WVC 5 - 16 B- 4
§5-16B-4. Children's health policy board created; qualifications
and removal of members; powers; duties; meetings; and
(a) There is hereby created the West Virginia children's
health insurance board, which shall consist of the director of the
public employees insurance agency, the secretary of the department
of health and human resources, or his or her designee, and six
citizen members appointed by the governor, one of whom shall
represent children's interests and one of whom shall be a certified
public accountant, to assume the duties of the office immediately
upon appointment, pending the advice and consent of the Senate. A
member of the Senate, as appointed by the Senate president and a
member of the House of Delegates, as appointed by the speaker of
the House of Delegates, shall serve as nonvoting members. Of the
five citizen members first appointed, one shall serve one year, two
shall serve two years and two shall serve three years. All
subsequent appointments shall be for terms of three years, except
that an appointment to fill a vacancy shall be for the unexpired
term only: Provided,
That the citizen member to be appointed upon
the reenactment of this section during the regular session of the
Legislature, two thousand, shall serve a term which corresponds to
the term of the member initially appointed to serve one year.
Three of the citizen members shall have at least a bachelor's
degree and experience in the administration or design of public or
private employee or group benefit programs and the children's representative shall have experience that demonstrates knowledge in
the health, educational and social needs of children. No more than
three citizen members may be members of the same political party
and no board member shall represent or have a pecuniary interest in
an entity reasonably expected to compete for contracts under this
article. Members of the board shall assume the duties of the
office immediately upon appointment. The director of the agency
shall serve as the chairperson of the board. No member may be
removed from office by the governor except for official misconduct,
incompetence, neglect of duty, neglect of fiduciary duty or other
specific responsibility imposed by this article or gross
immorality. Vacancies in the board shall be filled in the same
manner as the original appointment.
(b) The purpose of the board is to develop plans for health
services or health insurance that are specific to the needs of
children and to bring fiscal stability to this program through
development of an annual financial plan designed in accordance with
the provisions of this article.
(c) Notwithstanding any other provisions of this code to the
contrary, any insurance benefits offered as a part of the programs
designed by the board are exempt from the minimum benefits and
coverage requirements of articles fifteen and sixteen, chapter
thirty-three of this code.
(d) The board may consider adopting the maximum period of
continuous eligibility permitted by applicable federal law, regardless of changes in a family's economic status, so long as
other group insurance does not become available to a covered child.
(e) The board shall meet at the time and place as specified by
the call of the chairperson or upon the written request to the
chairperson by at least two members. Notice of each meeting shall
be given in writing to each member by the chairperson at least
three days in advance of the meeting. Four voting members shall
constitute a quorum.
(f) For each day or portion of a day spent in the discharge of
duties pursuant to this article, the board shall pay each of its
citizen members the same compensation and expense reimbursement as
is paid to members of the Legislature for their interim duties.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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