H. B. 2747
(By Delegates Givens, Flanigan, Coleman,
Manchin, Stemple, Yeager and Azinger)
[Introduced March 5, 2001; referred to the
Committee on Veterans' Affairs then Finance.]
A BILL to amend chapter nine-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-a, relating to
the construction and maintenance of a skilled nursing care
facility for aging and disabled veterans to be located on the
grounds of the veterans administration medical center in
Clarksburg; defining terms; making the project contingent upon
receipt of sufficient appropriations or funds; authorizing the
collection and administration of funds and the promulgation of
rules.
Be it enacted by the Legislature of West Virginia:
That chapter nine-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article two-a, to read as follows:
ARTICLE 2A. STATE NURSING FACILITY FOR VETERANS.
§9A-2A-1. Legislative findings.
The Legislature finds that nearly two hundred thousand
veterans in this state have distinguished themselves with the
highest level of participation per capita in the great wars fought
by this nation. Further, an aging veterans' population with
veterans ranging in age from sixty-eight years for Korean War
participation to seventy-eight years for World War II participation
as well as other veterans of different eras who suffer from wartime
disabilities and illnesses, are, or will be, in need of skilled
nursing care.
§9A-2A-2. Definitions.
For purposes of this article:
(a)"Department" means the department of military affairs and
public safety.
(b) "Secretary" means the secretary of the department of
military affairs and public safety.
§9A-2A-3. Contingency on availability of funds.
The authority of the secretary to act pursuant to the
provisions of this article is contingent upon the availability of
funds appropriated by the Legislature or the receipt of sufficient
funds from the federal government, resident contributions or other
sources. The Legislature may make appropriations from the special
revenue fund known as the veterans lottery fund established
pursuant to section nine-a, article twenty-two, chapter twenty-nine
of this code, or any other account as may be authorized. Nothing in this article authorizes any design, construction, operation or
maintenance of the skilled nursing care facility without the
receipt or appropriation of sufficient funds.
§9A-2A-4. Collection of funds; location, construction and
operation; special account.
(a) The secretary of the department of military affairs and
public safety is hereby authorized and directed to receive moneys
from the federal government and any agency thereof, from state
appropriations, resident contributions or any other appropriate
source for the purpose of constructing a physical facility designed
as a skilled nursing care facility for elderly and disabled
veterans with a minimum capacity of one hundred twenty beds.
(b) The skilled nursing care facility shall be located on or
about the grounds of the veterans' administration medical center
located in Clarksburg, Harrison County, West Virginia. The
secretary, with the agreement and consent of the veterans
administration, shall determine an appropriate location on the
grounds no later than the first day of September, two thousand
two.
(c) The secretary is hereby authorized to acquire architects,
engineers, nursing care facility specialists and other
professionals considered necessary to develop blueprints for the
skilled nursing care facility. The blueprints shall be made
available to qualified contractors desiring to bid the project. The secretary shall oversee the completion of construction of the
facility after a successful bid is received:
Provided, That the
authority of the secretary to act in accordance with the provisions
of this section is contingent upon the availability of sufficient
funds as required by section three of this article.
(d) Upon completion of construction of the facility and
contingent upon sufficient appropriations, the secretary shall
ensure proper staffing of the facility. The secretary shall take
necessary steps to obtain sufficient funding each fiscal year to
maintain the skilled nursing care facility. Authorized
expenditures in future fiscal years include, but are not limited
to, expenditures for improvement and renovation of physical
facilities, personal care costs and medical, nursing and dental
services.
(e) The secretary shall deposit all moneys collected in the
state treasury and administer the funds in accordance with the
provisions of this article. Funds may be placed in special
accounts if required by the source of funds or any limitations on
the use of the funds. Payment from any account shall be made only
on vouchers authorized and approved by the secretary in the same
manner and under the same restrictions as are now provided by law
for the disbursement of funds by that department.
§9A-2A-5. Promulgation of rules concerning eligibility.
The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter
twenty-nine-a of this code providing for the tenure, treatment and
eligibility of eligible veterans at the veterans' nursing facility.
The rules shall ensure that the department, in carrying out its
duties, complies with all federal requirements imposed on the
facility.
NOTE: The purpose of this bill is to provide for the
construction and maintenance of a one hundred twenty bed skilled
nursing care facility for aging and disabled veterans to be located
on the grounds of the Veterans' Administration Medical Center in
Clarksburg.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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