Introduced Version
House Bill 2510 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2510
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced February 15, 2013; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §9-2-9 of the Code of West Virginia,
1931, as amended, and to amend and reenact §24A-1-3 of said
code, all relating to creating a vendor transportation program
within the Department of Health and Human Resources to
transport Medicaid patients for nonemergency transportation
services; requiring that the Secretary of the Department of
Health and Human Resources report on the effectiveness of the
program to the Legislative Oversight Commission on Health and
Human Resources Accountability; exempting motor vehicles used
by, or on behalf of, the Department of Health and Human
Resources in connection with the vendor transportation program
from the jurisdiction of the Public Service Commission;
providing a safety and insurance exception to this exemption;
and making technical changes.
Be it enacted by the Legislature of West Virginia:
That §9-2-9 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, and that §24A-1-3 of said code be amended
and reenacted, all to read as follows:
CHAPTER 9. HUMAN SERVICES.
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-9. Secretary to develop medicaid monitoring and case
management.
(a) The Secretary of the Department of Health and Human
Resources shall:
(1) Develop a managed care system to monitor the services
provided by the Medicaid program to individual clients;
(2) Develop an independent referral service, including the
review of individual cases for abuses of the program; and
(3) Develop a schedule for implementation of the managed care
and independent referral system. The managed care system shall
focus on, but not be limited to, the behavioral health and mental
health services.
(b) In addition thereto, and in accordance with applicable
federal Medicaid laws, the secretary shall prepare recommendations,
to be submitted to the Joint Committee on Government and Finance.
In developing recommendations the secretary shall consider as
options the following:
(1) Review of Medicaid services which are optional under
federal Medicaid law and identification of services to be retained,
reduced or eliminated;
(2) The elimination, reduction or phase-out of: (i) Services
which are not generally available to West Virginia citizens not
covered under the state's Medicaid program; or (ii) services which
are not generally covered under group policies of insurance made
available to employees of employers within the state;
(3) The elimination or reduction of services, or reduction of
provider reimbursement rates, for identified services of marginal
utility;
(4) Higher reimbursement rates for primary and preventive
care;
(5) Changes in fee structure, which may include a system of
prospective payments, and may include establishment of global fees
for identified services or diagnoses including maternity care;
(6) Utilization caps for certain health care procedures;
(7) Restriction of coverage for cosmetic procedures;
(8) Identification of excessive use of certain health care
procedures by individuals and a policy to restrict excessive use;
(9) Identification of services which reduce the need for more
costly options for necessary care and retention or expansion of
those programs;
(10) Identification of services for which preauthorization is a requirement for medicaid reimbursement;
(11) Recommendations relating to the development of a
demonstration project on long-term care, which demonstration
project may be limited to patients with Alzheimer's disease;
(12) A policy concerning the department's procedures for
compliance, monitoring and inspection; and
(13) Such other options as may be developed.
(c) The secretary shall utilize in-state health care
facilities for inpatient treatment when such facilities are
available. Prior authorization, consistent with applicable federal
law, shall be required for out-of-state inpatient treatment.
(d) The secretary shall report to the Joint Committee on
Government and Finance on the development and implementation of
Medicaid programs that provide incentives to working persons. The
secretary shall consider: Subsidies for low income working
persons; individual or small employer buy-ins to the State Medicaid
Fund; prospective payment systems for primary care physicians in
underserved areas; and a system to improve monitoring of
collections, expenditures, service delivery and utilization.
(e) The secretary shall report quarterly to the Joint
Committee on Government and Finance regarding provider and facility
compliance with federal and state Medicaid laws, including, but not
limited to, the following: The number of inspections conducted
during the previous quarter; description of programs, services and facilities reviewed; findings; and recommendations for corrections.
(f) The secretary shall, upon federal certification of the
claims management system, ensure that the claims management system
processing Medicaid claims provides:
(1) Detailed quarterly financial reports to the Legislative
Oversight Commission on Health and Human Resources Accountability;
(2) A management reporting system no later than July 1, 2006;
and
(3) Specific utilization data by provider, member eligibility
groups and service no later than October 1, 2006.
(g) The secretary shall develop a vendor transportation
program for the transportation of Medicaid clients to covered
services pursuant to written agreements with contracted
transportation vendors. The secretary shall report to the
Legislative Oversight Commission on Health and Human Resources
Accountability one year after the implementation of the vendor
transportation program on the effectiveness of the use of
contracted transportation vendors, the impact on the state Medicaid
budget and the impact on public transit and emergency medical
transportation squads.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.
