H. B. 3181
(By Delegates Ashley, Michael, Mezzatesta,
Williams and Stemple)
[Introduced March 30, 2001; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact sections one and two, article five-q,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the James
"Tiger" Morton catastrophic illness fund, the catastrophic
illness commission, composition, meetings, powers and duties,
promulgation of rules, executive director, staff, promulgation
of rules and investigation of fraud and abuse.
Be it enacted by the Legislature of West Virginia:
That sections one and two, article five-q, chapter sixteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.
§16-5Q-1. Creation of the James "Tiger" Morton catastrophic
illness fund.
There is hereby The fund created in the state treasury, a fund designated the "James 'Tiger' Morton Catastrophic Illness Fund" is
continued.
Moneys in this fund shall be distributed in accordance
with the provisions of this article.
The purpose of this fund is
to provide a source of economic public assistance to the citizens
of this state facing catastrophic illness. In addition to any
funds appropriated by the Legislature, the Tiger Morton Fund may
receive donations of cash or property from other sources, including
gifts, grants, or donations from any source whatsoever. Provided,
That expenditures may be made from this fund only upon
appropriation by the Legislature After appropriation by the
Legislature, the catastrophic illness commission may make
expenditures from the fund as necessary to accomplish the purposes
of this article.
§16-5Q-2. Catastrophic illness commission; composition; meetings.
(a) There is hereby created The catastrophic illness
commission is continued within the department of health and human
resources. The catastrophic illness commission
shall be composed
of the ombudsman from the department of health and human resources,
who serves as a nonvoting ex officio member, and six persons
appointed by the governor, who must be a medical doctor licensed to
practice medicine in this state, an attorney licensed to practice
law in this state, two members from the public at large who are
active in community affairs, a nurse licensed to practice in this
state, and a social worker licensed in this state. The governor shall appoint the members to the catastrophic illness commission no
later than the thirty-first day of August, one thousand nine
hundred ninety-nine, and the commission shall hold its first
meeting no later than the last day of September, one thousand nine
hundred ninety-nine. The term of office for each member of the
catastrophic illness commission appointed by the governor is five
years, except for the first appointments to the catastrophic
illness commission shall be as follows: The medical doctor and
attorney shall be appointed for an initial term of three years; the
initial term of the nurse appointee and the licensed social worker
appointee shall be four years; the initial term of the remaining
members of the commission appointed by the governor shall be five
years. No more than five of the members appointed by the governor
may be from the same political party. Members of the catastrophic
illness commission, may other than the ex officio member, are
entitled to receive expenses only up to one hundred twenty-five
dollars per day, not to exceed fifteen thousand dollars in the
aggregate per year. and The commission shall meet at least
quarterly and annually elect a chairperson. Meetings shall be
conducted in accordance with the provisions of article nine-a,
chapter six of this code. Special meetings may be called. Before
discharging any duties, members shall comply with the oath or
affirmation requirements of article one, chapter six of this code.
Members are subject to the ethical standards and financial disclosure requirements of the West Virginia Governmental Ethics
Act in chapter six-b of this code and serve at the will and
pleasure of the governor as provided in section four, article six,
chapter six of this code.
(b) The purpose of the catastrophic illness commission is to
shall make an annual recommendation to the Legislature regarding
appropriations from the catastrophic illness fund. This
recommendation shall be made in writing to the Legislature no later
than the second Wednesday of January, two thousand, and the second
Wednesday of each year thereafter after that.
The commission may develop proposed rules for proposal by the
secretary of the department of health and human resources. The
commission shall develop internal policies and guidelines to
establish the standards for the receipt of public assistance from
appropriations from the James "Tiger" Morton catastrophic illness
fund, and the commission shall make distributions from the
appropriations in accordance with the guidelines. The internal
policies and guidelines may, at the commission's option, be
developed as a proposed rule for promulgation.
The commission may initiate contacts and cooperate with health
care funding and regulatory agencies and private organizations and
individuals in seeking methods for funding the care for
catastrophic illnesses and their consequences.
The commission may encourage and conduct studies and research relating to the funding for the care of catastrophic illnesses and
their consequences as the commission considers advisable.
The commission may recommend to the governor, the Legislature
and other agencies of government various policies, procedures,
practices and legislation in matters and questions affecting the
funding of care for catastrophic illnesses and their consequences.
The commission may enter into contracts to effectuate the
purposes of this article.
(c) The commission shall appoint an executive director whose
compensation shall be fixed by the commission within its budgetary
appropriation. The executive director shall be in the exempt class
of civil service and may not be a member of the commission. The
executive director may attend all meetings of the commission, as
well as its committees, but has no vote on decisions or actions of
the commission or its committees. The executive director shall
carry out the decisions and actions of the commission, hire all
staff, administer all affairs of the commission in accordance with
its policies and discharge such other duties as the commission
shall from time to time determine. The commission may employ such
other officers, employees and clerical assistants as it considers
necessary and may fix their compensation within the amounts made
available by appropriation.
(d) The secretary of the department of health and human
resources shall propose rules for legislative promulgation as the commission may need to accomplish the purpose of the James "Tiger"
Morton catastrophic illness fund.
The secretary shall also assist the commission in the
investigation of any fraud and abuse suspected to have been
committed by persons providing information related to an
application for catastrophic illness assistance.
NOTE: The purpose of this bill is to clarify the legislation
regarding the catastrophic illness commission and grant the
commission such powers and duties as are necessary to carry out the
purpose of the James "Tiger" Morton catastrophic illness fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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