COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 22
(By Senator Tomblin, Mr. President, By Request of the Executive)
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[Introduced January 13, 1995; referred to the Committee
on Health and Human Resources; and then to the Committee on Finance.]
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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 generally; requiring the secretary of the department of health and human resources to prepare care, placement and transfer plans for each resident; authorizing the secretary to transfer funds needed for alternative placement settings; requiring that moneys saved pursuant to the closing of the center be deposited in the medical services trust fund; requiring that title to real property be transferred to the public lands corporation; and, providing qualified employees with a hiring preference for other state government positions.

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.
(c) For purposes of implementing the provisions of this section and providing appropriate alternative placement settings for the current residents of the Colin Anderson center, the secretary of the department of health and human resources shall have the discretion to transfer funds from the hospital services revenue account created pursuant to section fifteen-a, article one, chapter sixteen of this code and the consolidated medical services fund, established by chapter one hundred twenty-two, acts of the Legislature, regular session, one thousand nine hundred eighty-seven, to any other appropriated account within the department: Provided, That transfer of an amount greater than five percent shall require the prior approval of the governor and shall be reported forthwith to the joint committee on government and finance.
(d) 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.
(e) The department of health and human resources, the bureau of employment programs, the public employees retirement system, the public employees insurance agency, any state agency or local community action agency receiving job training partnership act funds and any other agency of the state involved with benefits or services to the unemployed, shall work individually with all employees whose jobs have been terminated by this section in order to recommend benefits, services, training, interagency employment transfer or other employment. The secretary of the department of health and human resources and directors of all other state agencies shall use best efforts to employ qualified employees who were employed at the facility immediately prior to such sale or transfer: Provided, That notwithstanding any other provision of the code to the contrary, in filling vacancies at other facilities or other state agencies the secretary and the directors of other agencies shall, for a period of twelve months after the closing of the facility give preference over all but existing employees to qualified employees who were permanently employed at the facility immediately prior to the closing of the facility and have not secured other state government employment: Provided, however, That qualified persons who were permanently employed at the facility immediately prior to the closing shall not supersede those employees with recall rights in other state agencies.