Introduced Version
House Bill 2821 History
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H. B. 2821
(By Delegates P. White and Kiss
)
(Originating in the House Committee on Finance)
[March 31, 1993]
A BILL to amend and reenact section fifteen-a, article one,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
hospital services revenue account; and assessments to be
deposited therein.
Be it enacted by the Legislature of West Virginia:
That section fifteen-a, article one, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-15a. Hospital services revenue account; health facilities
long-range plans.
(a) On and after the first day of January, one thousand nine
hundred eighty-two, and subject Subject to the provisions set
forth in section two, article two, chapter twelve of this code,
there is established continued in the state treasury a separate
account which shall be designated the "hospital services revenue
account." The secretary of the department of health and humanresources director of health shall deposit promptly into the
account any fees received by a facility owned and operated by the
state health department of health and human resources from
whatever source including the federal government, state
government or other third-party payer or personal payment.
(b) A five-year health facilities long-range plan shall be
developed by the secretary director and shall be adopted by the
state board of health as regulation in accordance with chapters
sixteen and twenty-nine-a of this code. The health facilities
long-range plan shall be updated and revised at least every two
years.
(c) The secretary director is authorized to expend the
moneys deposited in the hospital services revenue account in
accordance with federal laws and regulations and with the laws of
this state as is necessary for the development of the five-year
health facilities long-range plan and subsequent revisions.
The secretary director is authorized to expend the moneys
deposited in the hospital services revenue account as provided
for in the health facilities long-range plan at such times and in
such amounts as the secretary director determines to be necessary
for the purpose of improving the delivery of health and mental
health services at state health and mental health facilities or
for the purpose of maintaining or obtaining certification at a
state health or mental health facility:
Provided,
That during
any fiscal year in which the secretary director anticipates
spending any money from such account, he or she shall submit to
the executive department during the budget preparation period
prior to the Legislature convening, before that fiscal year forinclusion in the executive budget document and budget bill, his
or her recommended capital investments, recommended priorities
and estimated costs, as well as requests of appropriations for
the purpose of improving the delivery of health and mental health
services or for the purpose of maintaining or obtaining
certification at a state health or mental health facility in such
amounts as the secretary director determines to be necessary for
the development of, and as provided for in, the five-year health
facilities long-range plan and subsequent revisions.
The secretary director shall make an annual report to the
Legislature on the status of the health services revenue account,
including the previous year's expenditures and projected
expenditures for the next year.
(d) Commencing on the first day of June, one thousand nine
hundred and ninety-three and continuing thereafter, the secretary
is hereby authorized to impose an advance assessment based upon
the units of service for mental illness and substance abuse
services provided at any licensed behavioral health center which
is authorized pursuant to section one, article two-a, chapter
twenty-seven of this code and operating in this state that is
also eligible to receive financial assistance through the state.
This assessment is authorized in order to defray the cost of
operating state owned and operated health facilities in this
state. The assessment may be imposed on a monthly basis. In no
event may the assessment exceed the amount necessary to refund
the amounts diverted to the licensed behavior health centers from
total funding for other health facilities owned and operated by
the state. The assessment shall be refunded on a monthly basisupon a determination by the secretary of the amount that the
licensed behavioral health center is eligible to receive in
financial assistance and that the granting of such refunds will
cause no negative budgetary impact on health facilities owned and
operated by the state. Within the limitations set forth in this
subsection, the secretary is to establish the amount of the
assessment, the manner in which it will be collected and the
manner in which refunds will be paid. The advance assessment
shall be deposited in the hospital services revenue account and
may be expended for the purpose of providing assistance to
behavioral health facilities that provide services eligible to
receive federal block grant monies for programs for the mentally
ill and substance abuse.