SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 2736 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2017 regular session

Introduced

House Bill 2736

By Delegate Ellington and E. Nelson

[Introduced February 28, 2017; Referred
to the Committee on Health and Human Resources then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-25, relating to the selling of certain state owned long-term care facilities by the Secretary of the Department of Health and Human Resources; creating in the State Treasury a special revenue account to be known as the “Health Care Facilities Liquidation Fund”; requiring the secretary to prepare an accounting of all such assets, and providing that expenditures from the fund are not authorized from collections deposited in the fund but are to be made only in accordance with appropriation by the Legislature.

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 §9-5-25, to read as follows:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-25. Selling of state owned health care facilities.


(a) The Secretary of the Department of Health and Human Resources is hereby authorized on behalf of the State of West Virginia to divest the state of long-term care facilities managed, directed, controlled and governed by the secretary, including:

(1) Land, buildings and improvements;

(2) Equipment, furniture and fixtures;

(3) Other physical assets, including records, databases, inventory and any other items utilized in the operation of the facilities;

(4) Employment, patient and contractual interests;

(5) Licenses; and

(6) All other assets excluding any cash, cash equivalents and marketable securities.

(b) This section is not subject to the purchasing requirements of article three, chapter five-a of this code.

(c) Sells and transfers under this section are exempt from certificate of need requirements provided in article two-d, chapter sixteen of this code;

(d) The Director of the Division of Personnel shall create a plan and coordinate with the secretary to create strategy to minimize the effects employees.

(e) The secretary shall prepare a complete accounting of all assets to the Joint Committee on Government and Finance. At a minimum, the secretary shall track the location and the revenue from selling the skilled nursing home bed and share that information with the Health Care Authority.

(f) There is hereby created in the State Treasury a special revenue account to be known as the “Health Care Facilities Liquidation Fund.” The fund shall consist of appropriations to effectuate the purposes of this section and any revenue or sales proceeds derived from activities provided in accordance with this section.  Expenditures from the fund are for the purposes set forth in this section 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.

(g) This section shall be liberally construed to effectuate the purposes thereof.

 

NOTE: The purpose of this bill is to authorize the selling of state-owned long-term care facilities by the Secretary of the Department of Health and Human Resources.   

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print