Treasurer may:

     (1) Enter into such contracts as it deems necessary and proper for the implementation of the program;

     (2) Require that an audit be conducted of the operations and financial position of the program depository and manager at any time if the Treasurer has any reason to be concerned about the financial position, the record keeping practices or the status of accounts of such program depository and manager; and

     (3) Terminate or not renew a management agreement. If the Treasurer terminates or does not renew a management agreement, the Treasurer shall take custody of accounts held by such program manager and shall seek to promptly transfer such accounts to another financial organization that is selected as a program manager or depository and into investment instruments as similar to the original instruments as possible.

     (d) The Treasurer and the Department of Health and Human Resources are authorized to exchange data regarding eligible individuals to carry out the purposes of this act.

WVC 16 - 48 - 6 §16-48-6. Establishment of ABLE savings account by beneficiary, conservator, or guardian.

     (a) Any ABLE savings accounts established pursuant to the provisions of this article shall be opened by a designated beneficiary or a conservator or guardian of a designated beneficiary who lacks capacity to enter into a contract and each beneficiary may have only one account. The Treasurer may establish a nonrefundable application fee. An application for such account shall be in the form prescribed by the Treasurer and contain:

     (1) The name, address and social security number of the account owner;

     (2) The name, address and social security number of the designated beneficiary, if the account owner is the beneficiary's trustee conservator or guardian;

     (3) A certification relating to no excess contributions; and

     (4) Any additional information as the Treasurer may require.

     (b) Any person may make contributions to an ABLE savings account after the account is opened, subject to the limitations imposed by Section 529a of the federal Internal Revenue Code of 1986, as amended, or any rules and regulations promulgated by the Secretary pursuant to this article.

     (c) Contributions to ABLE savings accounts may only be made in cash. The Treasurer or program manager shall reject or promptly withdraw:

     (1) Contributions in excess of the limits established pursuant to subsection (b); or

     (2) The total contributions if the:

     (A) Value of the account is equal to or greater than the account maximum established by the Treasurer. Such account maximum must be equal to the account maximum for postsecondary education savings accounts established pursuant to article thirty, chapter eighteen of this code ; or

     (B) The designated beneficiary is not an eligible individual in the current calendar year.

     (d) (1) An account owner may:

     (A) Change the designated beneficiary of an account to an individual who is a member of the family of the prior designated beneficiary in accordance with procedures established by the Treasurer; and

     (B) Transfer all or a portion of an account to another ABLE savings account, the designated beneficiary of which is a member of the family as defined in Section 529a of the federal Internal Revenue Code of 1986, as amended.

     (2) No account owner may use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect.

     (e) (1) Distributions may be made from the account for payment of any qualified disability expense for the designated beneficiary of the account made in accordance with the provisions of this article.

     (2) Any distribution from an account to any individual or for the benefit of any individual during a calendar year shall be reported to the federal Internal Revenue Service and each account owner, the designated beneficiary or the distributee to the extent required by state or federal law.

     (3) Statements shall be provided to each account owner at least four times each year within thirty days after the end of the three-month period to which a statement relates. The statement shall identify the contributions made during the preceding three-month period, the total contributions made to the account through the end of the period, the value of the account at the end of such period, distributions made during such period and any other information that the Treasurer requires to be reported to the account owner.

     (4) Statements and information relating to accounts shall be prepared and filed to the extent required by this article and any other state or federal law.

     (f) (1) The program shall provide separate accounting for each designated beneficiary. An annual fee may be imposed upon the account owner for the maintenance of an account.

     (2) Moneys in an ABLE savings account:

     (A) Are exempt from attachment, execution or garnishment; and

     (B) May be subject to any claim by the West Virginia Medicaid plan only after the death of the designated beneficiary, subject to limitations imposed by the secretary.

WVC 16 - 48 - 7 §16-48-7. Limitation on Liability.

     (a) Nothing in this act creates any obligation of the Treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the:

     (1) Return of principal;

     (2) Rate of interest or other return on any account; or

     (3) Payment of interest or other return on any account.

     (b) The Treasurer may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.

WVC 16 - 48 - 8 §16-48-8. Establishment of savings program trust fund and savings expense fund in State Treasury.

     (a) The West Virginia ABLE savings program trust fund is hereby established in the State Treasury. The fund shall be utilized if the Treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. Such fund shall consist of any moneys deposited by contributors in accordance with this article which are not deposited directly with the program manager. All interest derived from the deposit and investment of moneys in such savings trust fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in such savings trust fund may not be credited or transferred to the State General Fund or to any other fund.

