ENROLLED
Senate Bill No. 767
(By Senators Snyder, Browning, Foster, Minard, Palumbo, Sypolt, White and
Williams)
____________
[Passed April 11, 2009; in effect from passage.]
_____________
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-9b; and to amend
and reenact
§9-4-3 of said code, all
relating to State
Medicaid Agency; exempting certain contracts for the Medicaid
program from the competitive bid process of the Division of
Purchasing; establishing procedures and requirements for
competitive bidding and the awarding of such contracts by the
Secretary of the Department of Health and Human Resources; and
adding two members to the advisory council of the State
Medicaid Agency.
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 §9-2-9b,; and that §9-
4-3 of said code be amended and reenacted, all to read as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE OF
COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-9b. Contract procedure for the Medicaid program.
(a) The secretary is authorized to execute a contract to
implement professional health care, managed care, actuarial and
health care-related monitoring, quality review/utilization, claims
processing and independent professional consultant contracts for
the Medicaid program.
(b) The provisions of article three, chapter five-a of this
code do not apply to contracts set out in subsection (a) of this
section: Provided, That the secretary shall comply with the
requirements set forth in this section.
(c) The secretary shall develop procedures and requirements
for competitive bidding and the awarding of contracts set out in
subsection (a) of this section, which procedures and requirements
shall include, but are not limited to, the following:
(1) Submitting public notice bids;
(2) The general terms and conditions for the contract;
(3) Awarding contracts;
(4) The description of the commodities and services required
for the contract, stated with sufficient clarity to assure that
there is a comprehensive understanding of the contract's scope and
requirements; and
(5) Contract management procedures which will ensure the
assessment of contractor performance and compliance with contract requirements on a regular basis as appropriate for the specific
contract and no less frequently than on an annual basis for any
contract awarded pursuant to the provisions of this section.
(d) The awarding of the contract may be based on:
(1) Best value;
(2) Low bid;
(3) Sole source; or
(4) Any other basis the secretary chooses to award or reject
the bid: Provided, That the secretary shall document the basis of
any decision made pursuant to the provisions of this subsection.
(e) The secretary may employ the services of independent
professional consultants to assist in preparing solicitations or
for the evaluation of any responses to such solicitations:
Provided, That the independent professional consultant, or member
of his or her immediate family, or business with which he or she is
associated may not have any interest in the profits or benefits of
the contract for which he or she may participate in the preparation
of the solicitation or in the evaluation of the response.
(f) The secretary may terminate any contract with thirty days'
prior written notice.
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY
COUNCIL; GENERAL RELIEF FUND.
§9-4-3. Advisory council.
(a) The advisory council, created by chapter one hundred forty-three, Acts of the Legislature, regular session, 1953, as an
advisory body to the State Medicaid Agency with respect to the
medical services fund and disbursements therefrom and to advise
about health and medical services, is continued so long as the
medical services fund remains in existence, and thereafter so long
as the State Medicaid Agency considers the advisory council to be
necessary or desirable, and it is organized as provided by this
section and applicable federal law and has those advisory powers
and duties as are granted and imposed by this section and elsewhere
by law.
(b) The advisory council shall consist of not less than nine
members, nor more than 15 members, all but four of whom shall be
appointed by the State Medicaid Agency and serve until replaced or
reappointed on a rotating basis.
(c)(1) The heads of the Bureau of Public Health and Bureau for
Medical Services are members ex officio.
(2) The cochairs of the Legislative Oversight Commission on
Health and Human Resources Accountability, or their designees, are
nonvoting ex officio members.
(3) The remaining members comprising the council consist of:
(A) One member of recognized ability in the field of medicine
and surgery with respect to whose appointment the State Medical
Association shall be afforded the opportunity of making nomination
of three qualified persons;
(B) One member of recognized ability in the field of dentistry
with respect to whose appointment the State Dental Association
shall be afforded the opportunity of nominating three qualified
persons;
(C) One member
chosen from a list of three persons nominated
by the West Virginia Primary Care Association;
(D) One member
chosen from a list of three persons nominated
by
the
Behavioral Health Providers Association of West Virginia
;
and
(E) The remaining members chosen from persons of recognized
ability in the fields of hospital administration, nursing and
allied professions and from consumers groups, including medicaid
recipients, members of the West Virginia Directors of Senior and
Community Services, labor unions, cooperatives and
consumer-sponsored prepaid group practices plans.
(d)
The council shall meet on call of the state Medicaid
Agency.
(e) Each member of the advisory council shall receive
reimbursement for reasonable and necessary travel expenses for each
day actually served in attendance at meetings of the council in
accordance with the state's travel regulations. Requisitions for
the expenses shall be accompanied by an itemized statement, which
shall be filed with the Auditor and preserved as a public record.
(f) The advisory council shall assist the State Medicaid Agency in the establishment of rules, standards and bylaws
necessary to carry out the provisions of this section and shall
serve as consultants to the State Medicaid Agency in carrying out
the provisions of this section.