COMMITTEE SUBSTITUTE
FOR
H. B. 2038
(By Mr. Speaker, Mr. Chambers)
[By Request of the Executive]
(Originating in the Committee on Finance)
[February 10, 1995]
A BILL to amend article two, chapter twenty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one-b, relating generally to the closure of the Colin
Anderson Center; setting forth a closure date; requiring the
secretary to prepare care, placement and transfer plans for
each resident; setting forth criteria to be followed in
developing plans; allowing the transfer of funds; setting
limitations on transfer of funds; setting forth reporting
requirements regarding transfer of funds; creating "Colin
Anderson Transfer Fund"; providing for expenditure from
fund; providing for the deposit of savings in medical
services trust fund; requiring monthly reports to the joint
committee on government and finance on the placement of
residents; providing qualified employees with a hiring
preference for other state government positions; requiring a feasibility study regarding the establishment of one or
more permanent intermediate care facilities for the mentally
retarded that could house up to thirty residents; expediting
certificate of need review under specified circumstances;
and creating a subcommittee of the joint committee on
government and finance to montitor residents transferred
from Colin Anderson Center.
Be it enacted by the Legislature of West Virginia:
That article two, chapter twenty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
one-b, to read as follows:
ARTICLE 2. MENTAL HEALTH FACILITIES.
§27-2-1b.
Deinstitutionalization of residents at Colin Anderson.
(a) Notwithstanding any other provisions in this code to the
contrary, the secretary of the department of health and human
resources shall close the Colin Anderson Center on or before the
thirty-first day of December, one thousand nine hundred
ninety-six:
Provided, That prior to any transfer of any resident
from Colin Anderson Center as a result of action taken pursuant
to this section, the secretary must design and be able to
implement a detailed plan providing for the ongoing appropriate
care, placement, and transfer of said resident in accordance with
subsection (b) of this section.
(b) The plan for providing for the ongoing appropriate care,
placement and transfer of each resident at Colin Anderson Center shall be designed in accordance with the criteria set forth in
this subsection. Each resident must have a plan of service
developed to meet his or her individual medical, physical and
emotional needs. The plan of service shall be developed by a
team which shall include, but not be limited to the following
persons: the resident; the immediate family of the resident, if
the immediate family of the resident is willing to participate;
the guardian of the resident, if the guardian is willing to
participate; representatives of the Colin Anderson Center;
community behavioral health service providers; and such other
persons as may be appointed to the team by the secretary of the
department. The plan shall not compromise the health, safety and
well-being of the resident. The plan will be implemented in a
timely manner. However, no plan shall be implemented until the
needed services are in place, adequate staff training has been
completed, and an appropriate transition has been provided. Each
resident, or his or her guardian, shall have access to and be
informed of the written appeal process which shall be established
by the department.
(c) In designing and implementing the placement plan the
secretary of the department of health and human resources shall
have the discretion to transfer funds from the hospital services
revenue account and consolidated medical service fund to a
special revenue account created in the state treasury, designated
the "Colin Anderson Transfer Fund" for the specific purposes of
caring for residents in alternative placement settings:
Provided, That transfers in excess of a total of ten million
dollars in any one fiscal year shall require the prior approval
of the governor and shall be reported forthwith to the joint
committee on government and finance. Moneys deposited in the
"Colin Anderson Transfer Fund" shall be expended directly from
the fund for payments related to care of persons effected by the
provisions of this section and may be expended by the transfer of
moneys from this fund to match the state's share of medicaid
payments necessary to effectuate the purposes of this section.
The secretary shall prepare a quarterly report of all transfers
made from the hospital services revenue account and the
consolidated medical service fund explaining the specific reason
for the transfer. The reports shall be submitted to the joint
committee on government and finance upon their completion. In
submitting a budget to the Legislature for the fiscal year
following the closure of Colin Anderson, the secretary shall
include funding necessary for the continued care of each resident
in the appropriate account and the authority of the secretary to
transfer funds pursuant to this section shall be void and of no
further effect.
(d) All savings accruing to the state as a result of actions
taken pursuant to this section shall be deposited in the medical
services trust fund established by section two-a, article four-a,
chapter nine of this code.
