H. B. 2012
(By Delegate Williams)
[Introduced February 9, 2005; referred to the
Committee on Education, then Finance.]
A BILL to amend and reenact §18-2-5b of the code of West Virginia,
1931, as amended; and to amend and reenact §18A-4-4 of said
code, all relating to providing a salary supplement for
providers of medicaid eligible services in the public schools
and the financing thereof.
Be it enacted by the Legislature of West Virginia:
That §18-2-5b of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18A-4-4 of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5b. Medicaid eligible children; school health services
advisory committee; medicaid service provider salary
supplement.
(a) The state board shall become a medicaid provider and seek out medicaid eligible students for the purpose of providing
medicaid and related services to students eligible under the
medicaid program and to maximize federal reimbursement for all
services available under the Omnibus Budget Reconciliation Act of
one thousand nine hundred eighty-nine, as it relates to medicaid
expansion and any future expansions in the medicaid program for
medicaid and related services for which state dollars are or will
be expended:
Provided, That the state board may delegate this
provider status and subsequent reimbursement to regional
educational service agencies (RESA) and/or county boards:
Provided, however, That annually the state board shall report to
the Legislature the number and age of children eligible for
medicaid, the number and age of children with medicaid coverage,
the types of medicaid eligible services provided, the frequency of
services provided, the medicaid dollars reimbursed; and the
problems encountered in the implementation of this system and that
this report shall be on a county by county basis and made available
no later than the first day of January, one thousand nine hundred
ninety-two, and annually thereafter.
(b) The state board shall appoint and convene a school health
services advisory committee to advise the secretary of health and
human resources and the state superintendent on ways to improve the
ability of regional education service agencies, local school
boards, and department of health and human resources employees to provide medicaid eligible children with all the school-based
medicaid services for which they are eligible and to ensure that
the school-based medicaid service providers bill for and receive
all the medicaid reimbursement to which they are entitled. The
committee shall consist of at least the following individuals: The
person within the Department of Education responsible for
coordinating the provision of and billing for school-based medicaid
services in schools throughout the state, who shall provide
secretarial, administrative and technical support to the advisory
committee; the person within the Department of Health and Human
Resources responsible for coordinating the enrollment of medicaid
eligible school children throughout the state; two representatives
of regional education services agencies who are experienced with
the process of billing medicaid for school-based health services;
two Department of Health and Human Resources employees responsible
for supervising employees, two persons jointly appointed by the
Secretary of Health and Human Resources and the State
Superintendent; and one representative of the governor's task force
on school health.
The school health services advisory committee shall meet in
the first instance at the direction of the State Superintendent,
select a chairperson from among its members, and meet thereafter at
the direction of the chairperson. The committee shall report its
findings and recommendations to the state board and Department of Health and Human Resources, which findings shall then be included
in the report to the Legislature by the state board and Department
of Health and Human Resources provided
for in subsection (a) of
this section.
All actual and necessary travel expenses of the members of the
committee shall be reimbursed by the member's employing agency, for
those members not employed by a state agency, the member's actual
and necessary travel expenses shall be paid by the state board.
All such expenses shall be reimbursed in the same manner as the
expenses of state employees are reimbursed.
(c) From all medicaid reimbursements received pursuant to this
section for services provided after the first day of July, two
thousand five, seven percent of the amount of the reimbursements
received shall be reserved and utilized by county boards for the
purposes of providing a salary supplement for providers of medicaid
eligible services in the public schools pursuant to section four,
article four, chapter eighteen-a of this code.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-4. Minimum salary schedule for teachers having specialized
training; county salary supplement for providers of
medicaid eligible services.
(a) The state Board of Education shall establish the minimum
salary schedule for teachers where specialized training may be required for vocational, technical and adult education, and such
other permits as may be authorized by
said the board.
