Introduced Version
House Bill 2236 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2236
(By Delegate Paxton)
[Introduced February 13, 2013; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-2-5b of the Code of West Virginia,
1931, as amended; and to amend and reenact §18A-4-4 of said
code, all relating to providing a salary supplement for
providers of Medicaid eligible services in the public schools
and the financing thereof.
Be it enacted by the Legislature of West Virginia:
That §18-2-5b of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18A-4-4 of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5b. Medicaid eligible children; school health services
advisory committee; Medicaid service provider salary
supplement.
(a) The state board shall become a Medicaid provider and seek
out Medicaid eligible students for the purpose of providing
Medicaid and related services to students eligible under the
Medicaid program and to maximize federal reimbursement for all
services available under the Omnibus Budget Reconciliation Act of
1989, as it relates to Medicaid expansion and any future expansions
in the Medicaid program for Medicaid and related services for which
state dollars are or will be expended.
Provided, That The state
board may delegate this provider status and subsequent
reimbursement to regional educational service agencies (RESA)
and/or county boards.
Provided, however, That annually The state
board shall report annually to the Legislature the number and age
of children eligible for Medicaid, the number and age of children
with Medicaid coverage, the types of Medicaid eligible services
provided, the frequency of services provided, the Medicaid dollars
reimbursed and the problems encountered in the implementation of
this system. and that This report shall be on a county by county
basis and made available no later than January 1, 1992, and
annually thereafter.
(b) The state board shall appoint and convene a School Health
Services Advisory Committee to advise the Secretary of Health and
Human Resources and the state superintendent on ways to improve the
ability of regional education service agencies, local school boards
and Department of Health and Human Resources employees to provide Medicaid eligible children with all the school-based Medicaid
services for which they are eligible and to ensure that the
school-based Medicaid service providers bill for and receive all
the Medicaid reimbursement to which they are entitled. The
committee shall consist of at least the following individuals:
(1) The person within the Department of Education responsible
for coordinating the provision of and billing for school-based
Medicaid services in schools throughout the state who shall provide
secretarial, administrative and technical support to the advisory
committee;
(2) The person within the Department of Health and Human
Resources responsible for coordinating the enrollment of Medicaid
eligible school children throughout the state;
(3) Two representatives of regional education services
agencies who are experienced with the process of billing Medicaid
for school-based health services;
(4) Two Department of Health and Human Resources employees
responsible for supervising employees two persons and who are
jointly appointed by the Secretary of Health and Human Resources
and the state superintendent; and,
(5) One representative of the Governor's task force on school
health.
The School Health Services Advisory Committee shall meet in
the first instance at the direction of the state superintendent, select a chairperson from among its members and meet thereafter at
the direction of the chairperson. The committee shall report its
findings and recommendations to the state board and Department of
Health and Human Resources, which findings shall then be included
in the report to the Legislature by the state board and Department
of Health and Human Resources provided for in subsection (a) of
this section.
All actual and necessary travel expenses of the members of the
committee shall be reimbursed by the member's employing agency and,
for those members not employed by a state agency, the member's
actual and necessary travel expenses shall be paid by the state
board. All such expenses shall be reimbursed in the same manner as
the expenses of state employees. are reimbursed.
(c) Seven percent from all Medicaid reimbursements received
pursuant to this section for services provided after July 1, 2013,
is reserved and may be utilized by county boards for the purposes
of providing a salary supplement for providers of Medicaid eligible
services in the public schools pursuant to section four, article
four, chapter eighteen-a of this code.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-4. Minimum salary schedule for teachers having specialized
training; county salary supplement for providers of Medicaid eligible services.
(a) The State Board of Education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education and such
other permits as may be authorized by said board.
(b) On and after July 1, 1985, any vocational industrial,
technical, occupational home economics or health occupations
teacher who is required to hold a vocational certificate and is
paid a salary equivalent to the amount prescribed for "A.B. + 15"
training classification in the state minimum salary schedule for
teachers under section two of this article shall, upon application,
therefor, receive advanced salary classification and be entitled to
increased compensation on and after such date in respect to and
based upon additional semester hours, approved by the State Board
of Education and completed either prior to or subsequent to such
date. All such hours earned must be from a regionally accredited
institution of higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this article.
(3) Those who have earned forty-five such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such a certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application.
Provided, That any such A teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application, therefor,
such advanced salary to take effect immediately upon qualification.
therefor.
Provided, however, That any A vocational teacher
receiving the amount prescribed for the "M.A. + 30" training
classification under prior enactments of this section who have not
been issued a permanent vocational certificate shall not have such
salary reduced as a result of this section.
Provided further, That
any A teacher with a vocational certificate and under contract for the school year 1985 through 1986 who has earned a bachelor's
degree prior to the end of such school year shall be entitled to
receive the amount prescribed for the "M.A. + 30" training
classification, upon application, therefor, for the school year
beginning on the July 1, 1986, and thereafter.
(c) No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
(d) From the percentage of Medicaid reimbursements received by
the county board and reserved for utilization for a Medicaid
service provider salary supplement
pursuant to
section five-b,
article two, chapter eighteen of this code
, each county board shall
semiannually distribute a salary supplement to employees of the
county who provide Medicaid eligible services. The amount of the
supplement to each employee shall be determined by dividing the
amount of the reimbursements that are accounted for by each type of
Medicaid eligible service during that six-month period equally
among all employees who provide that type of Medicaid eligible
service.
NOTE: The purpose of this bill is to provide a salary
supplement for providers of Medicaid eligible services in the
public schools and, additionally, providing the financing therefor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.