Senate Bill No. 585
(By Senator Snyder)
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[Introduced February 17, 2003; 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 nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twelve,
relating to prohibiting optional medicaid benefits over those
required by the federal government unless specifically
approved by the Legislature.
Be it enacted by the Legislature of West Virginia:
That article two, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twelve, to read as
follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-12. Limitation on use of funds for optional benefits above
federal requirements; legislative approval.
(a) The department of health and human resources may not use
funds from the medicaid program accounts for optional benefits that
exceed benefits required by the federal government, unless those
optional benefits are first approved by the Legislature.
(b) The secretary shall report annually to the joint committee
on government and finance
indicating on how the department has
accomplished benefit reductions of medicaid services that have
previously been provided, including those that exceeded federal
requirements. The report may also contain proposals for medicaid
program optional benefits that exceed federal requirements,
together with an explanation of the necessity of the optional
benefits and why they should be approved by the Legislature. The
Legislature intends that the state's medicaid program may not
provide coverage for benefits that exceed federal requirements,
unless first approved by the Legislature as expressly provided in
this section.
NOTE: The purpose of this bill is to
prohibit The Department
of Health and Human Resources from providing optional medicaid
benefits over those required by the federal government, unless
specifically approved by the Legislature.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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