SB791 H HHR AM #1
CR 3338
The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:
(a) The advisory council, created by chapter one hundred forty-three, Acts of the Legislature, regular session, 1953, as an advisory body to the state Medicaid Agency with respect to the medical services fund and disbursements therefrom and to advise about health and medical services, is continued so long as the medical services fund remains in existence, and thereafter so long as the state Medicaid Agency considers the advisory council to be necessary or desirable, and it is organized as provided by this section and applicable federal law and has those advisory powers and duties as are granted and imposed by this section and elsewhere by law.
(b) The advisory council shall consist of not less than nine members, nor more than 15 members, all but four of whom shall be appointed by the state Medicaid Agency and serve until replaced or reappointed on a rotating basis.
(c)(1) The heads of the Bureau of Public Health and Bureau for Medical Services are members ex officio.
(2) The cochairs of the Legislative Oversight Commission on Health and Human Resources Accountability, or their designees, are nonvoting ex officio members.
(3) The remaining members comprising the council consist of:
(A) One member of recognized ability in the field of medicine and surgery with respect to whose appointment the state Medical Association shall be afforded the opportunity of making nomination of three qualified persons;
(B) One member of recognized ability in the field of dentistry with respect to whose appointment the state Dental Association shall be afforded the opportunity of nominating three qualified persons;
(C) One member chosen from a list of three persons nominated by the West Virginia Primary Care Association;
(D) One member chosen from a list of three persons nominated by the Behavioral Health Providers Association of West Virginia; and
(E) The remaining members chosen from persons of recognized ability in the fields of hospital administration, nursing and allied professions and from consumers groups, including Medicaid recipients, members of the West Virginia Directors of Senior and Community Services, labor unions, cooperatives and consumer- sponsored prepaid group practices plans.
(d) The council shall meet on call of the state Medicaid Agency.
(e) Each member of the advisory council shall receive reimbursement for reasonable and necessary travel expenses for each day actually served in attendance at meetings of the council in accordance with the state's travel regulations. Requisitions for the expenses shall be accompanied by an itemized statement, which shall be filed with the Auditor and preserved as a public record.
(f) The advisory council shall assist the state Medicaid Agency in the establishment of rules, standards and bylaws necessary to carry out the provisions of this section and shall serve as consultants to the state Medicaid Agency in carrying out the provisions of this section.
(a) The advisory committee created as an advisory body to the state Medicaid Agency with respect to the medical services fund and disbursements therefrom and to advise about health and medical services, and to bring fiscal stability to the Medicaid program through development of annual financial plans and long-range plans designed to meet the agency's estimated total financial requirements is continued.
(b) The advisory committee shall consist of not less than nine members, nor more than 15 members, and all members shall be appointed by the state Medicaid Agency, and shall serve until replaced or reappointed on a rotating basis. These members shall include:
(1) The Secretary for the Department of Human Services, who shall serve as Chair of the Committee;
(2) The Chairs of the House of Delegates and Senate Finance Committees, or their designees, are nonvoting, ex officio members;
(3) The co-chairs and a minority committee member from each the House of Delegates and Senate of the Legislative Oversight Commission on Health and Human Resources Accountability, or their designees, are nonvoting, ex officio members;
(4) The Commissioner of the Bureau of Medical Services as a nonvoting ex officio member;
(5) The state health officer as a nonvoting ex officio member;
(6) Three members of the Beneficiary Advisory Group Subcommittee;
(7) A member of the public with at least three years of experience with employee benefit programs;
(8) A member representing a Medicaid managed care organization;
(9) Two members of the public from beneficiary advocacy organizations or associations; and
(10) One member of the public who is a health care actuary or certified public accountant with at least three years of experience with health care budgeting
(c) A committee member shall be a resident of West Virginia. A committee member shall have a fiduciary responsibility to protect the interests of Medicaid beneficiaries and the taxpayers of West Virginia. Beginning July 1, 2025, and every year thereafter, a committee member shall complete fiduciary training and timely complete any conflict-of-interest forms required to serve as a fiduciary.
(d) A member of the committee or any subcommittee may not be a registered lobbyist.
(e) The Secretary of the Department of Human Services shall establish and chair a Beneficiary Advisory Group Subcommittee comprised of six public members who are past or present Medicaid enrollees, or the family or caregivers of a Medicaid enrollee.
(f) The advisory committee shall develop and publish a process to recruit and appoint committee and subcommittee members.
(g) The advisory committee shall assist the state Medicaid Agency in the establishment of rules, standards, and by-laws necessary to carry out the provisions of this section and shall serve as consultants to the state Medicaid Agency in carrying out the provisions of this section.
(h) The committee shall meet at least quarterly on the call of the state Medicaid Agency.
(i) At least two of the four quarterly meetings per year must be open to the public and offer a chance for the public to speak.
(j) Each member of the advisory committee shall receive reimbursement for reasonable and necessary travel expenses for each day served in attendance at meetings of the committee in accordance with the state's travel regulations. Requisitions for the expenses shall be accompanied by an itemized statement, which shall be filed with the Auditor and preserved as a public record.
(l) The advisory committee shall analyze the Medicaid Six-Year Plan concerning assumptions that formulate expenditure projections with the purpose of crafting strategies to mitigate long term financial liabilities in the program.
(m) The advisory committee shall publish on the Medicaid agency’s website:
(1) The list of members;
(2) The meeting schedule; and
(3) Past meeting minutes and attendance.
(n) The advisory committee shall make recommendations on all elements of the Medicaid program and submit an annual report to the Legislative Oversight Commission on Health and Human Resources Accountability annually by September 1.
Adopted
Rejected