(b) On and after the first day of July, one thousand nine
hundred eighty-five, any vocational industrial, technical,
occupational home economics, or health occupations teacher who is
required to hold a vocational certificate and is paid a salary
equivalent to the amount prescribed for "A.B. + 15" training
classification in the state minimum salary schedule for teachers
under section two of this article shall, upon application therefor,
receive advanced salary classification and be entitled to increased
compensation on and after such date in respect to and based upon
additional semester hours, approved by the state Board of Education
and completed either prior to or subsequent to such date. All such
hours earned must be from a regionally accredited institution of
higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional semester hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application:
Provided, That any such teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application therefor,
such advanced salary to take effect immediately upon qualification
therefor:
Provided, however, That any vocational teacher receiving
the amount prescribed for the "M.A. + 30" training classification
under prior enactments of this section who have not been issued a
permanent vocational certificate shall not have such salary reduced
as a result of this section:
Provided further, That any teacher
with a vocational certificate and under contract for the school
year one thousand nine hundred eighty-five--eighty-six who has
earned a bachelor's degree prior to the end of such school year shall be entitled to receive the amount prescribed for the "M.A. +
30" training classification, upon application therefor, for the
school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
(c) No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
(d) From the percentage of medicaid reimbursements received by
the county board and reserved for utilization for a medicaid
service provider salary supplement pursuant to section five-b,
article two, chapter eighteen of this code, each county board shall
semi-annually distribute a salary supplement to employees of the
county who provide medicaid eligible services. The amount of the
supplement to each employee shall be determined by dividing the
amount of the reimbursements that are accounted for by each type of
medicaid eligible service during that six-month period equally
among all employees who provide that type of medicaid eligible
service.
Finance Committee Amendment Pending
The Committee on Finance moves to amend the bill on page one,
following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:
"CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-5b. Medicaid eligible children; school health services
advisory committee; medicaid service provider salary
supplement.
(a) The state board shall become a medicaid provider and seek
out medicaid eligible students for the purpose of providing
medicaid and related services to students eligible under the
medicaid program and to maximize federal reimbursement for all
services available under the Omnibus Budget Reconciliation Act of
one thousand nine hundred eighty-nine, as it relates to medicaid
expansion and any future expansions in the medicaid program for
medicaid and related services for which state dollars are or will
be expended:
Provided, That the state board may delegate this
provider status and subsequent reimbursement to regional
educational service agencies (RESA) and/or county boards:
Provided, however, That annually the state board shall report to
the Legislature the number and age of children eligible for
medicaid, the number and age of children with medicaid coverage,
the types of medicaid eligible services provided, the frequency of
services provided, the medicaid dollars reimbursed; and the
problems encountered in the implementation of this system and that
this report shall be on a county by county basis and made available no later than the first day of January, one thousand nine hundred
ninety-two, and annually thereafter.
(b) The state board shall appoint and convene a school health
services advisory committee to advise the secretary of health and
human resources and the state superintendent on ways to improve the
ability of regional education service agencies, local school
boards, and department of health and human resources employees to
provide medicaid eligible children with all the school-based
medicaid services for which they are eligible and to ensure that
the school-based medicaid service providers bill for and receive
all the medicaid reimbursement to which they are entitled. The
committee shall consist of at least the following individuals: The
person within the Department of Education responsible for
coordinating the provision of and billing for school-based medicaid
services in schools throughout the state, who shall provide
secretarial, administrative and technical support to the advisory
committee; the person within the Department of Health and Human
Resources responsible for coordinating the enrollment of medicaid
eligible school children throughout the state; two representatives
of regional education services agencies who are experienced with
the process of billing medicaid for school-based health services;
two Department of Health and Human Resources employees responsible
for supervising employees, two persons jointly appointed by the
Secretary of Health and Human Resources and the State Superintendent; and one representative of the governor's task force
on school health.
The school health services advisory committee shall meet in
the first instance at the direction of the State Superintendent,
select a chairperson from among its members, and meet thereafter at
the direction of the chairperson. The committee shall report its
findings and recommendations to the state board and Department of
Health and Human Resources, which findings shall then be included
in the report to the Legislature by the state board and Department
of Health and Human Resources provided
for in subsection (a) of
this section.