(e) The secretary of the department of health and human
resources shall make monthly reports to the joint committee on government and finance regarding the placement and monitoring of
all residents placed from Colin Anderson Center pursuant to the
provisions of this section. The report shall include, but not be
limited to, the following information: (1) the types of
financing and start up funds expended for relocation; (2) the
costs incurred during the month for the placement, relocation and
maintenance of each resident; (3) a description of the transition
process planned for each resident and the results of any trial
visits by the resident; (4) a description of the facility into
which any resident is to be placed; (5) information regarding the
dislocation of any individual presently occupying a bed at an
intermediate care facility for the mentally retarded and the
ultimate placement of the dislocated individual; (6) information
regarding the use of day programming and employment; (7)
identification of medical providers by type, prior to and
following the relocation of each resident from Colin Anderson
Center; (8) serious injury and mortality, other than from natural
cause, reports for relocated residents, provided in a manner to
protect the confidentiality of the residents; (9) a comparison of
the needs assessment and medical and social resources identified
for each resident prior to relocation and after relocation; and
(10) such other information the secretary deems appropriate or is
specifically requested by the joint committee on government and
finance.
(f) The department of health and human resources, the bureau
of employment programs, the public employees retirement system, the public employees insurance agency, any state agency or local
community action agency receiving job training partnership act
funds and any other agency of the state involved with benefits
or services to the unemployed, shall work individually with all
employees whose jobs have been terminated by this section in
order to recommend benefits, services, training, interagency
employment transfer or other employment. The secretary of the
department of health and human resources and secretaries of all
other state agencies shall use best efforts to employ qualified
employees who were employed at the facility immediately prior to
its closure:
Provided, That notwithstanding any other provision
of the code to the contrary, in filling vacancies at other
facilities or other state agencies the secretary and the
directors of other agencies shall, for a period of twelve months
after the closure give preference over all but existing employees
to qualified employees who were permanently employed at the
facility immediately prior to its closure:
Provided, however,
That qualified persons who were permanently employed at Colin
Anderson immediately prior to its closure shall not supersede
those employees with recall rights in other state agencies. The
secretary of the department of health and human resources is
directed to encourage vendors providing mental health related
services for the department to hire employees who were separated
from service as a result of the closure of Colin Anderson.
(g) No later than the thirtieth day of November, one thousand
nine hundred ninety-five, the department shall report to the joint committee on government and finance regarding the
feasibility of establishing one or more permanent intermediate
care facilities for the mentally retarded which would house up to
thirty residents which is constructed and or operated by a
private contractor. Prior to preparing the report, the
department shall solicit requests for proposals from private
contractors who are willing to construct and or operate such a
facility within this state. In formulating the feasibility
report, the department shall consider the availability of all
necessary equipment at the private facility, the cost to the
state of maintaining patients in the private facility and the
quality of care available at the privately run facility vis a
vis the care available at a group home in this state. The
department shall also consider, when making its report, the
preference of a guardian of any resident at Colin Anderson Center
who prefers the more restrictive placement of that resident in an
intermediate care facility for the mentally retarded. The
department may also consider and report on such other factors
which are relevant to the feasibility of permanently maintaining,
in this state, one or more intermediate care facilities for the
mentally retarded which would house up to an aggregatge of thirty
residents statewide.
(h) In order to assist the department in completing the
transfer of residents at Colin Anderson center to some other
appropriate placement by the thirty-first day of December, one
thousand nine hundred ninety-six, the health care cost review authority is authorized and required to expedite any certificate
of need review of group homes or other facilities that are
necessitated as a direct result of the required closure of Colin
Anderson Center. For the purposes of this subsection only, the
health care cost review authority may decrease any time
limitations or other requirements set forth in section seven,
article two-d, chapter sixteen of this code:
Provided, That in
no event may the health care cost review authority fail to follow
any other provision of article two-d, chapter sixteen of this
code. The secretary of the department of health and human
resources shall provide the health care cost review authority
with a list of the applications that are to be expedited under
this subsection.
(i) The Legislature shall establish a subcommittee of the
joint committee on government and finance to monitor the
placement and care fo residents transferred from Colin Anderson
Center as a result of the provisions of this section. The
subcommittee shall monitor both state and federal moneys expended
as a result of the implementation of this section. The
subcommittee, upon approval by the joint committee and when the
terms of the visitation are in compliance with any applicable law
or regulation regarding confidentiality and privacy of the
residents, may visit any facility or placement location.