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."