H. B. 3021

         (By Delegates Hatfield, Fleischauer, Perdue,

         Brown, C. Miller, Hall, Marshall, D. Campbell,

              Butcher, Morgan and Border)

         [Introduced February 7, 2011; referred to the

Committee on Health and Human Resources then Government Organization.]

A BILL to amend and reenact §16-42-3, §16-42-5 and §16-42-7 of the Code of West Virginia, 1931, as amended, all relating to adding two new members to the Comprehensive Behavioral Health Commission; providing that if two specific members designate another person to serve in his or her place, those designees are non-voting members; requiring a chairperson be selected by the commission members; permitting a chairperson to serve no more than two consecutive years; adding another member to the advisory board to the commission; permitting members who are on the board on July 1, 2011 to continue to serve; requiring yearly reports to the Governor and Legislature; and extending the life of the commission by another four years to 2015.

Be it enacted by the Legislature of West Virginia:

    That §16-42-3, §16-42-5 and §16-42-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.

§16-42-3. Comprehensive Behavioral Health Commission.

    (a) Effective May 1, 2009 July 1, 2011, the Comprehensive Behavioral Health Commission is reestablished within the Department of Health and Human Resources to continue the study of the current behavioral health system of care, including services to adults and children, substance abuse and domestic violence when those conditions have an effect upon or are impacted by the system.

    (b) The commission consists of:

    (1) A representative of the circuit and family court system, appointed by the Chief Justice of the West Virginia Supreme Court of Appeals;

    (2) A representative of the Commissioner of the Division of Corrections;

    (3) The Commissioner of the Bureau of Senior Services or a designee;

    (4) The Secretary of the Department of Health and Human Resources, or a designee who is a nonvoting member;

    (5) The Commissioner of the Bureau for Behavioral Health and Health Facilities, or a designee who is a nonvoting member;

    (6) The Commissioner of the Bureau for Children and Families or a designee;

    (7) The Executive Director of the West Virginia Chapter of the National Alliance on Mental Illness or a designee;

    (8) The Chancellor for Higher Education or a designee;

    (9) One physician with a speciality specialty in psychiatry appointed by the Governor from a list provided by the West Virginia Medical Association;

    (10) One physician with a specialty in child psychiatry appointed by the Governor from a list of names provided by the West Virginia Medical Association;

    (11) The Chairperson of the Behavioral Health Systems Board shall, by virtue of that role, become the vice chairperson of the commission.

    (10) (12) One member of the House of Delegates, who is a nonvoting member, appointed by the Speaker; and

    (11) (13) One member of the Senate, who is a nonvoting member, appointed by the President.

    (c) The commission shall meet at times and places as it finds necessary and shall be staffed by the Bureau for Behavioral Health and Health Facilities. and the Health Care Authority

    (d) The commission shall elect a chairperson from those who are appointed. The chairperson’s term shall be no longer than two consecutive years whereupon the chairperson is to be replaced by a vote of the membership.

    (d) (e) Effective May 1, 2009 July 1, 2011, the advisory board is reestablished to serve in a consulting role to the commission with the following members appointed by the Governor:

    (1) One member from a list provided by the West Virginia Chapter of the National Association of Social Workers;

    (2) One member from a list provided by the West Virginia Hospital Association;

    (3) One member who is a psychologist from a list provided by the West Virginia Psychological Association;

    (4) One citizen member from a list of two nominees from each medical school;

    (5) One member from a list of five nominees provided by the Primary Care Association;

    (6) One member from a list provided by the West Virginia Behavioral Healthcare Providers Association;

    (7) One member from a list provided by the West Virginia Child Care Association; and

    (8) One member from a list provided by the Council of Churches; and

    (9) One member from a list of names provided by the Children’s Alliance.

    (e) (f) Those persons serving on the commission and the advisory board on January 1, 2009 July 1, 2011, may continue serving on the reestablished commission and advisory board and the person so designated as chairperson of the commission shall remain as chairperson.

    (f) (g) Each member of the commission and advisory board is entitled to receive compensation and expense reimbursement for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law. A commission member may not receive compensation for travel days that are not on the same day as the official meeting or official duties.

§16-42-5. Report.

    The commission shall submit a report on its study, including recommendations, to the Governor and the Legislature by January 1, 2011 2012 and each January 1 thereafter.

§16-42-7. Termination of commission.

    The commission and advisory board terminate on June 30, 2011 2015.

    NOTE: The purpose of this bill is to add two new members to the Comprehensive Behavioral Health Commission. The bill provides that if two specific members designate another person to serve in his or her place, those designees are nonvoting members. The bill requires a chairperson be selected by the commission members and that person may serve no more than two consecutive years. The bill also adds another member to the advisory board to the commission. The bill permits members who are on the board on July 1, 2011 to continue to serve. Further, the bill requires yearly reports to the Governor and Legislature and extends the life of the commission by another four years to 2015.

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