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SB657 SUB2 Senate Bill 657 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 657

(By Senators Prezioso, Jenkins, Wells, Kessler,

Oliverio, Foster and Stollings)

____________

[Originating in the Committee on Finance;

reported March 1, 2010.]

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A BILL to repeal §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14E-2 of said code; and to amend said code by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all relating to the creation of programs for the treatment of traumatic brain injury; creating a special revenue fund; increasing fees for reports generated by sheriffs' offices; directing fees to the fund; authorizing the state Medicaid agency to apply for a home- and community-based waiver to serve eligible individuals; and authorizing the Bureau of Behavioral Health and Health Facilities to create and administer a state program for eligible individuals.

Be it enacted by the Legislature of West Virginia:
That §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5, and §18-10K-6 of the Code of West Virginia, 1931, as amended, be repealed; that §7-14E-2 of said code be amended and reenacted; and that said code be amended by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO DEPUTY SHERIFF'S RETIREMENT SYSTEM AND THE TRAUMATIC BRAIN INJURY FUND.

§7-14E-2. Statewide uniform fees for reports generated by sheriff's offices; dedication of fees.

(a) The county commission of each county in this state shall set a fee for obtaining certain reports. This fee shall be set at a minimum of ten dollars $20 for each report, with a maximum of twenty dollars $30 for each report. $10 of the charge for each report shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter. $10 of the charge for each report shall be deposited into the Traumatic Brain Injury Fund created in section two, article forty-three, chapter sixteen of this code. The reports for which a charge may be made are traffic accident reports, criminal investigation reports, incident reports and property reports.
(b) All sheriff's offices in this state shall collect a fee of $5 for performing the following services: Adult private employment fingerprinting; fingerprinting for federal firearm permits; motor vehicle number identification; adult identification cards; and photo-identification cards. Upon collection, these fees shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter.
(c) All sheriff's offices in this state shall collect a fee of $5 for each nongovernmental background investigation report. Upon collection, these fees shall be deposited into the Deputy Sheriff Retirement Fund created in section six, article fourteen-d of this chapter.
(d) No charge may be made under this section for any report or reports made to governmental agencies.
(e) Any county commission which fails to make any payment due the Deputy Sheriff Retirement Fund and the Traumatic Brain Injury Fund by the fifteenth day following the end of each calendar month in which a fee or other contribution is received by the county's sheriff may be required to pay the actuarial rate of interest lost on the total amount owed for each day the payment is delinquent. Accrual of the loss of earnings owed by the delinquent county commission commences after the fifteenth day following the end of the calendar month in which the fee or other contribution is due and continues until receipt of the delinquent amount. Interest compounds daily and the minimum surcharge is $50.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 43. WEST VIRGINIA TRAUMATIC BRAIN INJURY ACT.
§16-43-1. Traumatic brain injury programs
.
(a) The Bureau for Medical Services is hereby authorized to apply to the Centers for Medicare and Medicaid Services for a waiver to administer a home and community based services program for persons with traumatic brain injury who meet the eligibility requirements for those services.
(b) There is hereby created within the Bureau for Behavioral Health and Health Facilities, a state program for persons with a traumatic brain injury. The bureau shall develop the eligibility requirements for the state program and develop the appropriate array of services, which may include, but are not limited to, case management; rehabilitative therapies and services; attendant care; home accessibility modifications; and family support services. The array of services may change annually dependent upon the amount of funding available for the program. This program is limited to persons with traumatic brain injury who do not meet the eligibility requirements for the program offered pursuant to subsection (a) of this section.
(c) For purposes of this article, "traumatic brain injury" is a nondegenerative, noncongenital insult to the brain caused by an external physical force resulting in total or partial disability and or psycho-social impairment.
§16-43-2. Fund created; administration of fund. (a) There is created within the state treasury a special revenue account to be designated the "Traumatic Brain Injury Fund" which shall be an interest-bearing account that may be invested and retain all earnings.
(b) Expenditures from the fund shall be exclusively for the purposes set forth in this article. Fifty percent of the moneys in the fund shall be transferred to the Bureau for Medical Services for certification of the state match for the home and community based waiver program as authorized in this article. Fifty percent of the moneys in the fund shall be transferred to the Bureau for Behavioral Health and Health Facilities for the state program to provide services for those persons with traumatic brain injury that are otherwise ineligible for the waiver services.
(c) Nothing in this article may be construed to mandate additional funding for the traumatic brain injury programs or to require any additional appropriation by the Legislature.
§16-43-3. Limitations and priorities for use of the state program funds.

The Bureau for Behavioral Health and Health Facilities shall establish priorities and criteria for the provision of services in the state program. In all instances, moneys expended for the state program shall be as a payer of last resort and only for citizens of this state. An eligible individual shall use comparable benefits and services that are available prior to the expenditure of moneys available to that individual through the fund.
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