HB2428 H DA AM #1

CR 3338


The Committee on Prevention and Treatment of Substance Abuse moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-53-1 and §16-53-2, all to read as follows:   

ARTICLE 53. Establishing Additional Substance AbUse TREATMENT Facilities.

§16-53-1. Establishment of substance abuse treatment facilities.

(a) The Secretary of the Department of Health and Human Resources shall ensure that, prior to July 1, 2018, an additional six hundred treatment beds are made available in locations throughout the state which the Bureau for Behavioral Health and Health Facilities determines to be the highest priority for serving the needs of the citizens of the state. 

(b) The secretary shall identify and provide the beds to privately owned facility to provide substance abuse treatment services.

(c) The facility shall:

(1) Give preference to West Virginia residents;

(2) Accept patients covered by Medicaid;

(3) Offer long term treatment, based upon need, of up to one year; and

(4) Work closely with the Adult Drug Court Program, provided for in article fifteen, chapter sixty-two of this code.

(d) Any facility that is established pursuant to this article must be licensed by this state to provide addiction and substance abuse services.

§16-53-2.  Establishing the “DHHR Special Revenue Trust Account.”

(a) Expenditures from the “DHHR Special Revenue Trust Account”, established pursuant to settlement agreement in Boone County Civil Action No. 12-C-141, are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter twelve of this code.  Expenditures from the fund shall be for the purposes set forth in section one of this article.

(b) The fund shall be comprised of monies received in accordance with the settlement agreement in Boone County Civil Action No. 12-C-141 and may be comprised of moneys appropriated to the fund by the Legislature, allocated to the fund by the federal government and all other sums designated for deposit in the fund from any source, public or private.