HB2512 H&HR AMT 3-11
The Committee on Health and Human Resources moves to amend the
bill, beginning on page one, by striking out the title of the bill
in its entirety and inserting in lieu thereof the following:
"A BILL to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated
§9-8-1, §9-8-2, §9-8-3,
§9-8-4 and §9-8-5,
all relating to Medicaid; reforming the
subrogation statute; reorganizing the statute for clarity; defining
terms; establishing the department's subrogation right;
prioritizing the department's subrogation right; establishing
twenty-one day notice requirement upon action, claim or settlement
offer affecting the department's subrogation right; requiring
joinder of the department upon filing of action or claim; enacting
penalty provision for failure to comply with twenty-one day notice
requirement; requiring specific allocation of damages for any
settlement, compromise, judgment or award; providing a sixty day
review period for the department to assess a proposed settlement
allocation; providing requirements for evidentiary damages hearings
in instances where the department cannot agree with the parties on
the allocation of damages in settlement; establishing post-trial
payment procedures; and making other technical changes."