ENGROSSED
COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 22
(By Senator Tomblin, Mr. President, By Request of the Executive)
____________
[Originating in the Committee on Finance;
reported February 3, 1995.]

________

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 and report to the joint committee on government and finance monthly; authorizing the secretary to transfer funds needed for alternative placement settings; requiring that moneys saved pursuant to the closing of the Colin Anderson center be deposited in the medical services trust fund; providing qualified employees with a hiring preference for other state government positions; and providing for reporting to the joint committee on government and finance regarding status of employee training and placement.

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 the Colin Anderson center as a result of action taken pursuant to this section, the secretary must design and implement a detailed plan providing for the ongoing appropriate care, placement and transfer of said resident.
(c) The secretary of the department of health and human resources shall make monthly reports to the joint committee on government and finance regarding the placement and monitoring of all residents placed from the Colin Anderson center pursuant to the provisions of this section. The monthly report shall include, but not be limited to, information concerning resident placement and treatment and the costs associated with such placement and treatment. In addition, consistent with well- established principles of legislative oversight in connection with the expenditure of state and federal moneys, and the protection of the rights of patients as set forth in section nine, article five of this chapter, any member of the West Virginia Legislature shall have the same right of access to the premises of any alternative and community-based placement locations including, but not limited to, group homes, as was applicable to the Colin Anderson center.
(d) The secretary of the department of health and human resources shall report monthly to the joint committee on government and finance regarding the placement and training of employees pursuant to the provisions of subsection (g) of this section.
(e) 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.
(f) 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.
(g) 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 providing 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 their best efforts to employ qualified employees who were employed at the facility immediately prior to such closing: 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.