The bill amends and reenacts section 11-27-38 of the Code of West Virginia, 1931, to designate a psychiatric hospital that treats exclusively civil and forensic patients as a state-designated hospital. This designation is significant for the purposes of the tax imposed on certain eligible acute care hospitals. The bill specifies that, following approval by the Centers for Medicare and Medicaid Services (CMS) of a state plan amendment, the term "eligible hospital" will include any inpatient or outpatient hospital in the state that is not state-owned or state-designated. Additionally, a licensed psychiatric hospital with a patient mix of over 95% court-ordered forensic and civil involuntary commitments will qualify as a "state-designated facility."

The bill also establishes a special revenue account known as the Medicaid State Share Fund, into which taxes collected under this section will be deposited. It outlines the conditions under which the imposition and collection of these taxes may be suspended, such as actions by Congress or state decisions that disqualify the taxes from counting toward state Medicaid funds. Furthermore, any remaining funds in the Eligible Facility Directed Payment Program Enhancement Account at the end of each fiscal year will be transferred to the West Virginia Medical Services Fund for use at the discretion of the Bureau for Medical Services.

Statutes affected:
Introduced Version: 11-27-38
Committee Substitute: 11-27-38
Enrolled Committee Substitute: 11-27-38