H. B. 3171

(By Delegate C. White, Caputo,
Kuhn and Martin)
[Introduced March 30, 2001; referred to the
Committee on Banking and Insurance then the Judiciary.]

A BILL to amend and reenact section one, article two-a, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that mental health centers or mental retardation facilities operated by nonprofit organizations which are receiving state funds must provide liability insurance to employees using their personal vehicles to transport patients in the course of their employment.

Be it enacted by the Legislature of West Virginia:
That section one, article two-a, chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§27-2A-1. Comprehensive community mental health-mental retardation centers; establishment, operation and location; access to treatment.

(a) The director of health is authorized and directed to establish, maintain and operate comprehensive community mental health centers and comprehensive mental retardation facilities, at such locations within the state as may be determined by the director in accordance with the state's comprehensive mental health plan and the state's comprehensive mental retardation plan. Such facilities may be integrated with a general health care or other facility or remain separate as the board of health may by rules and regulations prescribe: Provided, That nothing contained herein shall be construed to allow the department of health and human resources to assume the operation of comprehensive regional mental health centers or comprehensive mental retardation facilities which have been heretofore established according to law and which, as of the effective date of this article, are being operated by local nonprofit organizations.
(b) Any new mental health centers and comprehensive mental retardation facilities herein provided for 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 and regulations promulgated by the board of health. All comprehensive regional mental health and mental retardation 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 shall 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 mental retardation facility operated by a local nonprofit organization, or to the director of 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.
The state's share of costs of operating such facilities may be provided from funds appropriated for this purpose within the budget of the department of health and human resources.

The director shall administer these funds among all comprehensive mental health and mental retardation facilities as may be required to best provide comprehensive community mental health care and services to the citizens of the state.
After the first day of July, but not later than the first day of August of each year, the chief administrative officer of each comprehensive regional mental health center and mental retardation facility shall submit a report to the director 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 board of health shall by regulation prescribe.

(c) A comprehensive mental health center or mental retardation facility operated by a nonprofit organization which is receiving state funds and is licensed pursuant to this section shall provide liability insurance to any employee using his or her personal vehicle to transport patients in the course of employment with the mental health center or mental retardation facility.

NOTE: The purpose of this bill is to provide that mental health centers or mental retardation facilities

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