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.