Senate Bill No. 767
(By Senators Snyder, Browning, Foster, Minard, Palumbo, Sypolt,
White and Williams)
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[Originating in the Committee on Government Organization;
reported March 31, 2009.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-9a, relating to
certain contracts for the Medicaid program; exempting such
contracts from the competitive bid process of the Division of
Purchasing; establishing procedures and requirements for
competitive bidding; and awarding of such contracts by the
Secretary of the Department of Health and Human Resources.
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 §9-2-9a, to read as
follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-9a. Contract procedure for the Medicaid program.
(a) The secretary is authorized to execute a contract to
implement professional health care, managed care, actuarial and
health care-related monitoring, quality review/utilization, claims
processing and independent professional consultant contracts for
the Medicaid program.
(b) The provisions of article three, chapter five-a of this
code do not apply to contracts set out in subsection (a) of this
section:
Provided, That the secretary shall comply with the
requirements set forth in this section.
(c) The secretary shall develop procedures and requirements
for competitive bidding and the awarding of contracts set out in
subsection (a) of this section, which procedures and requirements
shall include, but are not limited to, the following:
(1) Submitting public notice bids;
(2) The general terms and conditions for the contract;
(3) Awarding contracts; and
(4) The description of the commodities and services required
for the contract, stated with sufficient clarity to assure that
there is a comprehensive understanding of the contact's scope and
requirements.
(d) The awarding of the contract may be based on:
(1) Best value;
(2) Low bid;
(3) Sole source; or
(4) Any other basis the secretary chooses to award or reject
the bid:
Provided, That the secretary shall document the basis of
any decision made pursuant to the provisions of this subsection.
(e) The secretary may employ the services of independent
professional consultants to assist in preparing solicitations or
for the evaluation of any responses to such solicitations:
Provided, That the independent professional consultant may not have
any conflict of interest in the preparation of the solicitation or
in the evaluation of such response.
(f) The secretary may terminate any contract with thirty days'
prior written notice.
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