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House Bill 4488 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4488
(By Delegates Perdue, Hatfield, Brown, Webster, Wakim, Doyle,
Longstreth, Marshall, Moore and Hrutkay)
[Passed March 11, 2006; in effect ninety days from passage.]
AN ACT 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; creating an advisory board; 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 and advisory board 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 and ongoing domestic violence 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 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 Commissioner of the Bureau for
Behavioral Health and Health Facilities, the Commissioner of the
Bureau for Children and Families; the Executive Director of the
West Virginia Chapter of the National Alliance on Mental Illness;
the Chancellor for Higher Education and one physician with a
speciality in psychiatry appointed by the Governor from a list
provided by the West Virginia Medical Association. 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 a chairperson.
(c) 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.
(d) An advisory board shall be created to serve in a
consulting role to the commission members. The advisory board
members shall be appointed by the Governor as follows:
(1)
One member from a list provided by the West Virginia
Chapter of the National Association of Social Workers;
(2) One member from a list provided by the West Virginia
Hospital Association;
(3) One member who is a psychologist from a list provided by
the West Virginia Psychological Association;
(4) One citizen member from a list of two nominees from each
medical school;
(5) One member from a list of five nominees provided by the
Primary Care Association;
(6) One member from a list provided by the West Virginia
Behavioral Healthcare Providers Association;
(7) One member from a list provided by the West Virginia Child
Care Association; and
(8) One member from a list provided by the Council of
Churches.
(e) Each member of the Commission and advisory board 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.