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Introduced Version House Concurrent Resolution 12 History

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HOUSE CONCURRENT RESOLUTION NO. 123

(By Delegates Perdue, Hatfield, Eldridge, Lawrence, Marshall, Perry, Phillips, Poling, Rodigherio, Spencer, Staggers, Susman, Border C.Miller, J. Miller and Rowan )

[Originating in the Committee on Health and Human Resources; Reported March 10, 2010.]




Requesting the Committee on Government and Finance to conduct a study on the feasibility of requiring all future methadone treatment centers be operated only by and for Comprehensive Behavioral Health Centers.

WHEREAS , There are eight for profit Methadone treatment centers for those addicted to opioids in West Virginia; and
WHEREAS, After much concern, the state issued a moratorium on opioid treatment programs in 2007;
W
HEREAS , In 2008, West Virginia established rules clarifying opioid treatment services and set forth minimal standards for State approval of opioid treatment providers; and
WHEREAS, Even with these rules, there is still difficulty in oversight and monitoring of these clinics; and
WHEREAS, At the end of Fiscal year 2008, the latest data available, there were 8 centers with total revenue in that 12 month period of $20,300,000; and
Whereas,
The aggregate profit margin of those 8 centers was $6,600,000 or 32.8% of total revenue; and


Whereas, In West Virginia, there were approximately 120 deaths related to methadone prescriptions in 2005, compared to just seven such deaths in 1999; and
W
HEREAS , Little research has been conducted on both the long- term effects of methadone use and the recidivism rate of those who relapse back into treatment, causing a "revolving door" effect; and
Whereas,
West Virginia led the nation in 2004 in the rate of deaths attributed to methadone; and
Whereas, Four of the eight centers had profit margins over 30%; and
Whereas,
Three of the eight centers made more than one million dollars and one of those had a profit margin over 40% of revenues; and
Whereas,
Expenses for those eight centers in Fiscal year 2008 declined by $812,000 over Fiscal year 2007 and most of that reduction in cost was due to a reduction in support services; and
Whereas,
West Virginia's thirteen Comprehensive Community Behavioral Health Centers have the expertise to offer opioid addiction treatment but are handicapped by financial problems as indicated by the fact that their aggregate margin for fiscal year 2008 was only 1.5% and four of them had losses; and
Whereas,
West Virginians suffering from addiction to opioids may be being charged excessive fees which may be going toward providing excessive profits to private entities which are reducing support services which may help them overcome their addictions, not continue them; and
Whereas,
West Virginia's network of non-profit Comprehensive Behavioral Health Centers have financial needs which could be eased by revenues from methadone treatment programs now going to private entities; and
WHEREAS,
West Virginia's network of non-profit Comprehensive Behavioral Health Centers could provide the support services which may be withheld from opioid addicts by for-profit entities now providing methadone treatment to them; and
WHEREAS, The Legislature shall work with representatives of: behavioral health providers, the Department of Health and Human Resources, law-enforcement agencies, the Partnership to Promote Community Well-Being and other pertinent entities in the development of the aforementioned study
; therefore be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study opioid treatment programs in West Virginia along with the feasibility of requiring that any methadone treatment be done by Comprehensive Behavioral Health Centers only or only by entities which are not-for-profit organizations licensed to do business in West Virginia and which are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as amended, codified in 26 U.S.C. §501 (c)(3), and are organized and operated exclusively for charitable purposes within the meaning of that section; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.


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