ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 672
(By Senators Kessler, Helmick, McCabe, Prezioso, Plymale,
Stollings, Jenkins, Minard, Unger and Wells)
____________
[Originating in the Committee on Finance;
reported March 26, 2009.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-9a, relating
generally to mental health; creating Mental Health
Stabilization Act of 2009; making legislative findings;
increasing reimbursement rates in mental health service codes;
requiring periodic reports to the Legislature; and providing
an implementation date and a termination date.
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 §9-2-9a, to read as
follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE
OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES
AND RESPONSIBILITIES GENERALLY.
§9-2-9a. Mental Health Stabilization Act of 2009.
(a)
Legislative findings. -- The Legislature hereby finds and
declares:
(1) The West Virginia community mental health system is in a
state of crisis. There are not sufficient community resources to
meet the needs of the state's population.
(2) It is the public policy of West Virginia that the state
should have a mental health system that provides a continuum of
care for people with mental health needs. This continuum may
include preventive and primary mental health services, peer
supports, community supports, group homes, case management, crisis
intervention services and an appropriate number of hospital beds.
There is also recognition that the state has limited financial
resources.
(3) The state has been the subject of various court orders as
result of the manner in which it dealt with people with mental
health needs and the Legislature desires to be proactive and
resolve issues surrounding mental illness without the intervention
of the courts.
(4) The current rate of involuntary mental health commitments
and the incarceration of people with mental health needs are at a
level that is utilizing significant state resources. The resources
could be used in the provision of community mental health services
in a way that improves clinical outcomes and more efficiently
utilizes the state's limited resources. The result should be a
reduction in the level of involuntary commitments and incarceration
for those people with mental health needs.
(b) To the maximum full extent of additional appropriations
by
the Legislature to increase reimbursement rates for behavioral
health clinic and rehabilitation services as provided for in this
act
in the fiscal year that begins July 1, 2009, and in any fiscal
year thereafter, and of federal participation dollars attributable
thereto and subject to provisions of state and federal laws and
regulations, the secretary, in addition to all other powers, duties
and responsibilities granted and assigned to that office in this
chapter and elsewhere by law, shall increase proportionally across
the board the reimbursement rates for behavioral health clinic and
rehabilitation services in the following service codes in order to
help stabilize the mental health system which is in crisis:
Service Description
Service Code
Mental Health Assessment by NonphysicianH0031
Mental Health Service Plan DevelopmentT1017
Mental Health Service Plan DevelopmentH0032
Mental Health Service Plan Development (Home base)H0032
Mental Health Service Plan Development by Psychologist H0032 AH
Physician Coordinated Care Oversight ServicesG9008
Behavioral Health Counseling, Professional, IndividualH0004 H0
Behavioral Health Counseling, Professional,
Individual (Home Based)H0004 H0
Behavioral Health Counseling, Professional, GroupH0004 H0HQ
Behavioral Health Counseling, Supportive, IndividualH0004
Behavioral Health Counseling, Supportive,
Individual (Home Based)H0004
Behavioral Health Counseling, Supportive, GroupH0004 HQ
Skills Training and Development 1:1 by Paraprofessional H2014 U4
Skills Training and Development 1:1 by
Paraprofessional (Home Based)H2014 U4
Skills Training and Development 1:2-4 by
Paraprofessional H2014 U1
Skills Training and Development 1:1 by
Paraprofessional H2014 HN U4
Skills Training and Development 1:1 by
Professional (Home Based) H2014 HN U4
Skills Training and Development 1:2-4 by
ProfessionalH2014 HN U1
Skills Training and Development 1:2-4 by
Professional (Home Based) H2014 HN U1
Therapeutic Behavioral Health Services -
DevelopmentH2019 HO
Therapeutic Behavioral Services - Development (Home Based)H2019 HO
Therapeutic Behavioral Services - ImplementationH2019
Therapeutic Behavioral Services -
Implementation (Home Based)H2019
Crisis InterventionH2011
Crisis Intervention (Home Based)H2011
Comprehensive Community Support
Services Tx Ratio 1:12H2015 U1
Comprehensive Community Support
Services Tx Ratio 1:8H2015 U2
Comprehensive Community Support
Services (structured program 1:1)H2014 U1
Crisis Stabilization - Community Psychiatric
Supportive TreatmentH0036
ACT (daily rate)H0040
Daily TreatmentH2012
Comprehensive Medication Services Mental HealthH2010
(c) This section does not preclude any other rate increase
authorized by law.
(d) The secretary shall provide a written report monthly to
the Joint Committee on Government and Finance created by section
one, article three, chapter four of this code and the Legislative
Oversight Commission on Health and Human Resources Accountability
created by section four, article twenty-nine-e, chapter sixteen of
this code on the development and implementation of the provisions
of this section until they have been fully implemented.
(e) The provisions of this section shall be implemented by
July 1, 2009, or ninety days after the budget is enacted for the
fiscal year beginning July 1, 2009, whichever occurs last. This
section shall expire and be of no further effect beginning July 1,
2013.