H. B. 4013
(By Delegates Burdiss, Fleischauer,
Longstreth, Swartzmiller, Gall, Caputo, Guthrie,
Hamilton, Azinger, Ennis and Klempa)
[Introduced January 9, 2008; referred to the
Committee on Veterans Affairs and Homestead Security then
Finance.]
A BILL to amend and reenact §9A-1-10 of the Code of West Virginia,
1931, as amended, relating to the powers and duties of the
Director of the Division of Veterans' Affairs of West Virginia
and requiring the director to establish a healthcare database
for the veterans' hospital in the state.
Be it enacted by the Legislature of West Virginia:
That §9A-1-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director shall be the executive and administrative head of
the division, and as such shall have the power and duty, subject to
the provisions of section four hereof, to:
(a) Supervise and put into effect the purposes and provisions
of this article and the rules and regulations for the government of
the division;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims, and to the rights and interests of
all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records, and case
records of the veterans, their widows, dependents and orphans:
Provided, That the director shall establish a healthcare database
between the veterans' hospitals in the state in order to enable
veterans easy access to care at these facilities;
(d) Sign and execute, in the name of the state by "West
Virginia Division of Veterans' Affairs," and by and with the
consent of the veterans' council, any contract or agreement with
the federal government or its agencies, other states, subdivisions
of this state, corporations, associations, partnerships or
individuals;
(e) Supervise the fiscal affairs and responsibilities of the
division;
(f) Organize the division to comply with the requirements of
this article and with the standards required by any federal act or
any federal agency;
(g) Establish such regional or area offices throughout the
state as may be necessary to promote efficiency and economy in
administration;
(h) Make such reports as will comply with the requirements of
any federal act or federal agency and the provisions of this
article;
(i) Cooperate with the federal and state governments for the
more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings;
record and file all contracts and agreements, and assume
responsibility for the custody and preservation of all papers and
documents pertaining to his or her office and the division;
(k) Prepare for the veterans' council the annual reports to
the Governor of the condition, operation and functioning of the
division;
(l) Exercise any other powers necessary and proper to
standardize the work; to expedite the service and business; to
assure fair consideration of the rights and interests, and claims
of veterans, their widows, dependents and orphans, and to promote
the efficiency of the division;
(m) Invoke any legal, equitable or special remedies for the
enforcement of his or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of
divisions of the division, and of regional or area offices, and
employ such assistants and employees as may be necessary for the
efficient operation of the division; and
(o) Delegate to all or any of his or her appointees,
assistants or employees all powers and duties vested in the
director, except the power to sign and execute contracts and
agreements, but the director shall be responsible for the acts of
such appointees, assistants and employees.
NOTE: The purpose of this bill is to require the Director of
the Division of Veterans' Affairs of West Virginia to establish a
healthcare database for the veterans' hospitals in the state to
enable veterans easy access to the facilities
.
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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