ENROLLED
Senate Bill No. 563
(By Senator Walker)
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[Passed March 11, 1995; in effect ninety days from passage.]
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AN ACT to amend and reenact sections four and five, article
twenty-nine-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as
amended; and to further amend said chapter by adding
thereto a new article, designated article twenty-nine-e,
all relating to the state health care and human services
programs generally, including, but not limited to,
terminating the uncompensated health care and medicaid
expenditures task force and transferring their duties to
the legislative oversight commission on health and human
resources accountability; creating a legislative oversight
commission on health and human resources accountability;
appointments; compensation and expenses; powers and duties; studies; and annual reports to the Legislature.
Be it enacted by the Legislature of West Virginia:
That sections four and five, article twenty-nine-c,
chapter sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said chapter be further amended by adding thereto a new
article, designated article twenty-nine-e, all to read as
follows:
ARTICLE 29C. INDIGENT CARE.
§16-29C-4. Legislative study; appointment of members;
expenses; reports; termination.
(a) Not later than the first day of June, one thousand
nine hundred eighty-five, the president of the Senate and
speaker of the House of Delegates of the West Virginia
Legislature shall appoint a legislative task force on
uncompensated health care and medicaid expenditures which shall
meet, study and make recommendations as herein provided.
(b) The task force shall be composed of three members of
the Senate appointed by the president from the membership of
the Senate standing committee on health and human resources,
three members of the House of Delegates appointed by the
speaker from the membership of the House of Delegates standing committee on health and human resources and a number of
citizens appointed jointly by the president and speaker which,
in their discretion, adequately provides for the appropriate
representation of the interests of the providers of health care
services, the providers of health care insurance, state
departments involved in the administration of health care and
health care related programs and the citizens of this state.
Of the members of the Senate appointed by the president, not
more than two shall be from the same political party. Of the
members of the House of Delegates appointed by the speaker, not
more than two shall be from the same political party.
(c) Members originally appointed to the task force shall
serve for terms beginning on the date of appointment and ending
on the thirtieth day of June, one thousand nine hundred ninety-
five, unless sooner replaced by the president or the speaker as
applicable, or, in the discretion of the president and the
speaker, unless the work of the task force is completed or the
need for the task force no longer exists prior to that date.
The task force shall cease to exist on the thirtieth day of
June, one thousand nine hundred ninety-five. The duties of the
task force, as defined in this section, shall be assumed by the
legislative oversight commission on health and human resources accountability created pursuant to the provisions of article
twenty-nine-e of this chapter.
(d) The task force shall meet on such dates as may be
approved by the joint committee on government and finance for
the regular meetings of its subcommittees unless approval is
first obtained from the joint committee on government and
finance for additional meetings. The task force shall conduct
studies on the amount of funds expended by hospitals and other
health care providers of this state for services to persons who
are unable to pay for those services and for which they receive
no other form of reimbursement, the extent to which persons in
this state forego needed medical services because of
insufficient income and assets to pay for those services, the
extent to which the state is maximizing available federal
programs and moneys in providing health care services to the
citizens of this state, the operation of the programs and funds
created by this article and the roles of the public, private
and private nonprofit sectors in providing health care services
to the citizens of this state. The task force shall also study
the state medicaid program in order to determine if the state
medicaid agency, as the payor of last resort, is expending
maximum effort to identify alternate private insurance resources for medicaid beneficiaries and shall study the
feasibility and financial impact upon the state of assuring
increased access to medicaid beneficiaries to primary health
care in the nonhospital setting by requiring enrollment in a
primary care clinic program, if available, and of the
establishment of different and lesser schedules of payment for
primary health services delivered by a hospital emergency room
as compared to the schedule of payments for emergency room
services of a true medical emergency nature.
(e) The task force shall file an interim report with the
joint committee on government and finance and the Legislature
on the date of the last meeting of the joint committee on
government and finance prior to commencement of the regular
session of the Legislature in each year before the final report
of the task force is filed with the joint committee on
government and finance and the Legislature on or before the
thirtieth day of June, one thousand nine hundred ninety-five.
(f) The members of the task force shall be entitled to
compensation at the rate authorized for members of the
Legislature participating in legislative interim meetings and
to reimbursement for reasonable and necessary expenses actually
incurred in attending meetings of the task force, except that any employee of the state appointed to the task force is not
entitled to such compensation. Funds necessary for the work of
the task force shall be paid from joint appropriations to the
Senate and House of Delegates but no such funds shall be spent
or obligations incurred in the conduct of such work without
prior approval of the joint committee on government and
finance.
