Senate Bill No. 629
(By Senators Prezioso, Minard and Hunter)
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[Introduced February 17, 2006; referred to the Committee
on Health and Human Resources; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-42-1, §16-42-2,
§16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all
relating to a study of the behavioral health system of West
Virginia; creating a commission of public and private
citizens; setting forth findings and purpose; setting forth
requirements of the study; requiring the commission to submit
periodic and final reports; and including a date certain for
the conclusion of the commission's work.
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 §16-42-1, §16-42-2,
§16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all to read as
follows:
ARTICLE 42. COMPREHENSIVE BEHAVIORAL HEALTH COMMISSION.
§16-42-1. Legislative findings.
The Legislature finds as follows:
(1) That the behavioral health system in West Virginia is
rapidly moving toward a state of crisis as a result of overcrowding
of the beds in state facilities and prisons, and inadequate
community support services to prevent these problems;
(2) That untreated behavioral illness and substance abuse and
ongoing domestic violence and unserved developmental disabilities
have placed a significant impediment for West Virginia businesses
and have placed heavy fiscal pressures on many West Virginia
government and nonprofit agencies;
(3) That these untreated problems and lack of services are
directly linked to increases in fatalities, penal incarcerations,
suicides, increase in welfare rolls, homelessness, school dropout
rate increases, teenage pregnancy, excessive employee absenteeism,
underemployment, unemployment, higher workers' compensation costs
and many other health, criminal justice, social and personal
problems which cost our society billions of dollars each year; and
(4) That the health and economic well-being of the state
require the development of the Comprehensive Behavioral Health
Commission to conduct a comprehensive study and review of the total
public and private dollars actually being spent on prevention,
treatment, education and other services related to mental illness, substance abuse, developmental disabilities and domestic violence
in West Virginia.
§16-42-2. Purpose.
This article is enacted to provide a framework within which
the departments and divisions of state government, working
collaboratively with the applicable citizen groups, can study the
current system of behavioral health services offered within West
Virginia, the financing of those services, and proposed changes to
both. It is the purpose of the Legislature to encourage the
long-term, well-planned development of a comprehensive and
cost-effective system of care.
§16-42-3. Comprehensive Behavioral Health Commission.
(a) There is created within the Department of Health and Human
Resources the Comprehensive Behavioral Health Commission to study
the current behavioral health system, including substance abuse and
domestic violence when those conditions have an effect upon or are
impacted by the system.
(b) The commission consists of a representative of the circuit
and family court system, as appointed by the Chief Justice of the
West Virginia Supreme Court of Appeals, a representative of the
Commissioner of the Division of Corrections, the Commissioner of
the Bureau of Senior Services, the Secretary of the Department of
Health and Human Resources, the Executive Director of the National
Alliance on Mental Illness, the Commissioner of the Bureau of Behavioral Health and Health Facilities, the Commissioner of the
Bureau for Children and Families and the Chancellor for Higher
Education. Each ex officio member may appoint a designee. One
member of the House of Delegates, appointed by the Speaker and one
member of the Senate, appointed by the President, serve as
nonvoting members. The Governor shall appoint:
(1) One citizen member from a list of two nominees from each
medical school;
(2) One member from a list of five nominees provided by the
primary care association;
(3) One member from a list provided by the West Virginia
Behavioral Healthcare Providers Association;
(4) One member from a list provided by the West Virginia Child
Care Association; and
(5) One member from a list provided by the Council of
Churches.
(c) The Governor shall appoint a chair.
(d) The commission shall meet at times and places as it finds
necessary and shall be staffed by the Bureau of Behavioral Health
and Health Facilities and the Health Care Authority.
§16-42-4. Study.
The commission shall study the current status of prevention,
treatment, education, related services and appropriate workforce
development for behavioral health, including substance abuse and domestic violence when those conditions have an effect upon the
system. Each item studied shall be reported for children, adults
and seniors. The report shall include recommendations on system
changes needed to meet the needs of those served by the system and
a determination of the total public and private dollars spent for
each item listed in this section. The commission may coordinate
its activities with those of the Department of Health and Human
Resources and its consultants. The commission may appoint
subcommittees composed of consumers, providers and representative
groups.
§16-42-5. Report.
The commission shall submit a preliminary report to the
Governor and the Legislature by the first day of January, two
thousand seven and a final report by the first day of January, two
thousand eight. The Department of Health and Human Resources shall
submit a report to the Governor and the Legislature by the first
day of July, two thousand eight, regarding implementation of the
recommendations of the commission. The department shall report no
less than quarterly to the Legislative Oversight Commission on
Health and Human Resources Accountability.
§16-42-6. Certificate of need standards.
Pursuant to the provisions of article two-d of this chapter,
the West Virginia Health Care Authority shall provide the
commission with information needed to complete the study required in this article. The staff of the authority shall work jointly
with the staff of the Bureau of Behavioral Health and Health
Facilities in providing services to the commission. The authority
shall modify the certificate of need standards as needed to comport
with the recommendations of the commission.
§16-42-7. Sunset.
The commission ceases to exist on the thirty-first day of
January, two thousand nine, or after the submission of the
commission's final report, whichever occurs first.
NOTE: The purpose of this bill is to create a commission to
complete a comprehensive study of the state's behavioral health
system, including the expenditure of funds, and to require this
commission to make recommendations for changes in needed services
and funding. The Department of Health and Human Resources is
required to report periodically to the Legislative Oversight
Commission on Health and Human Resources Accountability and the
commission is to submit preliminary and final reports to the
Governor and Legislature.
This article is new; therefore, strike-through and
underscoring have been omitted.
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