H. B. 4006
(By Delegate Nichols)
[Introduced January 10, 1996; referred to the
Committee on Health and Human Resources.]
A BILL to amend and reenact section six, article two, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to granting subpoena powers
to the commissioner of the division of human services for
purposes of investigating acts subject to prosecution under
chapter.
Be it enacted by the Legislature of West Virginia:
That section six, article two, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE
OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES
AND RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of commissioner.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws and regulations,
the commissioner, in addition to all other powers, duties and
responsibilities granted and assigned to that office in this
chapter and elsewhere by law, is authorized and empowered to:
(1) Promulgate, amend, revise and rescind department rules
and regulations respecting the organization and government of the
department and the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter
and elsewhere by law to the department and the commissioner.
(2) Promulgate, amend, revise and rescind department rules
and regulations respecting qualifications for receiving the
different classes of welfare assistance consistent with or
permitted by federal laws, rules and regulations, but not
inconsistent with state law:
Provided, That such rules and
regulations respecting qualifications shall permit the
expenditure of state funds to pay for care rendered in any
birthing center licensed under the provisions of article two-e,
chapter sixteen of this code, by a licensed nurse midwife or
midwife as this occupation is defined in section one, article
fifteen, chapter thirty of this code, and which care is within
the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven, article fifteen of
said chapter thirty.
(3) Obtain by purchase or lease such grounds, buildings,
office or other space, equipment, facilities and services, as may
be necessary for the execution and administration of those
powers, duties and responsibilities granted and assigned by this
chapter and elsewhere by law to the department and the
commissioner.
(4) Sign and execute in the name of the state by the state
department of human services any contract or agreement with the
federal government or its agencies, other states, political
subdivisions of this state, corporations, associations,
partnerships or individuals.
(5) Establish such special funds as may be required by the
Federal Social Security Act, as amended, or by any other act or
acts of Congress, in order for this state to take full advantage
of the benefits and provisions thereof relating to the
federal-state assistance and federal assistance programs
administered by the department, and to make payments into and
disbursements out of any such special fund or funds in accordance
with the requirements of the Federal Social Security Act, as
amended, or any other act or acts of Congress, and in accordance
with applicable state law and the objects and purposes of this chapter. In addition, the state department of human services,
through the commissioner, is hereby authorized to accept any and
all gifts or grants, whether in money, land, services, or
materials, which gift or gifts, if in the form of moneys, shall
be placed in a separate fund and expended solely for the purpose
of welfare programs. No part of this special fund shall revert
to the general revenue funds of this state. No expenses incurred
pursuant to this special fund shall be a charge against the
general funds of this state.
(6) Establish, in addition to the state advisory board and
advisory council provided for in this chapter, such county
advisory boards as may in his judgment be necessary or desirable
to advise the department and the commissioner with respect to the
total welfare assistance program administered by the department
or any phase thereof, such additional board or boards to consist
of such number of persons, professional, lay, or both, and to
have such responsibilities of an advisory nature, as the
commissioner may determine. However, (1) the members of any such
additional board or boards shall not be compensated for their
services but shall be entitled to reimbursement for actual
expenses incurred in the performance of their duties as a member
of any such board; and (2) the members of any such additional
board or boards shall serve at the will and pleasure of the commissioner.
(7) Provide at department expense a program of continuing
professional, technical and specialized instruction for the
personnel of the department.
(8) Pay from available funds all or part of the reasonable
expenses incurred by a person newly employed by the department in
moving his household furniture, effects and immediate family from
his place of residence in this state to his place of employment
in this state; and to pay from available funds all or part of the
reasonable expenses incurred by a department employee in moving
his household furniture, effects and immediate family as a result
of a reassignment of the employee which is considered desirable,
advantageous to and in the best interests of the state, but no
part of the moving expenses of any one such employee shall be
paid more frequently than once in twelve months or for any
movement other than from one place of employment in this state to
another place of employment in this state.
(9) Establish and maintain such institutions as are
necessary for the temporary care, maintenance and training of
children and other persons.
(10) Prepare and submit state plans which will meet the
requirements of federal laws, rules and regulations governing
federal-state assistance and federal assistance and which are not inconsistent with state law.
(11) Organize within the department a board of review,
consisting of a chairman appointed by the commissioner and as
many assistants or employees of the department as may be
determined by the commissioner and as may be required by federal
laws, rules and regulations respecting state assistance,
federal-state assistance and federal assistance, such board of
review to have such powers of a review nature and such additional
powers as may be granted to it by the commissioner and as may be
required by federal laws, rules and regulations respecting
federal-state assistance and federal assistance.
(12) Provide by rules
and regulations such review and appeal
procedures within the department of human services as may be
required by applicable federal laws, rules and regulations
respecting state assistance, federal-state assistance and federal
assistance and as will provide applicants for, and recipients of,
all classes of welfare assistance an opportunity to be heard by
the board of review, a member thereof, or individuals designated
by said board, upon claims involving denial, reduction, closure,
delay, or other action or inaction pertaining to welfare
assistance.
(13) Provide by rules,
and regulations consistent with
requirements of applicable federal laws, rules and regulations, application forms and application procedures for the various
classes of welfare assistance.
(14) Provide locations for making applications for the
various classes of welfare assistance.
(15) Provide a citizen or group of citizens an opportunity
to file objections and to be heard upon objections to the grant
of any class of welfare assistance.
(16) Delegate to the personnel of the department all powers
and duties vested in the commissioner, except the power and
authority to sign contracts and agreements, but the commissioner
shall remain responsible therefor.
(17) Make such reports, in such form and containing such
information, as may be required by applicable federal laws, rules
and regulations respecting federal-state assistance and federal
assistance.
(18) Invoke any legal, equitable or special remedies for the
enforcement of the provisions of this chapter.
(19) When the commissioner or an employee of the division
designated by the commissioner has probable cause to believe that
a person has engaged in an act or activity which is subject to
prosecution under this chapter, to make an investigation to
determine if the act has been committed and to issue subpoenas
for witnesses and documents relevant to the investigation, including information concerning the existence, description,
nature, custody, condition and location of any book, record,
documents or other tangible thing and the identity and location
of persons having knowledge of relevant facts or any matter
reasonably calculated to lead to the discovery of admissible
evidence: Provided, That the division shall not make public the
name or identity of a person whose acts or conduct is
investigated pursuant to this subdivision or the facts disclosed
in such investigation except as the same may be used in any legal
action or enforcement proceeding brought pursuant to this article
or any other provision of this code. If documents necessary to
an investigation of the division shall appear to be located
outside the state, such documents shall be made available by the
person or entity within the jurisdiction of the state having
control over such documents either at a convenient location
within the state, or, upon payment of reasonable and necessary
expenses to the division for transportation and inspection, at
the place outside the state where such documents are maintained.
(20) Upon failure of a person to comply with a subpoena or
subpoena duces tecum or failure of a person to give testimony
without lawful excuse and upon reasonable notice to all persons
affected thereby, to apply to the circuit court of the county in which compliance is sought for appropriate orders to compel
obedience with the provisions of subdivision nineteen of this
section.
NOTE: The purpose of this bill is to give the commissioner
of the division of human services subpoena power.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.