All actual and necessary travel expenses of the members of the
committee shall be reimbursed by the member's employing agency, for
those members not employed by a state agency, the member's actual
and necessary travel expenses shall be paid by the state board.
All such expenses shall be reimbursed in the same manner as the
expenses of state employees are reimbursed.
(c) From all medicaid reimbursements received pursuant to this
section for services provided after the first day of July, two
thousand five, seven percent of the amount of the reimbursements
received shall be reserved and utilized by county boards for the
purposes of providing a salary supplement for providers of medicaid
eligible services in the public schools pursuant to section four,
article four, chapter eighteen-a of this code.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-4. Minimum salary schedule for teachers having specialized
training; county salary supplement for providers of
medicaid eligible services.
(a) The state Board of Education shall establish the minimum
salary schedule for teachers where specialized training may be
required for vocational, technical and adult education, and such
other permits as may be authorized by
said the board.
(b) On and after the first day of July, one thousand nine
hundred eighty-five, any vocational industrial, technical,
occupational home economics, or health occupations teacher who is
required to hold a vocational certificate and is paid a salary
equivalent to the amount prescribed for "A.B. + 15" training
classification in the state minimum salary schedule for teachers
under section two of this article shall, upon application therefor,
receive advanced salary classification and be entitled to increased
compensation on and after such date in respect to and based upon
additional semester hours, approved by the state Board of Education
and completed either prior to or subsequent to such date. All such
hours earned must be from a regionally accredited institution of
higher education.
The advanced salary classification shall be as follows:
(1) Those who have earned fifteen such additional semester hours shall receive an amount equal to that prescribed for the
"M.A." training classification under section two of this article.
(2) Those who have earned thirty such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 15" training classification under section two of this
article.
(3) Those who have earned forty-five such additional semester
hours shall receive an amount equal to that prescribed for the
"M.A. + 30" training classification under section two of this
article.
(4) Those who have earned sixty such additional semester hours
shall receive an amount equal to that prescribed for the "M.A. +
45" training classification under section two of this article.
Any such teacher who has a permanent vocational certificate
and who has earned or earns a bachelor's degree prior or subsequent
to the issuance of such certificate shall be entitled to receive
the amount prescribed for the "M.A. + 30" training classification
upon application:
Provided, That any such teacher who has a
permanent vocational certificate and who has earned or earns
fifteen graduate hours prior or subsequent to the issuance of such
certificate shall be entitled to receive the amount prescribed for
the "M.A. + 45" training classification upon application therefor,
such advanced salary to take effect immediately upon qualification
therefor:
Provided, however, That any vocational teacher receiving the amount prescribed for the "M.A. + 30" training classification
under prior enactments of this section who have not been issued a
permanent vocational certificate shall not have such salary reduced
as a result of this section:
Provided further, That any teacher
with a vocational certificate and under contract for the school
year one thousand nine hundred eighty-five--eighty-six who has
earned a bachelor's degree prior to the end of such school year
shall be entitled to receive the amount prescribed for the "M.A. +
30" training classification, upon application therefor, for the
school year beginning on the first day of July, one thousand nine
hundred eighty-six, and thereafter.
(c) No teacher holding a valid professional certificate shall
incur a salary reduction resulting from assignment out of the
teacher's field by the superintendent, with the approval of the
county board, under any authorization or regulation of the state
board.
(d) From the percentage of medicaid reimbursements received by
the county board and reserved for utilization for a medicaid
service provider salary supplement pursuant to section five-b,
article two, chapter eighteen of this code, each county board shall
semi-annually distribute a salary supplement to employees of the
county who provide medicaid eligible services. The amount of the
supplement due an employee shall be determined by dividing the
seven percent reserve established in section five-b, article two, chapter eighteen received during the six-month period, by the
number of employees in the job title who provided medicaid services
during the period.".