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Introduced Version House Bill 2767 History

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hb2767 intr
H. B. 2767


          (By Delegates Miley, Skinner, Poore, Sponaugle,
                   Manchin, Hunt and Barill)
          [Introduced March 1, 2013; referred to the
Committee on Health and Human Resources then the Judiciary.]


A Bill to amend and reenact §62-15-7 of the Code of West Virginia, 1931, as amended, relating generally to requiring the Department of Health and Human Resources to pay for properly licensed, certified, or court approved programs for adult drug offenders participating in drug courts.
Be it enacted by the Legislature of West Virginia:
     That §62-15-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-7. Treatment and support services.
     (a) As part of any diagnostic assessments, the individual assessment should make specific recommendations to the drug court team regarding the type of treatment program and duration necessary so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court, pursuant to the provisions of this article, shall be deemed to be reasonable and necessary.
     (b) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.
     (c) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court should be governed by a Memorandum of Understanding, which should include the timely reporting of the drug offender's progress or lack thereof to the drug court.
     (d)It is essential to provide offenders with adequate support services and aftercare.
     (e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where practicable.
     (f) Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment should be determined by the drug court team based on individual needs and accepted practices: Provided, That drug court participation shall not be less than one year duration.
_____(g) When a court has referred or ordered a drug offender to a program, the court may, upon its own motion, or upon a motion of any party, order the West Virginia Department of Health and Human Resources to pay for professional services rendered by the program. Provided, That the program is properly licensed, certified or has been approved by the court. Professional services include, but are not limited to, treatment, therapy, counseling, evaluation, report preparation, consultation and preparation of expert testimony. The West Virginia Department of Health and Human Resources shall set the fee schedule for the services in accordance with the Medicaid rate, if any, or the customary rate and adjust the schedule as appropriate. Every program that is properly licensed, certified or has been approved by the court shall be paid by the West Virginia Department of Health and Human Resources upon completion of services and submission of a final report or other information and documentation as required by the policies and procedures implemented by the West Virginia Department of Health and Human Resources.


     NOTE: The purpose of this bill is to require the Department of Health and Human Resources to pay for properly licensed, certified, or court approved programs for adult drug offenders participating in drug courts. The new language proposed in this bill is similar to the language provided in §49-7-33 which requires the department to pay for such services for juveniles.
     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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