§24A-1-3. Exemptions from chapter.
The provisions of this chapter, except where specifically otherwise provided, do not apply to:
(1) Motor vehicles operated exclusively in the transportation
of United States mail or in the transportation of newspapers:
Provided, That the vehicles and their operators are subject to the
safety rules promulgated by the commission;
(2) Motor vehicles owned and operated by the United States of
America, the State of West Virginia or any county, municipality or
county board of education, urban mass transportation authority
established and maintained pursuant to article twenty-seven,
chapter eight of this code, or by any of their departments, and any
motor vehicles operated under a contract with a county board of
education exclusively for the transportation of children to and
from school or other legitimate transportation for the schools as
the commission may specifically authorize;
(3) Motor vehicles used exclusively in the transportation of
agricultural or horticultural products, livestock, poultry and
dairy products from the farm or orchard on which they are raised or
produced to markets, processing plants, packing houses, canneries,
railway shipping points and cold storage plants, and in the
transportation of agricultural or horticultural supplies to farms
or orchards where they are to be used: Provided, That the vehicles
that are exempted by this subdivision and are also operated by
common carriers by motor vehicle or contract carriers by motor
vehicle and their operators are subject to the safety and insurance rules promulgated by the commission;
(4) Motor vehicles used exclusively in the transportation of
human or animal excreta;
(5) Motor vehicles used exclusively in ambulance service or
duly chartered rescue squad service;
(6) Motor vehicles used exclusively for volunteer fire
department service;
(7) Motor vehicles used exclusively in the transportation of
coal from mining operations to loading facilities for further
shipment by rail or water carriers: Provided, That the vehicles
and their operators are subject to the safety rules promulgated by
the commission and the vehicles that are exempted by this
subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle and their operators
are subject to the insurance rules promulgated by the commission;
(8) Motor vehicles used by petroleum commission agents and oil
distributors solely for the transportation of petroleum products
and related automotive products when the transportation is
incidental to the business of selling the products: Provided, That
the vehicles and their operators are subject to the safety rules
promulgated by the commission and the vehicles that are exempted by
this subdivision and are also operated by common carriers by motor
vehicle or contract carriers by motor vehicle and their operators
are subject to the insurance rules promulgated by the commission;
(9) Motor vehicles owned, leased by or leased to any person
and used exclusively for the transportation of processed
source-separated recycled materials, generated by commercial,
institutional and industrial customers, transported free of charge
from the customers to a facility for further processing: Provided,
That the vehicles and their operators shall be are subject to the
safety rules promulgated by the commission and the vehicles that
are exempted by this subdivision and are also operated by common
carriers by motor vehicle or contract carriers by motor vehicle and
their operators are subject to the insurance rules promulgated by
the commission;
(10) Motor vehicles specifically preempted from state economic
regulation of intrastate motor carrier operations by the provisions
of 49 U.S.C. § 14501 as amended by Title I, Section 103 of the
federal "Interstate Commerce Commission Termination Act of 1995:"
Provided, That the vehicles and their operators are subject to the
safety regulations promulgated by the commission and the vehicles
that are exempted by this subdivision and are also operated by
common carriers by motor vehicle or contract carriers by motor
vehicle and their operators are subject to the insurance rules
promulgated by the commission;
(11) Motor vehicles designated by the West Virginia Bureau of
Senior Services for use and operation by local county aging
programs: Provided, That the vehicles and their operators are subject to the safety rules promulgated by the commission;
(12) Motor vehicles designated by the West Virginia Division
of Public Transit operated by organizations that receive federal
grants from the federal transit administration: Provided, That the
vehicles and their operators are subject to the safety and
insurance rules promulgated by the commission; and
__(13) Motor vehicles designated by the West Virginia Department
of Health and Human Resources, one or more of its bureaus, or its
contracted transportation vendors for use and operation solely to
transport Medicaid clients to covered services pursuant to the
vendor transportation program set forth in subsection (g), section
nine, article two, chapter nine of this code: Provided, That the
vehicles and their operators are subject to the safety and
insurance rules promulgated by the commission.
NOTE: The purpose of this bill is to create a Medicaid vendor
transportation program that exempts Department of Health and Human
Resources motor vehicles used solely to transport Medicaid clients
from the jurisdiction of the Public Service Commission. The bill
provides that those vehicles are subject to the commission's safety
and insurance rules. The program requires written agreements with
contracted transportation vendors. The bill also requires the
Secretary of the Department of Health and Human Resources to report
the effectiveness of the program to the Legislative Oversight
Commission on Health and Human Resources Accountability after one
year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.