ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 687
(Senators Prezioso, Stollings, Foster, Plymale, Unger and Kessler, original
sponsors)
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[Passed April 10, 2009; in effect from passage.]
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AN ACT to amend and reenact §16-42-3, §16-42-5, §16-42-6 and §16-
42-7 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §27-17-1 of said code, all relating to
health; defining terms; reestablishing the Comprehensive
Behavioral Health Commission and Advisory Board; reporting
requirements; and terminating the Comprehensive Behavioral
Health Commission and Advisory Board
.
Be it enacted by the Legislature of West Virginia:
That §16-42-3, §16-42-5, §16-42-6 and §16-42-7 of the Code of
West Virginia, 1931, as amended, be amended and reenacted; and that
§27-17-1 of said code be amended and reenacted, all to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.
§16-42-3. Comprehensive Behavioral Health Commission.
(a) Effective May 1, 2009, the Comprehensive Behavioral Health
Commission is reestablished within the Department of Health and
Human Resources to continue the study of the current behavioral
health system, including substance abuse and domestic violence when
those conditions have an effect upon or are impacted by the system.
(b) The commission consists of:
(1) A representative of the circuit and family court system,
appointed by the Chief Justice of the West Virginia Supreme Court
of Appeals;
(2) A representative of the Commissioner of the Division of
Corrections;
(3) The Commissioner of the Bureau of Senior Services or a
designee;
(4) The Secretary of the Department of Health and Human
Resources or a designee;
(5) The Commissioner of the Bureau for Behavioral Health and
Health Facilities or a designee;
(6) The Commissioner of the Bureau for Children and Families
or a designee;
(7) The Executive Director of the West Virginia Chapter of the
National Alliance on Mental Illness or a designee;
(8) The Chancellor for Higher Education or a designee;
(9) One physician with a speciality in psychiatry appointed by
the Governor from a list provided by the West Virginia Medical
Association;
(10) One member of the House of Delegates, who is a nonvoting member, appointed by the Speaker; and
(11) One member of the Senate, who is a nonvoting member,
appointed by the President.
(c) The commission shall meet at times and places as it finds
necessary and shall be staffed by the Bureau for Behavioral Health
and Health Facilities and the Health Care Authority.
(d) Effective May 1, 2009, the advisory board is reestablished
to serve in a consulting role to the commission with the following
members appointed by the Governor:
(1) One member from a list provided by the West Virginia
Chapter of the National Association of Social Workers;
(2) One member from a list provided by the West Virginia
Hospital Association;
(3) One member who is a psychologist from a list provided by
the West Virginia Psychological Association;
(4) One citizen member from a list of two nominees from each
medical school;
(5) One member from a list of five nominees provided by the
Primary Care Association;
(6) One member from a list provided by the West Virginia
Behavioral Healthcare Providers Association;
(7) One member from a list provided by the West Virginia Child
Care Association; and
(8) One member from a list provided by the Council of
Churches.
(e) Those persons serving on the commission and the advisory board on January 1, 2009, may continue serving on the reestablished
commission and advisory board and the person so designated as
chairperson of the commission shall remain as chairperson.
(f) Each member of the commission and advisory board is
entitled to receive compensation and expense reimbursement for
attending official meetings or engaging in official duties not to
exceed the amount paid to members of the Legislature for their
interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law. A commission member
may not receive compensation for travel days that are not on the
same day as the official meeting or official duties.
§16-42-5. Report.
The commission shall submit a report on its study, including
recommendations, to the Governor and the Legislature by January 1,
2011.
§16-42-6. Certificate of need standards.
Pursuant to the provisions of article two-d of this chapter,
the West Virginia Health Care Authority shall provide the
commission with information needed to complete the study required
in this article. The staff of the authority shall work jointly
with the staff of the Bureau for Behavioral Health and Health
Facilities in providing services to the commission. The commission
shall make recommendations in its report relating to the
certificate of need standards.
§16-42-7. Termination of commission.
The commission and advisory board terminate on June 30, 2011.
CHAPTER 27. MENTALLY ILL PERSONS.
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-1. Definitions.
(a) "Developmental disability" means a chronic disability of
a person which: (1) Is attributable to a mental or physical
impairment or combination of mental and physical impairments; (2)
is likely to continue indefinitely; (3) results in substantial
functional limitations in self-direction, capacity for independent
living or economic self-sufficiency; and (4) reflects the person's
need for a combination and sequence of special, interdisciplinary
or generic care, treatment or other services which are of lifelong
or extended duration and are individually planned and coordinated.
(b) "Behavioral disability" means a disability of a person
which: (1) Is attributable to severe or persistent mental illness,
emotional disorder or chemical dependency; and (2) results in
substantial functional limitations in self-direction, capacity for
independent living or economic self-sufficiency.
(c) "Group residential facility" means a facility which is
owned, leased or operated by a behavioral health service provider
and which: (1) Provides residential services and supervision for
individuals who are developmentally disabled or behaviorally
disabled; (2) is occupied as a residence by not more than eight
individuals who are developmentally disabled and not more than
three supervisors or is occupied as a residence by not more than twelve individuals who are behaviorally disabled and not more than
three supervisors; (3) is licensed by the Department of Health and
Human Resources; and (4) complies with the State Fire Commission
for residential facilities.
(d) "Group residential home" means a building owned or leased
by developmentally disabled or behaviorally disabled persons for
purposes of establishing a personal residence. A behavioral health
service provider may not lease a building to such persons if the
provider is providing services to the persons without a license as
provided for in this article.