SB300 HFA Summers 2-2 #2
CR 3338
Delegate Summers moved to amend the bill on page 8, by inserting the following:
(a) It is the intent of the Legislature to devolve the functions of the Department of Health and Human Resources into three new and separate departments of the executive branch as provided in this Act over a period of transition that concludes with the termination of the Department of Health and Human Resources. It is the intent of the Legislature that the provisions of this Act be construed to achieve the restructuring and reallocation of the powers, duties and functions of the Department of Health and Human Resources to the three new departments created in this section in an orderly manner designed to maintain the delivery of services that have heretofore been provided by the Department of Health and Human Resources by the new departments during the transition and beyond the termination of the Department of Health and Human Resources without disruption and to streamline and, where possible, to share administrative and operative expenses where common to each of the new departments. To that end, the Secretary of the Department of Health and Human Resources, the Secretary of the Department of Human Services, the Secretary of the Department of Health and the Secretary of the Department of Health Facilities shall enter into a memorandum of understanding to effect the provisions of this Act that shall, at a minimum, create a Office of Shared Administration mutually administered by the secretaries that shall coordinate efforts with the Department of Administration to maximize efficiencies and function of services in an effort to contain expenses within the Department of Human Services, the Department of Health and the Department of Health Facilities. The Office of Shared Administration shall implement a plan to maximize function and efficiency administrative services for the purpose of streamlining administrative services and reducing expenses within the departments. The Office of Shared Administration shall complete implementation by June 30, 2024, and shall provide quarterly updates to the Legislative Oversight Commission on Health and Human Resources Accountability.
(b) (1) The Department of Human Services created under §5F-1-2 of this code beginning January 1, 2024, is a separate and distinct department of the executive branch. Beginning January 1, 2024, The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are transferred to, incorporated in and administered as a part of the Department of Human Services:
(A) (1) Bureau for Social Services;
(B) (2) Bureau for Medical Services;
(C) (3) Bureau for Child Support Enforcement;
(D) (4) Bureau for Family Assistance;
(E) (5) Bureau for Behavioral Health; and
(F) (6) Any other agency or entity hereinafter established within the Department of Human Services by an act of the Legislature.
(2) Beginning January 1, 2024, when, as used in this code, it appears from the context of the terms “Department of Health and Human Resources” or “department” in lieu thereof that the term refers to the entity exercising the powers or duties of the entities specified in subdivision (1) of this subsection, those terms shall mean the Department of Human Services.
(c) (1) The Department of Health created under §5F-1-2 of this code beginning January 1, 2024, is a separate and distinct department of the executive branch. Beginning January 1, 2024, The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are transferred to, incorporated in and administered as a part of the Department of Health:
(A) Bureau for Public Health;
(B) Office of Emergency Medical Services;
(C) Office of the Chief Medical Examiner;
(D) Center for Threat Preparedness;
(E) Health Care Authority; and
(F) Office of the Inspector General, which shall include:
(i) Office of Health Facility Licensure and Certification;
(ii) Board of Review;
(iii) Foster Care Ombudsman;
(iv) Olmstead Office;
(v) Investigations and Fraud Management;
(vi) Quality Control;
(vii) Mental Health Ombudsman;
(viii) WV Clearance for Access: Registry and Employment Screening; and
(ix) Human Rights Commission; and
(F) Any other agency or entity hereinafter established within the Department of Health by an act of the Legislature.
(2) The Office of the Inspector General is a separate and autonomous agency within the Department of Health as provided in §16B-2-1. The following agencies and boards, including all of the allied, advisory, affiliated, or related entities and funds associated with any agency or board, are transferred to, incorporated in and administered as a part of the Office of the Inspector General. The Office of the Inspector General, shall include:
(A) Office of Health Facility Licensure and Certification;
(B) Board of Review;
(C) Foster Care Ombudsman;
(D) Olmstead Office;
(E) Investigations and Fraud Management;
(F) Quality Control;
(G) Mental Health Ombudsman;
(H) WV Clearance for Access: Registry and Employment Screening; and
(I) Human Rights Commission.
Beginning January 1, 2024, when, as used in this code, it appears from the context of the terms “Department of Health and Human Resources” or “department” in lieu thereof that the term refers to the entity exercising the powers or duties of the entities specified in subdivision (1) of this subsection, those terms shall mean the Department of Health.
(d) (1) The Department of Health Facilities created under §5F-1-2 of this code beginning January 1, 2024, is a separate and distinct department of the executive branch. Beginning January 1, 2024, The following state facilities, including all of the allied, advisory, affiliated, or related entities and funds associated with any state facility, are transferred to, incorporated in and administered as a part of the Department of Health Facilities:
(A) (1) Hopemont Hospital;
(B) (2) Jackie Withrow Hospital;
(C) (3) John Manchin, Sr. Health Care Center;
(D) (4) Lakin Hospital;
(E) (5) Mildred Mitchell-Bateman Hospital;
(F) (6) Welch Community Hospital;
(G) (7) William R. Sharpe Jr. Hospital; and
(H) (8) Any other agency or entity hereinafter established within the Department of Health Facilities by an act of the Legislature.
