WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 832
By Senators Tarr and Phillips [Introduced on February 16, 2024; referred to the Committee on the Judiciary]
 Intr SB 2024R3927
1 A BILL to amend and reenact §49-4-108 of the Code of West Virginia, 1931, as amended, relating
2 to removing the option for courts to order services at a higher rate than Medicaid.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. COURT ACTIONS.
Part I. General Provisions.
§49-4-108. Payment of services.
1 (a) At any time during any proceedings brought pursuant to this chapter, the court may
2 upon its own motion, or upon a motion of any party, order the Department of Human Services to
3 pay the Medicaid rates for professional services rendered by a health care professional to a child
4 or other party to the proceedings. Professional services include, but are not limited to, treatment,
5 therapy, counseling, evaluation, report preparation, consultation and preparation of expert
6 testimony. A health care professional shall be paid by the Department of Human Services upon
7 completion of services and submission of a final report or other information and documentation as
8 required by the policies implemented by the Department of Human Services. Provided, That if the
9 service is covered by Medicaid and the service is not provided within 30 days, the court may order
10 the service to be provided by a provider at a rate higher than the Medicaid rate. The department
11 may object and request to be heard, after which the court shall issue findings of fact and
12 conclusions of law supporting its decision
13 (b) At any time during any proceeding brought pursuant to this chapter, the court may upon
14 its own motion, or upon a motion of any party, order the Department of Human Services to pay for
15 socially necessary services rendered by an entity who has agreed to comply with §9-2-6(21) of this
16 code. The Department of Human Services shall set the reimbursement rates for the socially
17 necessary services. Provided, That if services are not provided within 30 days, the court may order
18 a service to be provided by a provider at a rate higher than the department established rate. The
19 department may object and request to be heard, after which the court shall issue findings of fact
1
 Intr SB 2024R3927
20 and conclusions of law supporting its decision NOTE: The purpose of this bill is to remove the option for courts to order services at a higher rate than Medicaid.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 49-4-108