§16-29C-5. Effective date and termination date.
This article shall be effective from passage and,
notwithstanding the provisions of section four of this article,
shall terminate on the thirtieth day of June, one thousand nine
hundred ninety-five.
ARTICLE 29E. LEGISLATIVE OVERSIGHT COMMISSION ON HEALTH AND
HUMAN RESOURCES ACCOUNTABILITY.
§16-29E-1. Findings and purpose.
The Legislature hereby finds and declares that:
(1) A crisis exists in the funding of health and social
programs of this state;
(2) These programs exist to provide federal and state
supported services to citizens in need;
(3) The health and well-being of these citizens is
jeopardized when uncontrolled growth in various programs uses a disproportionate share of the available funding;
(4) State programs are often developed and implemented
with limited private or federal grant moneys, which require
future funding from the limited state resources; and
(5) The problem is exacerbated when various state agencies
make competing or conflicting policy decisions.
§16-29E-2. Legislative intent.
It is the intent of the Legislature that all actions taken
pursuant to the provisions of this article by the Legislature
and the various agencies within the department of health and
human resources serve the following core set of principles:
(1) That all health and social programs offered under
state authority be coordinated to maximize efficiencies and
minimize competition within the various agencies thereby
addressing the needs of the citizens more effectively;
(2) That communication be facilitated among the various
agencies within the department of health and human resources
and between the department and the Legislature;
(3) That policy changes, not made by legislative rule, be
discussed with the commission for purposes of coordinating
those policies with existing programs and stated goals;
(4) That programs or policies implemented in accordance with federal mandates be communicated to the commission;
(5) That in developing and implementing programs with
private or federal grant moneys, the various agencies
communicate their efforts to the commission to ensure and
facilitate future state funding; and
(6) That agencies previously exempted from rule-making
review by federal or state statutes advise the commission of
program changes which may affect the health and well-being of
the citizens of West Virginia.
§16-29E-3. Definitions.
As used in this article:
(a) "Agency" means those various agencies, authorities,
boards, committees, commissions or departments of the
department of health and human resources with authority to
promulgate legislative rules pursuant to this chapter that
regulate health care providers, practitioners or consumers; or
those offering social services programs;
(b) "Commission" means the legislative oversight
commission on health and human resources accountability; and
(c) "Department" means the department of health and human
resources.
§16-29E-4. Creation of a legislative oversight commission on health and human resources accountability.
(a) There is hereby created a joint commission of the
Legislature known as the legislative oversight commission on
health and human resources accountability. The commission
shall be composed of six members of the Senate appointed by the
president of the Senate and six members of the House of
Delegates appointed by the speaker of the House of Delegates.
No more than five of the six members appointed by the president
of the Senate and the speaker of the House of Delegates,
respectively, may be members of the same political party. In
addition, the president of the Senate and speaker of the House
of Delegates shall be ex officio nonvoting members of the
commission and shall designate the cochairpersons. At least
one of the Senate appointees and one of the House of Delegates
appointees shall be the chairperson of the committee on health
and human resources of the Senate and House of Delegates,
respectively, and at least one of the Senate appointees and at
least one of the House of Delegates appointees shall be a
member of the committee on finance of the Senate and House of
Delegates, respectively. The members shall serve until their
successors shall have been appointed as heretofore provided.
(b) Members of the commission shall receive such compensation and expenses as provided in article two-a, chapter
four of this code. Such expenses and all other expenses
including those incurred in the employment of legal, technical,
investigative, clerical, stenographic, advisory and other
personnel shall be paid from an appropriation to be made
expressly for the legislative oversight commission on health
and human resources accountability:
Provided, That if no such
appropriation be made, such expenses shall be paid from the
appropriation under "Fund No. 0175 for Joint Expenses" created
pursuant to the provisions of said chapter:
Provided, however,
That no expense of any kind payable under the account for joint
expenses shall be incurred unless first approved by the joint
committee on government and finance.
(c) The commission shall meet at any time both during
sessions of the Legislature and in the interim or as often as
may be necessary.
§16-29E-5. Powers and duties of commission.
