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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.
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