COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 341
(By Senators
Minard, Fanning, Prezioso,
Unger, Boley and Minear
)
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[Originating in the Committee on the Judiciary;
reported March 23, 2005.]
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A BILL to amend and reenact article 5, chapter 64 of the Code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the Legislative Rule-Making Review Committee and as amended
by the Legislature; authorizing Health Care Authority to
promulgate a legislative rule relating to benchmarking and
discount contracts; authorizing Department of Health and
Human Resources to promulgate a legislative rule relating to
implementation of Omnibus Health Care Act; authorizing
Department of Health and Human Resources to promulgate a
legislative rule relating to implementation of Omnibus Health
Care Act payment provisions; authorizing Department of Health
and Human Resources and Insurance Commissioner to promulgate
a legislative rule relating to uniform credentialing of health
care practitioners; authorizing Department of Health and Human
Resources to promulgate a legislative rule relating to methods
and standards for chemical test for intoxication; and
authorizing Department of Health and Human Resources to
promulgate a legislative rule relating to Grade "A" pasturized
milk.
Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Health Care Authority.
The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section eight, article twenty-nine-b, chapter sixteen
of this code modified by the Health Care Authority to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourteenth day of February,
two thousand five, relating to the Health Care Authority
(benchmarking and discount contracts, 65 CSR 26) is authorized.
§64-5-2. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section seven, article twenty-nine-d, chapter sixteen
of this code modified by the Department of Health and Human
Resources to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the fifteenth
day of December, two thousand four, relating to the Department of
Health and Human Resources (implementation of the Omnibus Health
Care Act, 69 CSR 2) is authorized,
with the following amendment:
On page one, subsection 1.1., line six, by striking out the
words "Division of Workers' Compensation" and inserting in lieu
thereof the words "Workers' Compensation Commissioner";
On page one, subsection 1.1, line ten, after the words "and
the" by inserting the words "University of West Virginia", and by striking out the words "which has responsibility for" and inserting
in lieu thereof the word "and";
And,
On page four, section 5, by striking out "5.1." and the words
"as a matter of law as set forth in the Act", and, after the word
"pursuant" by striking out the words "the Act" and inserting in
lieu thereof the words "W. Va. Code §16-29D-4".
(b) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section seven, article twenty-nine-d, chapter sixteen
of this code modified by the Department of Health and Human
Resources to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on the fifteenth
day of December, two thousand four, relating to the Department of
Health and Human Resources (implementation of the Omnibus Health
Care Act payment provisions, 69 CSR 3) is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section two, article one-a, chapter sixteen of this
code modified by the Department of Health and Human Resources and
the Insurance Commissioner to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the twenty-first day of December, two thousand four,
relating to the Department of Health and Human Resources and the Insurance Commissioner (uniform credentialing of health care
practitioners, 64 CSR 89) is authorized.
(d) The legislative rule filed in the State Register on the
twenty-third day of April, two thousand four, under the authority
of section four, article one, chapter sixteen of this code modified
by the Department of Health and Human Resources to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-fifth day of January,
two thousand five, relating to the Department of Health and Human
Resources (methods and standards for chemical tests for
intoxication, 64 CSR 10) is authorized.
(e) The legislative rule filed in the State Register on the
twenty-seventh day of August, two thousand four, under the
authority of section five, article seven, chapter sixteen of this
code modified by the Department of Health and Human Resources to
meet the objections of the Legislative Rule-Making Review Committee
and refiled in the State Register on the twenty-first day of
December, two thousand four, relating to the Department of Health
and Human Resources (Grade "A" pasturized milk, 64 CSR 34) is
authorized.