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Committee Substitute House Bill 4605 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2020 regular session

Committee Substitute

for

House Bill 4605

By Delegates Howell, C. Martin and Hamrick

[Originating in the Committee on Health and Human Resources; February 13, 2020]

A BILL to amend and reenact §27-2A-1 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto a new section, designated §27-2A-2, all relating to authorizing the Department of Health and Human Resources to transfer certain properties; permitting the department to transfer property to a to regional mental health center; permitting the department to transfer property to a regional intellectual disability facility; setting forth conditions which shall be satisfied before a transfer occurs; permitting the property to be used as collateral for a loan; permitting renovations of the property; and exempting the transfer from certain statutory requirements.

Be it enacted by the Legislature of West Virginia:

Article 2A. Mental health – intellectual disability centers.


§27-2A-1. Comprehensive community mental health-intellectual disability centers; establishment.

(a) The Department of Health and Human Resources is authorized and directed to may establish, maintain and operate comprehensive community mental health centers and comprehensive intellectual disability facilities, at locations within the state that are determined by the secretary in accordance with the state's comprehensive mental health plan and the state's comprehensive intellectual disability plan. Such The facilities may be integrated with a general health care or other another health care facility or remain separate as the Secretary of the Department of Health and Human Resources may by rules prescribe: propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code.

(b) Provided, That nothing contained herein may be construed to allow The department of Health and Human Resources may not to assume the operation of a comprehensive regional mental health centers center or a comprehensive intellectual disability facilities facility which have been heretofore established according to law and which, as of the effective date of this article, are is being operated by a local nonprofit organizations. organization.

(c) (b) Any A new mental health centers a comprehensive regional mental health and comprehensive mental retardation facilities herein provided may be operated and controlled by the Department of Health and Human Resources or operated, maintained and controlled by local nonprofit organizations and licensed according to rules promulgated by the Secretary of the Department of Health and Human Resources. All A comprehensive regional mental health center and intellectual disability facilities licensed in the state shall:

(1) Have a written plan for the provision of diagnostic, treatment, supportive and aftercare services, and written policies and procedures for implementing these services;

(2) Have sufficient employees appropriately qualified to provide these services;

(3) Maintain accurate medical and other records for all patients receiving services;

(4) Render outpatient services in the aftercare of any patient discharged from an inpatient hospital, consistent with the needs of the individual. No person who can be treated as an outpatient at a community mental health center may be admitted involuntarily into a state hospital.

(5) Have a chief administrative officer directly responsible to a legally constituted board of directors of a comprehensive mental health or intellectual disability facility operated by a local nonprofit organization. or to the Secretary of the Department of Health and Human Resources if the comprehensive mental health or intellectual disability center or facility is operated by the Department of Health and Human Resources; and

(6) Have a written plan for the referral of patients for evaluation and treatment for services not provided; and,

(7) Complete other requirements as the Secretary of the Department of Health and Human Resources prescribes by legislative rule.

(d) A person who can be treated as an outpatient shall be done so at an appropriate setting.

(e) The state's share of costs of operating the facilities may be provided from funds appropriated for this purpose within the budget of the Department of Health and Human Resources. The secretary of the Department of Health and Human Resources shall administer distribute these funds among all comprehensive mental health and intellectual disability facilities. that are required to best provide comprehensive community mental health care and services to the citizens of the state.

(f) After July 1, but not later than August 1 of each year, the chief administrative officer of each a comprehensive regional mental health center and intellectual disability facility shall submit a report to the secretary of the Department of Health and Human Resources and to the Legislative Auditor containing a listing of:

(1) All funds received by the center or facility;

(2) All funds expended by the center or facility;

(3) All funds obligated by the center or facility;

(4) All services provided by the center or facility;

(5) The number of persons served by the center or facility; and

(6) Other information as the Secretary of the Department of Health and Human Resources prescribes by regulation legislative rule.


§27-2A-2.  Transfer of state facilities to comprehensive regional mental health centers or comprehensive intellectual disability facilities authorized.

(a) The Department of Health and Human Resources is authorized to transfer ownership of any land and buildings which it has owned, constructed, maintained and leased to any comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization, if all the following conditions are satisfied:

(1) The land and buildings are leased to the local nonprofit organization on or after January 1, 2020, at a nominal rate or at a rate that is below the fair market value rental value of the land and buildings;

(2) The land and buildings are utilized and shall continue to be utilized by a local nonprofit organization in the delivery of services contemplated by §27-2A-1 of this code:  Provided, That the land and buildings may be pledged by the local nonprofit organization as collateral to secure indebtedness incurred by the local nonprofit organization;

(3) The purchase price of the land and buildings shall be a nominal value;

(4) The conveyance documents and deeds shall require the local nonprofit organization to become solely responsible for the maintenance and upkeep of the land and buildings, and to procure property and casualty insurance at its own cost covering the value of the land and buildings; and

(5) The conveyance documents and deeds shall require that if the land and buildings of a comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization are no longer used for that purpose the land and the buildings revert back to the state.

(b) A comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization that agrees to take ownership of any land and buildings pursuant to this section may perform additional renovations and improvements upon the property as it deems appropriate to the delivery of services contemplated by §27-2A-1 et seq. of this code.

(c) A comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization that agrees to take ownership of any land and buildings pursuant to this section may further transfer ownership to all or part of the property to another local nonprofit organization:  Provided, That all the requirements of this section shall continue to be satisfied.

(d) A transfer of the ownership of any land and buildings by the department pursuant to this section shall be exempt from the bidding and public sale requirements, from the approval of contractual agreements by the Department of Administration or the Attorney General, and from all other requirements of §5A-1-1 et seq. of this code.

 

NOTE: The purpose of this bill is to authorize The Department of Health and Human Resources to transfer comprehensive community mental health centers and comprehensive intellectual disability facilities to regional mental health centers or regional intellectual disability facilities.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

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