(2) Beginning January 1, 2024, when, as used in this code, it appears from the context of the terms “Department of Health and Human Resources” or “department” in lieu thereof that the term refers to the entity exercising the powers or duties of the entities specified in subdivision (1) of this subsection, those terms shall mean the Department of Health Facilities.
(3) Notwithstanding any other provision of this code to the contrary, before December 1, 2023, the Department of Health and Human Resources shall create and present to the Legislative Oversight Commission on Health and Human Resources Accountability a long-term sustainability plan for each state health facility.
(e) Any secretary may recommend that a bureau, office, board, commission or other state entity be included or excluded from the organization of the departments created in this section to the Joint Committee on Government and Finance and the Legislative Commission on Health and Human Resources Accountability.
(f) Except for powers, authority, and duties that have been delegated to the secretaries of the departments created under this section and §5F-2-2 of this code, the position of administrator and the powers, authority, and duties of each administrator and agency are not affected by this act.
(g) Except for powers, authority, and duties that have been delegated to the secretaries of the departments under this section and §5F-2-2 of this code, the existence, powers, authority, and duties of boards, commissions and councils and the membership, terms, and qualifications of members of the boards, commissions and councils are not affected by this act. All boards, commissions and councils that are appellate bodies or are independent decision makers may not have their appellate or independent decision-making status affected by this act.
(h) Nothing in this section extends the powers of department secretaries to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.
And,
On page 27, line 10, after the word, "Governor," by inserting the words, "within 90 days of a vacancy,";
And,
On page 28, line 28, by striking the words, "not to exceed $175,000." and inserting in lieu thereof the words, "as provided in the budget.";
And,
On page 29, line 41, after the word, "Unit" by inserting the words, "within the Office of the Attorney General";
And,
On page 31, line, 114, after the word, "Governor," by inserting the words, "within 90 days of a vacancy,";
And,
On page 31, line, 118, after the word, "Governor," by inserting the words, "within 90 days of a vacancy,";
And,
On page 32, line, 120, by inserting a new subsection (w), to read as follows:
"(w) The Inspector General, the Director of The Office of Health Facility Licensure and Certification and the Director of the Investigations and Fraud Management may not be the same person.";
And,
On page 32, by striking §16B-2-2 in its entirety and inserting in lieu thereof a new §16B-2-2 to read as follows:
(a) The Board of Review shall provide a fair, impartial, and expeditious grievance and appeal process to applicants or recipients of assistance as defined in §9-1-2 et seq. of this code and to all parties of contested cases arising under §29A-5-1 et seq..
(b) The Bureau of Medical Services shall provide a fair, impartial, and expeditious grievance and appeal process to providers of Medicaid services.
(c) Any party adversely affected or aggrieved by a final decision or order of the board or the bureau may seek judicial review of that decision by filing an appeal to the Intermediate Court of Appeals as provided in §29A-5-4 et seq. of this code.
(d) The process established by this section is the exclusive remedy for judicial review of final decisions of the Board of Review and the Bureau for Medical Services."
And,
On page 32, by striking §16B-2-3 in its entirety and inserting in lieu thereof a new §16B-2-3 to read as follows:
(a) The Inspector General and the Chair of the Board of Review may subpoena witnesses, papers, records, documents and any other information or data it considers necessary for its determination. They shall issue all subpoenas and subpoenas duces tecum in the name of the appropriate entity.
(b) Requests for subpoenas and subpoenas duces tecum shall be in writing and shall contain a statement acknowledging that the requesting party agrees to pay all fees for the attendance and travel of witnesses.
(c) A subpoena or subpoena duces tecum issued at the request of an entity shall be served by the party at least five days before the return date, either by personal service by a person over 18 years of age or by registered or certified mail, return receipt requested. If service is by mail, the five-day notice period shall not begin until the date the person or entity receives the subpoena or subpoena duces tecum.
(d) Fees for the attendance of witnesses are the same as for witnesses before the circuit court of this State and shall be paid by the party requesting the issuance of the subpoena or subpoena duces tecum.
(e) In any case of disobedience or neglect of any subpoena or subpoena duces tecum, or any refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the issuing entity may apply to the Circuit Court of Kanawha County, and the court shall compel obedience through the same manner as a subpoena or subpoena duces tecum is enforced in Kanawha County Circuit Court."
And,
On page 292, section 6, line 2, by striking, "Department of Human Services" and inserting in lieu thereof, "Department of Health Facilities"
And,
On page 293, section 6, lines 20-21, by striking, "Department of Health and Human Resources" and inserting in lieu thereof, "Department of Health Facilities";
And,
On page 294, by striking the section heading for, §27-9-1, and inserting a new section heading to read as follows: "§27-9-1. License; regulations.";
And,
On page 300, section 3, line 10, by striking the word, "secretary" and inserting the words, "Inspector General".
Adopted
Rejected
Adopted
Rejected