     (b) (1) The West Virginia ABLE Savings Expense Fund is hereby established in the State Treasury. The fund shall consist of moneys received from the ABLE savings program manager, or any governmental or private grants and any state general fund appropriations, if any, for the program.

     (2) All expenses incurred by the Treasurer in developing and administering the ABLE savings program shall be payable from the West Virginia ABLE Savings Expense Fund.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§16 - 28 - 1 - (Repealed Code)
§16 - 28 - 2 - (Repealed Code)
§16 - 28 - 3 - (Repealed Code)
§16 - 28 - 4 - (Repealed Code)
§16 - 28 - 5 - (Repealed Code)
§16 - 28 - 6 - (Repealed Code)
§16 - 28 - 7 - (Repealed Code)
§16 - 28 - 8 - (Repealed Code)
§16 - 28 - 9 - (Repealed Code)
§16 - 28 - 10 - (Repealed Code)
SENATE BILL - 169
PASSED - Regular Session

sb169 enr  (Uploaded - 04/06/2017)
Repealing article providing assistance to Korea and Vietnam veterans exposed to certain chemical defoliants
§16 - 24 - 1 - (Repealed Code)
§16 - 24 - 2 - (Repealed Code)
§16 - 24 - 3 - (Repealed Code)
§16 - 24 - 4 - (Repealed Code)
§16 - 24 - 5 - (Repealed Code)
§16 - 24 - 6 - (Repealed Code)
§16 - 24 - 7 - (Repealed Code)
SENATE BILL - 170
PASSED - Regular Session

sb170 enr  (Uploaded - 04/06/2017)
Repealing state hemophilia program
§16 - 2 K- 1 - (Repealed Code)
§16 - 2 K- 2 - (Repealed Code)
SENATE BILL - 171
PASSED - Regular Session

sb171 enr  (Uploaded - 04/06/2017)
Repealing Programs of All-Inclusive Care for Elderly
§16 - 25 - 1 - (Repealed Code)
§16 - 25 - 2 - (Repealed Code)
§16 - 25 - 3 - (Repealed Code)
§16 - 25 - 4 - (Repealed Code)
SENATE BILL - 176
PASSED - Regular Session

sb176 enr  (Uploaded - 03/14/2017)
Repealing article concerning detection of tuberculosis, high blood pressure and diabetes
§16 - 5 Y- 2 - (Amended Code)
SENATE BILL - 188
PASSED - Regular Session

sb188 enr  (Uploaded - 03/14/2017)
Correcting definition of "telehealth" in medication-assisted treatment programs
§16 - 52 - 1 - (New Code)
§16 - 52 - 2 - (New Code)
§16 - 52 - 3 - (New Code)
§16 - 52 - 4 - (New Code)
§16 - 52 - 5 - (New Code)
SENATE BILL - 339
PASSED - Regular Session

SB339 SUB2 enr  (Uploaded - 04/28/2017)
Creating Legislative Coalition on Chronic Pain Management
§16 - 5 Z- 1 - (New Code)
§16 - 5 Z- 2 - (New Code)
§16 - 5 Z- 3 - (New Code)
§16 - 5 Z- 4 - (New Code)
§16 - 5 Z- 5 - (New Code)
SENATE BILL - 360
PASSED - Regular Session

SB360 SUB2 enr  (Uploaded - 04/14/2017)
Creating Legislative Coalition on Diabetes Management
§16 - 29 - 1 - (Amended Code)
§16 - 29 - 2 - (Amended Code)
SENATE BILL - 578
PASSED - Regular Session

sb578 enr  (Uploaded - 04/14/2017)
Relating generally to copies of health care records furnished to patients
§16 - 2 F- 1 - (Amended Code)
§16 - 2 F- 2 - (Amended Code)
§16 - 2 F- 3 - (Amended Code)
§16 - 2 F- 4 - (Amended Code)
§16 - 2 F- 5 - (Amended Code)
§16 - 2 F- 6 - (Amended Code)
§16 - 2 F- 8 - (Amended Code)
HOUSE BILL - 2002
PASSED - Regular Session

HB2002 SUB ENR  (Uploaded - 04/14/2017)
Relating to parental notification of abortions performed on unemancipated minors
§16 - 2 J- 1 - (Repealed Code)
§16 - 2 J- 2 - (Repealed Code)
§16 - 2 J- 3 - (Repealed Code)
§16 - 2 J- 4 - (Repealed Code)
§16 - 2 J- 5 - (Repealed Code)
§16 - 2 J- 6 - (Repealed Code)
§16 - 2 J- 7 - (Repealed Code)
§16 - 2 J- 8 - (Repealed Code)
§16 - 2 J- 9 - (Repealed Code)
HOUSE BILL - 2301
PASSED - Regular Session