(a) The powers, duties and responsibilities of the
commission shall include the following:
(1) Make a continuing investigation, study and review of
the practices, policies and procedures of the health care and
social services agencies in this state;
(2) Make a continuing investigation, study and review of
all matters related to health and social policy in the state;
(3) Review program development by the various agencies of
the department of health and human resources if those programs
impact the physical, emotional or social well-being of the
citizens of West Virginia;
(4) Conduct studies on:
(A) The amount of funds expended by hospitals and other
health care providers of this state for services to persons who
are unable to pay for those services and for which they receive
no other form of reimbursement;
(B) The extent to which persons in this state forego
needed medical services because of insufficient income and
assets to pay for those services;
(C) The extent to which the state is maximizing available
federal programs and moneys in providing health care services
to the citizens of this state;
(D) The operation of the programs and funds created by
article twenty-nine-c of this chapter; and
(E) The roles of the public, private and private nonprofit
sectors in providing health care services to the citizens of
this state;
(5) Review and study the state medicaid program in order
to determine if the state medicaid agency, as the payor of last
resort, is expending maximum effort to identify alternate
private insurance resources for medicaid beneficiaries;
(6) Review and study the feasibility and financial impact
upon the state of assuring increased access to medicaid
beneficiaries to primary health care in the nonhospital setting
by requiring enrollment in a primary care clinic program, if
available;
(7) Review and study the feasibility and financial impact
upon the state of the establishment of different and lesser
schedules of payment for primary health services delivered by
a hospital emergency room as compared to the schedule of
payments for emergency room services of a true medical
emergency nature;
(8) Conduct a study on the effects of rural health
networks, including effects on the quality, cost and
availability of care; and
(9) Meet jointly with the advisory committee created in
article thirty-five of this chapter to determine methods for
coordinating the collection and analysis of health care
information within the state, including the development of health information systems that will allow for the electronic
transmittal of data and access by the various agencies of
government.
(b) The commission shall make annual reports to the
Legislature regarding the results of all investigations,
studies and reviews pursuant to the provisions of section seven
of this article.
§16-29E-6. Examination and subpoena powers; contempt
proceedings.
(a) For purposes of carrying out its duties, the
commission is hereby empowered and authorized to examine
witnesses and to subpoena such persons and books, records,
documents, papers or any other tangible things as it believes
should be examined to make a complete investigation.
(b) All witnesses appearing before the commission under
subpoena shall testify under oath or affirmation. Any member
of the commission may administer oaths or affirmations to such
witnesses.
(c) To compel the attendance of witnesses at such hearings
or the production of any books, records, documents, papers or
any other tangible thing, the commission is hereby empowered
and authorized to issue subpoenas, signed by one of the cochairpersons, in accordance with section five, article one,
chapter four of this code. Such subpoenas shall be served by
any person authorized by law to serve and execute legal process
and service shall be made without charge. Witnesses subpoenaed
to attend hearings shall be allowed the same mileage and per
diem as is allowed witnesses before any petit jury in this
state.
(d) If any person subpoenaed to appear at any hearing
shall refuse to appear or to answer inquiries there propounded,
or shall fail or refuse to produce books, records, documents,
papers or any other tangible thing within his control when the
same are demanded, the commission shall report the facts to the
circuit court of Kanawha County or any other court of competent
jurisdiction and such court may compel obedience to the
subpoena as though such subpoena had been issued by such court
in the first instance.
§16-29E-7. Legislative reports.
(a) The commission shall submit annual reports to the
Legislature, as required by the provisions of section five of
this article, which such reports shall describe and evaluate in
a concise manner:
(1) The major activities of the several health and human resources agencies for the fiscal year immediately past,
including important policy decisions reached on initiatives
undertaken during that year, especially as such activities,
decisions and initiatives relate to:
(A) The implementation of health care or social services
programs;
(B) Improving the accessibility of appropriate health care
in all areas of this state;
(C) Improving the health status of the citizens of this
state; and
(D) Coordinating social services programs to reflect a
cohesive delivery of transitional services.
(2) Other information considered by the commission to be
important, including recommendations for statutory, fiscal or
policy reforms and reasons for such recommendations.
(b) The reports may specify in what manner any practice,
policy or procedure may or should be modified to satisfy the
goal of efficient and effective delivery of health and social
services programs and to improve the quality of health and
social services available in this state.