ENROLLED
Senate Bill No. 1002
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
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[Passed June 2, 2009; in effect ninety days from passage.]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-5-4a, all relating
to salary enhancements for health care personnel at certain
hospitals; establishing legislative findings; requiring the
Division of Personnel and the Department of Health and Human
Resources to develop pay rates and requirements for certain
classified service positions at Mildred Mitchell-Bateman
Hospital and William R. Sharpe, Jr. Hospital; authorizing the
Department of Health and Human Resources to provide funding
from legislative appropriations; exempting pay rates and
employment requirements from grievance procedures; and
declaring that the provisions do not give rise to any private
cause of action.
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 §5-5-4a, to read as
follows:
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-4a. Psychiatrists, nurses and aides classifications.
(a) The Legislature finds that Mildred Mitchell-Bateman
Hospital and William R. Sharpe, Jr. Hospital have extreme
difficulty in recruiting and retaining physicians, physician
specialists, nurses, nursing directors, health service workers,
health service assistants, health service associates and other
employees who assist in the direct provision of medical care to
patients in those facilities.
(b) The West Virginia Division of Personnel and the Department
of Health and Human Resources jointly shall develop pay rates and
employment requirements to support the recruitment and retention of
physicians, physician specialists, nurses, nursing directors,
health service workers, health service assistants, health service
associates or other positions at Mildred Mitchell-Bateman Hospital
and William R. Sharpe, Jr. Hospital. Pay rates shall reflect the
regional market rates for relevant positions. The pay rates and
employment requirements shall be put into effect by July 1, 2009.
(c) Funding for the pay rates and employment requirements
shall be provided from the appropriation to the Department of
Health and Human Resources. Due to the limits of funding, the
implementation of the pay rates and employment requirements shall
not be subject to the provisions of article two, chapter six-c of this code. The provisions of this section are rehabilitative in
nature and it is the specific intent of the Legislature that no
private cause of action, either express or implied, shall arise
pursuant to the provisions or implementation of this section.