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Enrolled Version - Final Version Senate Bill 672 History

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SB672 SUB1 enr
ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 672

(Senators Kessler, Helmick, McCabe, Prezioso, Plymale, Stollings, Jenkins, Minard, Unger and Wells, original sponsors)

____________

[Passed April 8, 2009; to take effect July 1, 2009.]

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AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-2-9a, relating generally to mental health; creating Mental Health Stabilization Act of 2009; making legislative findings; increasing reimbursement rates in mental health service codes; requiring periodic reports to the Legislature; and providing an implementation date and a termination date.

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 section, designated §9-2-9a, to read as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-9a. Mental Health Stabilization Act of 2009.
(a) Legislative findings. -- The Legislature hereby finds and declares:
(1) The West Virginia community mental health system is in a state of crisis. There are not sufficient community resources to meet the needs of the state's population.
(2) It is the public policy of West Virginia that the state should have a mental health system that provides a continuum of care for people with mental health needs. This continuum may include preventive and primary mental health services, peer supports, community supports, group homes, case management, crisis intervention services and an appropriate number of hospital beds. There is also recognition that the state has limited financial resources.
(3) The state has been the subject of various court orders as result of the manner in which it dealt with people with mental health needs and the Legislature desires to be proactive and resolve issues surrounding mental illness without the intervention of the courts.
(4) The current rate of involuntary mental health commitments and the incarceration of people with mental health needs are at a level that is utilizing significant state resources. The resources could be used in the provision of community mental health services in a way that improves clinical outcomes and more efficiently utilizes the state's limited resources. The result should be a reduction in the level of involuntary commitments and incarceration for those people with mental health needs.
(b) To the maximum full extent of additional appropriations
by the Legislature to increase reimbursement rates for behavioral health clinic and rehabilitation services as provided for in this act in the fiscal year that begins July 1, 2009, and in any fiscal year thereafter, and of federal participation dollars attributable thereto and subject to provisions of state and federal laws and regulations, the secretary, in addition to all other powers, duties and responsibilities granted and assigned to that office in this chapter and elsewhere by law, shall increase proportionally across the board the reimbursement rates for behavioral health clinic and rehabilitation services in the following service codes in order to help stabilize the mental health system which is in crisis:
Service Description
Service Code

Mental Health Assessment by Nonphysician
H0031

Mental Health Service Plan Development
T1017

Mental Health Service Plan Development
H0032

Mental Health Service Plan Development (Home base)
H0032

Mental Health Service Plan Development by Psychologist
H0032 AH

Physician Coordinated Care Oversight Services
G9008

Behavioral Health Counseling, Professional, Individual
H0004 H0

Behavioral Health Counseling, Professional,
Individual (Home Based)
H0004 H0

Behavioral Health Counseling, Professional, Group
H0004 H0HQ

Behavioral Health Counseling, Supportive, Individual
H0004

Behavioral Health Counseling, Supportive,
Individual (Home Based)
H0004

Behavioral Health Counseling, Supportive, Group
H0004 HQ

Skills Training and Development 1:1 by Paraprofessional
H2014 U4

Skills Training and Development 1:1 by
Paraprofessional (Home Based)
H2014 U4

Skills Training and Development 1:2-4 by
Paraprofessional
H2014 U1

Skills Training and Development 1:1 by
Paraprofessional
H2014 HN U4

Skills Training and Development 1:1 by
Professional (Home Based)
H2014 HN U4

Skills Training and Development 1:2-4 by
Professional
H2014 HN U1

Skills Training and Development 1:2-4 by
Professional (Home Based)
H2014 HN U1

Therapeutic Behavioral Health Services -
Development
H2019 HO

Therapeutic Behavioral Services - Development (Home Based)
H2019 HO

Therapeutic Behavioral Services - Implementation
H2019

Therapeutic Behavioral Services -
Implementation (Home Based)
H2019

Crisis Intervention
H2011

Crisis Intervention (Home Based)
H2011

Comprehensive Community Support
Services Tx Ratio 1:12
H2015 U1

Comprehensive Community Support
Services Tx Ratio 1:8
H2015 U2

Comprehensive Community Support
Services (structured program 1:1)
H2014 U1

Crisis Stabilization - Community Psychiatric
Supportive Treatment
H0036

ACT (daily rate)
H0040

Daily Treatment
H2012

Comprehensive Medication Services Mental Health
H2010

(c) This section does not preclude any other rate increase authorized by law.
(d) The secretary shall provide a written report monthly to the Joint Committee on Government and Finance created by section one, article three, chapter four of this code and the Legislative Oversight Commission on Health and Human Resources Accountability created by section four, article twenty-nine-e, chapter sixteen of this code on the development and implementation of the provisions of this section until they have been fully implemented.
(e) The provisions of this section shall be implemented by July 1, 2009, or ninety days after the budget is enacted for the fiscal year beginning July 1, 2009, whichever occurs last. This section shall expire and be of no further effect beginning July 1, 2013.
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