COMMITTEE SUBSTITUTE
FOR
H. B. 4488
(By Delegates Perdue, Hatfield, Brown, Webster, Wakim, Doyle,
Longstreth, Marshall, Moore and Hrutkay)
(Originating in the House Committee on Health and Human
Resources)
[February 15, 2006]
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 the purpose; setting
forth the requirements of the study; requiring the commission
to submit periodic and final reports; requiring the department
of health and human resources to submit periodic reports;
providing for compensation of commission members; 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 and inadequately treated behavioral illness
and substance abuse, ongoing domestic violence and undiagnosed and
untreated developmental disabilities have placed a significant
impediment upon West Virginia businesses and have placed heavy
fiscal pressures on many West Virginia government and non-profit
agencies;
(3) That these untreated problems and lack of services are
directly linked to increases in fatalities, penal incarcerations,
suicides, utilization of public assistance, homelessness, increased
school dropout rates, teenage pregnancy, excessive employee
absenteeism, underemployment, unemployment, higher workers'
compensation costs and many other health, criminal justice, social
and personal problems which cost our state millions of dollars each
year; and
(4) That the health and economic well-being of the state and its citizens requires the development of the Comprehensive
Behavioral Health Commission to conduct a comprehensive study and
review of the behavioral health care system of West Virginia and
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 individuals and organizations
in the private sector that provide or are in need of behavioral
health services, 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 for
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
non-voting 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 chairperson.
(d) The commission shall meet at times and places as it finds necessary and shall be staffed by the Bureau for Behavioral Health
and Health Facilities and the Health Care Authority.
(e) Each member of the Commission is entitled to receive
compensation and expense reimbursement for attending official
meetings or engaging in official duties not to exceed the amount
paid to members of the Legislature for their interim duties as
recommended by the Citizens Legislative Compensation Commission and
authorized by law. A commission member may not receive
compensation for travel days that are not on the same day as the
official meeting or official duties.
§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 and workgroups composed of consumers, providers and
representative groups as it deems necessary to perform its duties and responsibilities pursuant to this article.
§16-42-5. Report.
The commission shall submit a preliminary report of its
progress in its study to the Governor and the Legislature by the
first day of January, two thousand seven and a final report
including its recommendations 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 for Behavioral Health and Health
Facilities in providing services to the commission. The commission
shall make recommendations in its final report relating to the
certificate of need standards.
§16-42-7. Expiration of commission.
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.