H. B. 4658
(By Delegates Moore, Fleischauer, Perry, Shaver,
Perdue, Guthrie, Hatfield and Campbell)
[Introduced February 22, 2010
; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §9-4A-2a of the Code of West Virginia,
1931, as amended, relating to capping the Medical Services
Trust Fund and redirecting excess funding to critical health
care programs.
Be it enacted by the Legislature of West Virginia:
That §9-4A-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4A. MEDICAID UNCOMPENSATED CARE FUND.
§9-4A-2a. Medical Services Trust Fund.
(a) The Legislature finds and declares that certain dedicated
revenues should be preserved in trust for the purpose of stabilizing
the state's Medicaid program and providing services for future
federally mandated population groups in conjunction with federal
reform
: Provided, That there may be no more than $300 million
carried forward in any calendar year, with any excess moneys
directed towards health related services determined critical to the health of the citizens of this state through appropriation by the
Legislature.
(b) There is
hereby created a special account within the
Department of Health and Human Resources, which
shall be is an
interest-bearing account and may be invested in the manner permitted
by section nine, article six, chapter twelve of this code,
designated the Medical Services Trust Fund. Funds paid into the
account shall be derived from the following sources:
(1) Transfers, by intergovernmental transfer, from the Hospital
Services Revenue Account provided
for in section fifteen-a, article
one, chapter sixteen of this code;
(2) All interest or return on investment accruing to the fund;
(3) Any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit or any person,
firm, foundation or corporation; and
(4) Any appropriations by the Legislature which may be made for
this purpose.
(c) Expenditures from the fund are limited to the following:
(1) Payment of backlogged billings from providers of Medicaid
services when cash-flow problems within the Medical Services Fund
do not permit payment of providers within federally required time
limits; and
(2) Funding for services to future federally mandated
population groups in conjunction with federal health care reform:
Provided, That other Medicaid funds have been exhausted for the federally mandated expansion:
Provided, however, That new optional
services for which a state Medicaid plan amendment is submitted
after May 1, 1993, which are not cost effective for the state, are
eliminated prior to expenditure of any moneys from this fund for
Medicaid expansion.
(3) Payment of the required state match for Medicaid
disproportionate share payments in order to receive federal
financial participation in the disproportionate share hospital
program.
(d) Expenditures from the fund solely for the purposes set
forth in subsection (c) of this section shall be authorized in
writing by the Governor, who shall determine in his or her
discretion whether any expenditure shall be made, based on the best
interests of the state as a whole and its citizens, and shall
designate the purpose of the expenditure. Upon authorization signed
by the Governor, funds may be transferred to the medical services
fund:
Provided, That all expenditures from the Medical Services
Trust fund shall be reported forthwith to the Joint Committee on
Government and Finance.
(e) Notwithstanding the provision of section two, article two,
chapter twelve of this code, moneys within the Medical Services
Trust Fund may not be redesignated for any purpose other than those
set forth in subsection (c) of this section, except that, upon
elimination of the Medicaid program in conjunction with federal
health care reform, moneys within the fund may be redesignated for the purpose of providing health care coverage or services in
coordination with federal reform.
NOTE: The purpose of this bill is to limit the amount of money
that can be carried forward in the Medical Services Trust Fund in
a calendar year to $300 million and to direct excess dollars to
critical health care needs in the state through appropriation by the
Legislature.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.