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Introduced Version House Bill 4666 History

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BILL ORIGINATING FROM COMMITTEE
H. B. 4666


(By Delegates Perdue, Hatfield, Border, Moore, Lawrence, Marshall, Manypenny, Phillips, Eldridge, Lane and C. Miller )


(Originating in the Committee on Health and Human Resources)


[February 24,2010]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, and §16-43-3, all relating to establishing a grant program for substance abuse prevention, intervention, treatment and recovery through the Department of Health and Human Resources and creating a funding mechanism; creating a special revenue account and creating an Alcohol and Drug Disbursement Board under the Department of Health and Human Resources.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-43-1, §16-43-2, and §16-43-3
, all to read as follows:
ARTICLE 43. SUBSTANCE ABUSE PREVENTION, INTERVENTION, TREATMENT AND RECOVERY.
§16-43-1. Purpose.
The purpose of this article is to take bold, aggressive action against the substance abuse problems that are pervasive in this state. Changing the environment in our state that currently permits the problem to thrive requires the implementation of a well developed state plan.
§16-43-2. Funding Plan.
Funds, or a portion thereof, from the special revenue account established in article four-a, chapter nine, section 2a, known as the "medicaid excess fund", not to exceed $25,000,000 annually, along with any additional appropriations made by the Legislature, shall be transferred to the special account in the State Treasury to be known as the "Prevention, Intervention, Treatment and Recovery Fund". Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code. Funds shall be expended in a manner consistent with "the Governor's Comprehensive Strategic Plan to Address Substance Abuse in West Virginia" and the recommendations of the Partnership to Promote Community Well-Being. There shall be priority consideration given to unserved or underserved areas of the state. There shall be a grant program developed by the Alcohol and Drug Disbursement Board created herein to be staffed by the Bureau for Behavioral Health and Health Facilities.
§16-43-3. Creation of the Alcohol and Drug Disbursement Board.
(a) There is hereby created a alcohol and drug disbursement board who shall make decisions on how the money in the drug prevention, intervention, treatment and recovery fund created herein is to be spent to enhance the services available in the state to reduce the effect of drug abuse on the state. The board shall consist of ten members and the Secretary of the Department of Health and Human Resources who shall serve ex officio and be the chair. The board shall be appointed as follows: One circuit court judge appointed by the judicial association; one addiction specialist appointed by the Behavioral Health Provider's Association; one representative of the Partnership to Promote Community Well-Being; one representative of the West Virginia Association of Alcohol and Drug Abuse Counselors; one representative of the West Virginia Association of Fellowship Homes; one representative of the Bureau of Behavioral Health and Health Facilities; one representative of the Mental Health Consumer's Association; one consumer representative of the Partnership to Promote Community Well-being; one representative of sheriffs appointed by the West Virginia Sheriffs Association; and one representative of the State Police appointed by the secretary of the Department of Military Affairs and Public Safety. All decisions of the board shall be evidence-based and data driven.
(b) The members of the board shall each serve terms that commence on the first day of January, two thousand eleven. Of the initial appointments to the board, four shall serve for two-year terms, three shall serve for three-year terms and three shall serve for four-year terms. Thereafter, each appointment shall be for a four-year term commencing upon the expiration of his or her previous term or of his or her predecessor's term. No member may be appointed for more than three consecutive terms. Vacancies shall be appointed in a like manner for the balance of an unexpired term.
(c)
An annual report shall be prepared for the Legislative Oversight Commission on Health and Human Resource Accountability to inform the commission of the methodology used to make funding decisions and the funding decisions made."


NOTE: The purpose of this bill is to create a funding methodology to provide substance abuse prevention, intervention, treatment and recovery services in the state and to create a special revenue fund.

This is a new article; therefore, underscoring has been included.








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