HB2301 SUB ENR  (Uploaded - 03/20/2017)
Relating to direct primary care
§16 - 53 - 1 - (New Code)
§16 - 53 - 2 - (New Code)
§16 - 53 - 3 - (New Code)
HOUSE BILL - 2428
PASSED - Regular Session

HB2428 SUB ENR  (Uploaded - 04/17/2017)
Establishing additional substance abuse treatment facilities
§16 - 3 - 4 A - (New Code)
HOUSE BILL - 2431
PASSED - Regular Session

hb2431 ENR  (Uploaded - 03/20/2017)
Allowing influenza immunizations to be offered to patients and residents of specified facilities
§16 - 2 D- 2 - (Amended Code)
§16 - 2 D- 3 - (Amended Code)
§16 - 2 D- 4 - (Amended Code)
§16 - 2 D- 5 - (Amended Code)
§16 - 2 D- 5 F - (Repealed Code)
§16 - 2 D- 8 - (Amended Code)
§16 - 2 D- 9 - (Amended Code)
§16 - 2 D- 10 - (Amended Code)
§16 - 2 D- 11 - (Amended Code)
§16 - 2 D- 13 - (Amended Code)
§16 - 2 D- 15 - (Amended Code)
§16 - 2 D- 16 - (Amended Code)
§16 - 5 B- 17 - (Amended Code)
§16 - 5 F- 1 - (Repealed Code)
§16 - 5 F- 2 - (Repealed Code)
§16 - 5 F- 3 - (Repealed Code)
§16 - 5 F- 4 - (Repealed Code)
§16 - 5 F- 5 - (Repealed Code)
§16 - 5 F- 6 - (Repealed Code)
§16 - 5 F- 7 - (Repealed Code)
§16 - 29 B- 2 - (Amended Code)
§16 - 29 B- 3 - (Amended Code)
§16 - 29 B- 5 - (Amended Code)
§16 - 29 B- 5 A - (New Code)
§16 - 29 B- 6 - (Repealed Code)
§16 - 29 B- 7 - (Repealed Code)
§16 - 29 B- 8 - (Amended Code)
§16 - 29 B- 9 - (Repealed Code)
§16 - 29 B- 10 - (Repealed Code)
§16 - 29 B- 11 - (Repealed Code)
§16 - 29 B- 12 - (Amended Code)
§16 - 29 B- 17 - (Repealed Code)
§16 - 29 B- 18 - (Repealed Code)
§16 - 29 B- 22 - (Repealed Code)
§16 - 29 B- 23 - (Repealed Code)
§16 - 29 B- 24 - (Repealed Code)
§16 - 29 B- 25 - (Repealed Code)
§16 - 29 B- 26 - (Amended Code)
§16 - 29 B- 27 - (Repealed Code)
§16 - 29 B- 28 - (Amended Code)
§16 - 29 B- 29 - (Repealed Code)
§16 - 29 B- 30 - (New Code)
§16 - 29 G- 1 A - (New Code)
§16 - 29 G- 4 - (Amended Code)
§16 - 29 I- 1 - (Repealed Code)
§16 - 29 I- 2 - (Repealed Code)
§16 - 29 I- 3 - (Repealed Code)
§16 - 29 I- 4 - (Repealed Code)
§16 - 29 I- 5 - (Repealed Code)
§16 - 29 I- 6 - (Repealed Code)
§16 - 29 I- 7 - (Repealed Code)
§16 - 29 I- 8 - (Repealed Code)
§16 - 29 I- 9 - (Repealed Code)
§16 - 29 I- 10 - (Repealed Code)
HOUSE BILL - 2459
PASSED - Regular Session

HB2459 SUB ENR  (Uploaded - 05/05/2017)
Relating to regulation of health care and the certificate of need process
§16 - 45 - 3 - (Amended Code)
§16 - 45 - 5 - (Amended Code)
HOUSE BILL - 2520
PASSED - Regular Session

HB2520 SUB ENR  (Uploaded - 04/14/2017)
Prohibiting the use of a tanning device by a person under the age of eighteen
§16 - 5 V- 13 - (Amended Code)
HOUSE BILL - 2586
PASSED - Regular Session

