H. B. 4304
(By Delegates Beane, Ennis, Hatfield, Yeager,
Blair, Frich and Schoen)
(Originating in the Committee on Government Organization)
[February 4, 2004]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-16B-4a; and to
amend and reenact §5-16B-8 of said code, all relating to
continuation of the children's health insurance board.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5-16B-4a; and that §5-
16B-8 of said code be amended and reenacted, all to read as
follows:
ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
§5-16B-4a. Continuation of children's health insurance board.
The children's health insurance board shall continue to exist,
pursuant to the provisions of article ten, chapter four of this
code, until the first day of July, two thousand seven, unless
sooner terminated, continued or reestablished pursuant to the provisions of that article.
§5-16B-8. Termination and reauthorization.
(a) The program established in this article abrogates and
shall be of no further force and effect, without further action by
the Legislature, upon the occurrence of any of the following:
(1) The date of entry of a final judgment or order by a court
of competent jurisdiction which disallows the program;
(2) The effective date of any reduction in annual federal
funding levels below the amounts allocated and/or projected in
Title XXI of the Social Security Act of 1997; or
(3) The effective date of any federal rule or regulation
negating the purposes or effect of this article.
(4) For purposes of subdivisions (2) and (3) of this
subsection, if a later effective date for such reduction or
negation is specified, such date will control.
(b) Pursuant to the provisions of article ten, chapter four of
this code, the board shall terminate on the first day of July, two
thousand four, unless extended by legislation enacted before the
termination date.
(c) (b) Upon termination of the board and notwithstanding any
provisions to the contrary, the director may change the levels of
costs to covered families only in accordance with rules proposed to
the Legislature pursuant to the provisions of chapter twenty-nine-a
of this code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Section four-a is new; therefore strike-throughs and
underscoring have been omitted.
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