HB4044 H DA AM #1

Roskovensky 3338


The Select Committee on Prevention and Treatment of Substance Abuse moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §9-2A-1, §9-2A-2 and §9-2A-3, all to read as follows:


§9-2A-1.  Ryan Brown Addiction Prevention and Recovery Fund.

There is established in the treasury a separate, interest bearing, special revenue account to be known as “The Ryan Brown Addiction Prevention and Recovery Fund” to make available resources for prevention and recovery programs not otherwise covered under current state or federal addiction prevention and recovery programs.  Resources shall be made available to nonprofit organizations for adult and child addiction prevention programs.  Resources shall also be made available to private and public addiction treatment facilities and health care providers for inpatient or outpatient addiction treatment.  At least twenty percent of the fund’s resources must be spent on prevention.  The special revenue account shall consist of funds from federal Substance Abuse Prevention and Treatment Block Grants (SABG), gifts, income from the investment of moneys held in the special revenue account, and all other sums available for deposit to the special revenue account from any source, public or private.

§9-2A-2.  Administration of the Ryan Brown Addiction Prevention and Recovery Fund.

(a) The West Virginia Department of Health and Human Resources shall:

(1) Administer the Ryan Brown Addiction Prevention and Recovery Fund and allocate moneys for prevention education and treatment, with at least twenty percent going towards prevention.  The department shall ensure that at least $1 million is contributed to the fund annually through a combination of grants, gifts and reallocation of other department moneys. 

(2) Be responsible for all SABG and other federal block grant applications necessary to maintain the annual $1 million contribution. 

(3) Establish guidelines for eligibility for funding consistent with this article, promote the availability of the funding statewide, provide technical assistance to applicants, evaluate applicants, determine allowable expenses and disburse funding.

(4) Establish monitoring and accountability mechanisms for programs and individuals receiving assistance.

(5) Ensure that funds are disbursed in accordance with the rules set out by Substance Abuse and Mental Health Services Administration for receiving SABG.

(6) Annually post on its website and report to the Legislature on the expenditure of the program fund, including the total amount distributed, the types of programs and individuals that received funding, the amount each received and the results achieved.

(b) The department shall create eligibility guidelines consistent with this article.  To qualify for prevention education funding, the applicant may be a nonprofit trained and certified to provide addiction prevention education.  To qualify for addiction recovery funding, the applicant may not be eligible for Medicare, Medicaid, private insurance or any other state or federal funding sources. 

(c) Addiction recovery funds will be paid directly to the treatment provider on behalf of the individual receiving treatment.

(d) For-profit methadone treatment facilities are not eligible for addiction recovery funds.

(e) Medication assisted treatment will only qualify for recovery funds if the planned course of treatment is twenty-four months or less.  Recovery funds are not available for indefinite medication assisted treatment.

(f) Priority for funding will be given to:

(1) Intravenous drug users;

(2). HIV+, AIDS or HCV+ individuals;

(3) Pregnant women and women with dependent children;

(4) Veterans;

(5) Persons with criminal justice involvement; and

(6) Short-term grants to established nonprofit recovery programs for the purchase and rehabilitation of properties to be used as recovery centers, sober living homes or other facilities used for addiction prevention, education and addiction recovery.

§9-2A-3. Grant Writer Pilot Project.

There is created within the Office of the Secretary of the Department of Health and Human Resources the Grant Writer Pilot Project.  The Secretary shall hire a person as a grant writer, who shall be placed within the Office of the Secretary.  This person shall identify, application and monitoring policies and procedures to increase grant applications and improve management and oversight of grants. The grant writer is not eligible for civil service.  The department shall report to the Legislative Oversight Commission on Health and Human Resources Accountability on the implementation of the new grant policy; the number of grants obtained; and an analysis examining the costs associated with obtaining a grant verses the federal money received.”