HB2586 SUB ENR  (Uploaded - 04/04/2017)
Relating to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board
§16 - 5 T- 1 - (New Code)
§16 - 5 T- 2 - (New Code)
§16 - 5 T- 3 - (New Code)
§16 - 5 T- 4 - (New Code)
§16 - 5 T- 5 - (New Code)
HOUSE BILL - 2620
PASSED - Regular Session

HB2620 SUB ENR  (Uploaded - 04/14/2017)
West Virginia Drug Overdose Monitoring Act
§16 - 12 - 11 - (Amended Code)
§16 - 13 - 3 - (Amended Code)
§16 - 13 A- 7 - (Amended Code)
HOUSE BILL - 2897
PASSED - Regular Session

HB2897 SUB ENR  (Uploaded - 04/14/2017)
Raising the amount required for competitive bidding of construction contracts by the state and its subdivisions
§16 - 13 A- 8 - (Amended Code)
§16 - 13 A- 9 - (Amended Code)
HOUSE BILL - 3096
PASSED - Regular Session

HB3096 SUB ENR  (Uploaded - 04/14/2017)
Relating to operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state
§16 - 2 D- 11 - (Amended Code)
§16 - 29 B- 3 - (Amended Code)
§16 - 29 B- 8 - (Amended Code)
§16 - 29 B- 24 - (New Code)
§16 - 29 B- 25 - (New Code)
HOUSE BILL - 117
PASSED - 1st Special Session

HB117 SUB ENR  (Uploaded - 06/16/2017)
Relating to West Virginia Health Care Authority
§16 - 5 - 19 - (Amended Code)
SENATE BILL - 1014
PASSED - 1st Special Session

sb1014 enr  (Uploaded - 06/13/2017)
Relating generally to physician assistants
§16 - 29 B- 1 - (Amended Code)
§16 - 29 B- 10 - (Amended Code)
§16 - 29 B- 19 - (Repealed Code)
§16 - 29 B- 19 A - (Repealed Code)
§16 - 29 B- 20 - (Repealed Code)
§16 - 29 B- 20 A - (Repealed Code)
§16 - 29 B- 21 - (Repealed Code)
§16 - 29 B- 21 A - (Repealed Code)
§16 - 29 B- 27 - (Amended Code)
SENATE BILL - 68
PASSED - Regular Session

SB68 SUB1 ENR  (Uploaded - 03/09/2016)
Disallowing Health Care Authority to conduct rate review and set rates for hospitals
§16 - 4 F- 1 - (New Code)
§16 - 4 F- 2 - (New Code)
§16 - 4 F- 3 - (New Code)
§16 - 4 F- 4 - (New Code)
§16 - 4 F- 5 - (New Code)
SENATE BILL - 123
PASSED - Regular Session

SB123 ENR  (Uploaded - 02/17/2016)
Treatment for sexually transmitted diseases
§16 - 3 C- 2 - (Amended Code)
§16 - 4 - 19 - (Amended Code)
SENATE BILL - 404
PASSED - Regular Session

SB404 SUB1 ENR  (Uploaded - 03/23/2016)
Removing prohibition on billing persons for testing for HIV and sexually transmitted diseases
§16 - 51 - 1 - (New Code)
§16 - 51 - 2 - (New Code)
§16 - 51 - 3 - (New Code)
§16 - 51 - 4 - (New Code)
§16 - 51 - 5 - (New Code)
§16 - 51 - 6 - (New Code)
§16 - 51 - 7 - (New Code)
§16 - 51 - 8 - (New Code)
SENATE BILL - 416
PASSED - Regular Session

SB416 ENR  (Uploaded - 03/11/2016)
Allowing terminally ill patients access to investigational products
§16 - 46 - 3 - (Amended Code)
§16 - 46 - 3 A - (New Code)
§16 - 46 - 5 - (Amended Code)
§16 - 46 - 6 - (Amended Code)
SENATE BILL - 431
PASSED - Regular Session

SB431 enr  (Uploaded - 03/18/2016)
Authorizing pharmacists and pharmacy interns dispense opioid antagonists
§16 - 1 - 4 - (Amended Code)
§16 - 5 Y- 1 - (New Code)
§16 - 5 Y- 2 - (New Code)
§16 - 5 Y- 3 - (New Code)
§16 - 5 Y- 4 - (New Code)
§16 - 5 Y- 5 - (New Code)
§16 - 5 Y- 6 - (New Code)
§16 - 5 Y- 7 - (New Code)
§16 - 5 Y- 8 - (New Code)
§16 - 5 Y- 9 - (New Code)
§16 - 5 Y- 10 - (New Code)
§16 - 5 Y- 11 - (New Code)
§16 - 5 Y- 12 - (New Code)
§16 - 5 Y- 13 - (New Code)
SENATE BILL - 454
PASSED - Regular Session

