WEST virginia legislature
2017 regular session
House Bill 3102
By Delegates Ellington, Summers and Householder
[Originating in the Committee on Finance;
March 23, 2017]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-26, relating to the selling of a certain state owned health care facility and appurtenances by the Secretary of the Department of Health and Human Resources; ensuring the transfer of existing patients and the construction of a replacement facility; exempting certain laws; creating a fund; implementing a benefits package for employees; and providing statutory construction.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-5-26, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-26. Selling of Hopemont Hospital.
(a) The Secretary of the Department of Health and Human Resources shall divest of the facilities; land; buildings and improvements; contents; employment, patient and contractual interests; licenses; and all other assets excluding any cash, cash equivalents and marketable securities of the long-term care facility known as the Hopemont Hospital.
(b) The secretary shall ensure that the patients are transferred to an area facility and shall minimize effects on long-term care facility residents, including any potential risk that could arise from relocating current residents, and shall provide updates to the Joint Committee on Government and Finance and LOCHRA, pursuant to state law.
(c) The secretary shall assure that a replacement facility of at least 60 beds be constructed to accommodate the needs of the patient population at Hopemont and be operated as a geriatric psychiatric nursing home accepting only individuals with high acuity needs such as geri-psych, behavioral symptoms, Alzheimer's, Intellectual and Developmental Disabilities, and patients with criminal histories who do not present a danger to staff or other residents.
(d) This section is not subject to the purchasing requirements of article three, chapter five-a of this code.
(e) Sales and transfers under this section are exempt from certificate of need requirements provided in article two-d, chapter sixteen of this code.
(f) Sales and transfers under this section are exempt from Medicaid rules and policies.
(g) The secretary, in consultation with the Director of the Division of Personnel, shall create a plan and coordinate with the secretary to create a strategy to minimize the effects on employees.
(h) The Department, in consultation with the Division of Personnel, the Consolidated Public Retirement Board, and any other state agency as applicable, shall prepare a benefit package for employees of Hopemont Hospital who are laid off, employed by a successor company or retire as a result of the divestment. Such benefits may include, but are not limited to, investment in retraining, placement on the Division of Personnel’s reemployment list with preference, the purchase of actuarially sound years of service based on prior years of service with Hopemont Hospital or its predecessors, or any other benefits otherwise permitted under state law. The Division of Personnel, the Consolidated Public Retirement Board and any other necessary state agency shall cooperate and take any such action as necessary to implement such benefit package. Benefits packages as described in this subsection may be funded by the Hopemont Long Term Care Facility Development Fund. As used in this subsection “successor company” means any company who purchases any of the assets as described in subsection (a) of this section: Provided, That no provision of this subsection may be construed to require any further appropriation by the Legislature: Provided, however, that the Department of Health and Human Services shall enter into memoranda of understanding with the Division of Personnel, the Consolidated Public Retirement Board, and the Public Employees Insurance Agency prior to implementation of any benefit package with any employee which must state any cost to any affected retirement system and that this cost is to be paid by the Department of Health and Human Resources. No benefit package may be granted unless memoranda of understanding are filed with the Division of Personnel, the Consolidated Public Retirement Board, and the Public Employees Insurance Agency, and the agreement of the Department of Health and Human Resources to pay the same by a date certain, or if there is not cost, the agreement of the parties to the same. Any benefit package granted without such memoranda of understanding is unlawful.
(i) The secretary shall prepare a complete accounting of all assets to the Joint Committee on Government and Finance.
(j) There is created in the State Treasury a special revenue account to be known as the “Hopemont Long Term Care Facility Development Fund” The fund shall consist of appropriations to effectuate the purposes of this section and any revenue or sales proceeds derived from activities provided for in accordance with this section. Expenditures from the fund are for the purposes set forth in this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code.
(k) This section shall be construed broadly as to provide the secretary with the latitude to accomplish the goals of this section.