H. B. 3197
(By Delegates Leach, Michael, Mezzatesta, Varner,
Anderson, G. White and Browning
)
(Originating in the Committee on Finance)
[February 26, 2003]
A BILL to amend article five-e, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine-e, relating to the use of federal funds for youth in the
custody of the division of juvenile services; requiring state
plans and memoranda of understanding; and exempting the
division of juvenile services from the review process required
when obtaining a certificate of need.
Be it enacted by the Legislature of West Virginia:
That article five-e, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended, by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-9e. Coordination between the division and the department of
health and human resources relating to the provision of health services and the use of federal funds;
provisions for certificate of need.
(a) In order to maximize the federal funds available to the
youth of the state. The Legislature finds that it is necessary for
the division of juvenile services to be eligible for federal funds
available to the greatest extent possible.
(b) On or before the first day of October, two thousand three,
the secretary of the department of health and human resources and
the secretary of the department of military affairs and public
safety shall establish a state health plan or plans and enter any
required memoranda of understanding whereby the division of
juvenile services would be eligible for federal funds for youth in
the division's custody, including eligibility for federal funds
available to the state pursuant to the federal Social Security Act
and medicaid. The secretaries shall submit the plan or plans and
any memoranda of understanding to the joint committee on government
and finance by the first day of October, two thousand three.
(c) Notwithstanding the provisions of article two-d, chapter
sixteen of this code, the health care authority shall issue a
certificate of need upon request by the division without the review
required by article two-d, chapter sixteen.
(d) Beginning in April, two thousand three, the secretary of
the department of health and human resources and the secretary of
the department of military affairs and public safety shall
report
monthly on the progress toward the requirements of subsection (a)
of this section to the joint standing committee on finance.