COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 19
(By Senator Kessler)
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[Originating in the Committee on Health and Human Resources;
reported March 2, 2005.]
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A BILL to repeal §9-4-1 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §9-2-6 of said code,
relating to elimination of the dormant Advisory Board for the
Secretary of the Department of Health and Human Resources; and
adding within the Department of Health and Human Resources the
Office of Inspector General.
Be it enacted by the Legislature of West Virginia:
That §9-4-1 of the Code of West Virginia, 1931, as amended, be
repealed; and that §9-2-6 of said code be amended and reenacted to
read as follows:
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of Secretary.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws and regulations,
the commissioner Secretary, in addition to all other powers, duties
and responsibilities granted and assigned to that office in this
chapter and elsewhere by law, is authorized and empowered to:
(1) Promulgate, amend, revise and rescind Department rules and
regulations respecting the organization and government of the
Department and the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter
and elsewhere by law to the Department and the commissioner
Secretary.
(2) Promulgate, amend, revise and rescind Department rules and
regulations respecting qualifications for receiving the different
classes of welfare assistance consistent with or permitted by
federal laws, rules and regulations policies, but not inconsistent
with state law: Provided, That such rules and regulations policies
respecting qualifications shall permit the expenditure of state
funds to pay for care rendered in any birthing center licensed
under the provisions of article two-e, chapter sixteen of this code
by a licensed nurse midwife or midwife as this occupation is
defined in section one, article fifteen, chapter thirty of this
code and which care is within the scope of duties for such licensed
nurse midwife or midwife as permitted by the provisions of section
seven of said article.
(3) Obtain by purchase or lease such grounds, buildings,
office or other space, equipment, facilities and services as may be
necessary for the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter
and elsewhere by law to the Department and the commissioner
Secretary.
(4) Sign and execute in the name of the state by the state
Department of Health and Human services Resources any contract or
agreement with the federal government or its agencies, other states, political subdivisions of this state, corporations,
associations, partnerships or individuals.
(5) Establish such special funds as may be required by the
federal Social Security Act, as amended, or by any other Act or
Acts of Congress, in order for this state to take full advantage of
the benefits and provisions thereof relating to the federal-state
assistance and federal assistance programs administered by the
Department and to make payments into and disbursements out of any
such special fund or funds in accordance with the requirements of
the federal Social Security Act, as amended, or any other Act or
Acts of Congress, and in accordance with applicable state law and
the objects and purposes of this chapter. In addition, the state
Department of Health and Human services Resources, through the
commissioner Secretary, is hereby authorized to accept any and all
gifts or grants, whether in money, land, services or materials,
which gift or gifts, if in the form of moneys, shall be placed in
a separate fund and expended solely for the purpose of welfare
public assistance programs. No part of this special fund shall
revert to the general revenue funds of this state. No expenses
incurred pursuant to this special fund shall be a charge against
the general funds of this state.
(6) Establish, in addition to the state advisory board and
advisory council provided for in this chapter, such county advisory
boards as may in his judgment be necessary or desirable to advise
the department and the commissioner with respect to the total
welfare assistance program administered by the department or any
phase thereof, such additional board or boards to consist of such
number of persons, professional, lay, or both, and to have such responsibilities of an advisory nature, as the commissioner may
determine. However, (1) the members of any such additional board
or boards shall not be compensated for their services but shall be
entitled to reimbursement for actual expenses incurred in the
performance of their duties as a member of any such board; and (2)
the members of any such additional board or boards shall serve at
the will and pleasure of the commissioner Establish within the
Department an Office of Inspector General for the purpose of
conducting and supervising investigations and for the purpose of
providing quality control for the programs of the Department. The
Office of Inspector General shall be headed by the Inspector
General who shall report directly to the Secretary. Neither the
Secretary nor any employee of the Department may prevent, inhibit
or prohibit the Inspector General or his or her employees from
initiating, carrying out or completing any investigation, quality
control review or other activity oversight of public integrity by
the Office of the Inspector General. The Secretary shall place
within the Office of Inspector General any function he or she deems
necessary. Qualification, compensation and personnel practice
relating to the employees of the Office of the Inspector General,
including that of the position of Inspector General, shall be
governed by the classified service provisions of article six,
chapter twenty-nine of this code and rules promulgated thereunder.
The Inspector General shall supervise all personnel of the Office
of Inspector General.
(7) Provide at Department expense a program of continuing
professional, technical and specialized instruction for the
personnel of the Department.
(8) Pay from available funds all or part of the reasonable
expenses incurred by a person newly employed by the Department in
moving his household furniture, effects and immediate family from
his or her place of residence in this state to his or her place of
employment in this state; and to pay from available funds all or
part of the reasonable expenses incurred by a Department employee
in moving his or her household furniture, effects and immediate
family as a result of a reassignment of the employee which is
considered desirable, advantageous to and in the best interests of
the state, but no part of the moving expenses of any one such
employee shall be paid more frequently than once in twelve months
or for any movement other than from one place of employment in this
state to another place of employment in this state.
(9) Establish and maintain such institutions as are necessary
for the temporary care, maintenance and training of children and
other persons.
(10) Prepare and submit state plans which will meet the
requirements of federal laws, rules and regulations governing
federal-state assistance and federal assistance and which are not
inconsistent with state law.
(11) Organize within the Department a Board of Review,
consisting of a Chairman appointed by the commissioner Secretary
and as many assistants or employees of the Department as may be
determined by the commissioner Secretary and as may be required by
federal laws and rules and regulations respecting state assistance,
federal-state assistance and federal assistance, such Board of
Review to have such powers of a review nature and such additional
powers as may be granted to it by the commissioner Secretary and as may be required by federal laws and rules and regulations
respecting federal-state assistance and federal assistance.
(12) Provide by rules and regulations such review and appeal
procedures within the department of human services Department of
Health and Human Resources as may be required by applicable federal
laws and rules and regulations respecting state assistance,
federal-state assistance and federal assistance and as will provide
applicants for, and recipients of all, classes of welfare
assistance an opportunity to be heard by the Board of Review, a
member thereof, or individuals designated by said the Board, upon
claims involving denial, reduction, closure, delay or other action
or inaction pertaining to welfare public assistance.
(13) Provide by rules and regulations, consistent with
requirements of applicable federal laws and rules and regulations,
application forms and application procedures for the various
classes of welfare public assistance.
(14) Provide locations for making applications for the various
classes of welfare public assistance.
(15) Provide a citizen or group of citizens an opportunity to
file objections and to be heard upon objections to the grant of any
class of welfare public assistance.
(16) Delegate to the personnel of the Department all powers
and duties vested in the commissioner Secretary, except the power
and authority to sign contracts and agreements, but the
commissioner shall remain responsible therefor.
(17) Make such reports in such form and containing such
information as may be required by applicable federal laws and rules
and regulations respecting federal-state assistance and federal assistance.
(18) Invoke any legal, equitable or special remedies for the
enforcement of the provisions of this chapter.
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(NOTE: The purpose of this bill is to eliminate a now dormant
advisory board to the Secretary of the Department of Health and
Human Resources and to codify the existing practice within the
Department of Health and Human Resources to operate an Office of
Inspector General.
Strike throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)