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Introduced Version House Bill 4598 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4598


(By Delegates Mahan, Campbell, Canterbury,
Crosier and DeLong)

[Introduced February 18, 2008; referred to the
Committee on Finance.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-31-1; to amend said code by adding thereto a new article, designated §27-18-1; and to amend said code by adding thereto a new section, designated §49-7-35, all relating to annual adjustments of certain provider payments under agreements entered into under the provisions of chapters sixteen, twenty-seven or forty-nine of this code, based on the nonseasonally-adjusted employment cost index issued by the United States Department of Labor.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-31-1; that said code be amended by adding thereto a new article, designated §27-18-1; and that said code be amended by adding thereto a new section, designated §49-7-35, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 31. GENERAL PROVISIONS.

§16-31-1. Annual adjustment of certain provider payments.

Any agreements entered into between the Department of Health and Human Resources, including its Office of Behavioral Health Services and Bureau for Children and Families, or under any provision of this chapter, and private providers of services and grantees of services grants shall contain provisions whereby the reimbursement rates paid to the provider or grantee are adjusted on an annual basis at a percentage rate equal to the nonseasonally-adjusted employment cost index issued by the United States Department of Labor for that year. Furthermore, the reimbursement rates paid to private providers or grantees of services grants shall be adjusted annually regardless of whether a written agreement for services exists or whether any such agreement contains a provision for annual adjustments as required by this section.

CHAPTER 27. MENTALLY ILL PERSONS.

ARTICLE 18. GENERAL PROVISIONS.

§27-18-1. Annual adjustment of certain provider payments.

Any agreements entered into between the Department of Health and Human Resources, including its Office of Behavioral Health Services and Bureau for Children and Families, or under any provision of this chapter, and private providers of services and
grantees of services grants shall contain provisions whereby the reimbursement rates paid to the provider or grantee are adjusted on an annual basis at a percentage rate equal to the nonseasonally-adjusted employment cost index issued by the United States Department of Labor for that year. Furthermore, the reimbursement rates paid to private providers or grantees of services grants shall be adjusted annually regardless of whether a written agreement for services exists or whether any such agreement contains a provision for annual adjustments as required by this section.
CHAPTER 49. CHILD WELFARE.

ARTICLE 7. GENERAL PROVISIONS.

§49-7-35. Annual adjustment of certain provider payments.
Any agreements entered into between the Department of Health and Human Resources, including its Office of Behavioral Health Services and Bureau for Children and Families, or under any provision of this chapter, and private providers of services and grantees of services grants shall contain provisions whereby the reimbursement rates paid to the provider or grantee are adjusted on an annual basis at a percentage rate equal to the nonseasonally-adjusted employment cost index issued by the United States Department of Labor for that year. Furthermore, the reimbursement rates paid to private providers or grantees of services grants shall be adjusted annually regardless of whether a written agreement for services exists or whether any such agreement contains a provision for annual adjustments as required by this section.


NOTE: The purpose of this bill is to require annual adjustments of certain provider payments under agreements entered into under the provisions of chapters 16 (Public Health), 27 (Mentally Ill Persons) or 49 (Child Welfare) of the West Virginia Code, based on the nonseasonally-adjusted employment cost index issued by the United States Department of Labor.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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