H. B. 2038
(By Mr. Speaker (Mr. Chambers) and Delegate Ashley)
(By Request of the Executive)
[Introduced January 17, 1995; referred to the
Committee on Finance.]
A BILL to amend article two, chapter twenty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one-b, relating to the closure of the Colin Anderson Center.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
one-b, to read as follows:
ARTICLE 2. MENTAL HEALTH FACILITIES.
§27-2-1b. Deinstitutionalization of residents at Colin Anderson.
(a) The Legislature finds:
(1) That residents of the Colin Anderson Center can receive
better, more appropriate care in alternative and community-based
settings;
(2) That such residents have or can obtain health insurance
coverage through medicaid, medicare, public employees insurance agency, or private insurance that enables them to procure such
health care services in alternative and community-based settings;
and
(3) That the cost to the taxpayers of the state of West
Virginia of providing higher quality health care services to such
residents and patients in alternative and community-based
settings is significantly less than the cost of providing less
appropriate health care services in state owned and managed
institutions.
(b) Notwithstanding any other provisions in this code to the
contrary, the secretary of the department of health and human
resources shall close the Colin Anderson Center on or before the
thirty-first day of December, one thousand nine hundred
ninety-six: Provided, That prior to any transfer of any resident
from Colin Anderson as a result of action taken pursuant to this
section, the secretary must design and be able to implement a
detailed plan providing for the ongoing appropriate care,
placement, and transfer of said resident and in designing and
implementing such a plan the secretary of the department of
health and human resources shall have the discretion to transfer
funds from the 8500 and 4190 accounts to any other account within
the department for the specific purposes of caring for residents
in alternative placement settings.
(c) All savings accruing to the state as a result of actions
taken pursuant to this section shall be deposited in the medical
services trust fund established by section two-a, article four-a, chapter nine of this code. Upon closure of the Colin Anderson
Center, the title to all real property connected with the Colin
Anderson Center shall be transferred by the secretary of the
department of health and human resources to the public lands
corporation and such transfer shall not be subject to the
requirements of section three, article five, chapter one of this
code and all other assets connected with the Colin Anderson
Center shall be declared and treated as surplus property.
(d) The secretary of the department of health and human
resources is directed to encourage vendors providing mental
health related services for the department to hire employees at
Colin Anderson Center who are laid off because of the facility's
closure. In addition, notwithstanding any other hiring
preference in this code to the contrary, any state employee at
the Colin Anderson Center who is laid off due to the closing of
the facility shall be entitled to a hiring preference above all
others for any state government positions for which that employee
is fully qualified by training and experience.
NOTE: The purpose of this bill is to require the closing of
the Colin Anderson Center and relocation of its residents by
December 31, 1996.
This section is new; therefore, strike-throughs and
underscoring have been omitted.