SB454 SUB2 ENR  (Uploaded - 03/23/2016)
Licensing and regulating medication-assisted treatment programs for substance use disorders
§16 - 32 - 2 - (Amended Code)
§16 - 32 - 11 - (Amended Code)
SENATE BILL - 545
PASSED - Regular Session

SB545 SUB1 ENR  (Uploaded - 03/15/2016)
Relating to asbestos abatement on oil and gas pipelines
§16 - 5 V- 2 - (Amended Code)
SENATE BILL - 563
PASSED - Regular Session

SB563 ENR  (Uploaded - 03/15/2016)
Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members
§16 - 29 B- 26 - (Amended Code)
§16 - 29 B- 28 - (New Code)
§16 - 29 B- 29 - (New Code)
SENATE BILL - 597
PASSED - Regular Session

SB597 SUB1 ENR  (Uploaded - 03/17/2016)
Relating generally to Health Care Authority
§16 - 1 - 9 C - (Amended Code)
SENATE BILL - 625
PASSED - Regular Session

SB625 SUB1 ENR  (Uploaded - 03/15/2016)
Revising exceptions from FOIA provided for in Aboveground Storage Tank Act
§16 - 5 - 19 - (Amended Code)
HOUSE BILL - 4334
PASSED - Regular Session

hb4334 ENR  (Uploaded - 03/17/2016)
Clarifying the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority
§16 - 2 D- 1 - (Amended Code)
§16 - 2 D- 2 - (Amended Code)
§16 - 2 D- 3 - (Amended Code)
§16 - 2 D- 4 - (Amended Code)
§16 - 2 D- 4 A - (Repealed Code)
§16 - 2 D- 4 B - (Repealed Code)
§16 - 2 D- 5 - (Amended Code)
§16 - 2 D- 5 A - (Repealed Code)
§16 - 2 D- 5 B - (Repealed Code)
§16 - 2 D- 5 C - (Repealed Code)
§16 - 2 D- 5 D - (Repealed Code)
§16 - 2 D- 5 E - (Repealed Code)
§16 - 2 D- 6 - (Amended Code)
§16 - 2 D- 7 - (Amended Code)
§16 - 2 D- 7 A - (Repealed Code)
§16 - 2 D- 8 - (Amended Code)
§16 - 2 D- 9 - (Amended Code)
§16 - 2 D- 10 - (Amended Code)
§16 - 2 D- 11 - (Amended Code)
§16 - 2 D- 12 - (Amended Code)
§16 - 2 D- 13 - (Amended Code)
§16 - 2 D- 14 - (Amended Code)
§16 - 2 D- 15 - (Amended Code)
§16 - 2 D- 16 - (New Code)
§16 - 2 D- 17 - (New Code)
§16 - 2 D- 18 - (New Code)
§16 - 2 D- 19 - (New Code)
§16 - 2 D- 20 - (New Code)
HOUSE BILL - 4365
PASSED - Regular Session

HB4365 SUB ENR  (Uploaded - 03/16/2016)
Relating to the certificate of need process
§16 - 5 B- 18 - (New Code)
HOUSE BILL - 4388
PASSED - Regular Session

HB4388 SUB ENR  (Uploaded - 03/17/2016)
Relating to stroke centers
§16 - 5 G- 2 - (Amended Code)
§16 - 5 G- 4 - (Amended Code)
HOUSE BILL - 4520
PASSED - Regular Session

HB4520 SUB ENR  (Uploaded - 03/09/2016)
Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public
§16 - 5 H- 2 - (Amended Code)
§16 - 5 H- 5 - (Amended Code)
§16 - 5 H- 7 - (Amended Code)
HOUSE BILL - 4537
PASSED - Regular Session

HB4537 SUB ENR  (Uploaded - 03/23/2016)
Relating to the regulation of chronic pain clinics
§16 - 2 - 11 - (Amended Code)
HOUSE BILL - 4659
PASSED - Regular Session

HB4659 SUB ENR  (Uploaded - 03/16/2016)
Authorizing local health departments to bill health insurance plans for services
§16 - 4 C- 6 C - (Amended Code)
HOUSE BILL - 4726
PASSED - Regular Session

hb4726 ENR  (Uploaded - 03/11/2016)
Relating to coal mining generally
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2017 West Virginia Legislature ***