WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced Senate Bill 273 FISCAL
NOTE
By Senators Trump, Woelfel, Plymale, and Rucker [Introduced January 18, 2023; referred to the Committee on Health and Human Resources;
and then to the Committee on Finance]
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1 A BILL to amend and reenact §9-2-6 of the Code of West Virginia, 1931, as amended; to amend
2 and reenact §9-6-11 of said code; to amend and reenact §49-1-106 of said code; to amend
3 and reenact §49-1-208 of said code; to amend and reenact §49-2-101 of said code; to
4 amend and reenact §49-2-102 of said code; and to amend said code by adding thereto a
5 new article, designated §49-10-101 and §49-10-102, all relating to child welfare; defining
6 terms; deleting requirement providing allocation child protective workers annually by
7 district; requiring the department to have a redundant system in the event of a centralized
8 intake outage; setting forth requirements for redundancy system; setting date system shall
9 be operational; requiring reporting regarding the description of system, date system
10 becomes operation, and an explanation calls to centralized intake when unanswered if
11 department contends it has existing redundant system; requiring reporting of statistical
12 information; designating Bureau for Social Services as the Bureau with the Department of
13 Health and Human Resources to administer the child welfare services in the state;
14 designating the Bureau for Social Services as the Bureau to cooperate with the United
15 States Department of Health and Human Services and Department of Justice in extending
16 and improving child welfare services in West Virginia; establishing the Bureau for Social
17 Services under the Department of Health and Human Resources; creating the office of the
18 commissioner; setting forth duties of the commissioner; setting forth organization of the
19 office; setting forth right of commissioner to supervise and hire staff; providing the
20 commissioner shall allocate child protective service workers in counties to the county
21 based upon population on the 2020 Census; providing that the Bureau for Social Services
22 shall develop a merit based system for specified employees, providing the merit based
23 system shall be subject to the grievance process, except that there is no grievance
24 available for the same classification description impacted by regional pay disparities;
25 providing for effective date; and providing for emergency and legislative rulemaking.
Be it enacted by the Legislature of West Virginia:
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CHAPTER 9. HUMAN SERVICES.
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of secretary.
1 (a) Within limits of state appropriations and federal grants and subject to provisions of state
2 and federal laws and regulations, the secretary, in addition to all other powers, duties, and
3 responsibilities granted and assigned to that office in this chapter and elsewhere by law, may:
4 (1) Promulgate, amend, revise, and rescind department rules respecting the organization
5 and government of the department and the execution and administration of those powers, duties,
6 and responsibilities granted and assigned by this chapter and elsewhere by law to the department
7 and the secretary.
8 (2) Promulgate, amend, revise, and rescind department rules and regulations respecting
9 qualifications for receiving the different classes of welfare assistance consistent with or permitted
10 by federal laws, rules, and policies, but not inconsistent with state law: Provided, That rules and
11 policies respecting qualifications shall permit the expenditure of state funds to pay for care
12 rendered in any birthing center licensed under the provisions of §16-2E-1 et seq. of this code by a
13 licensed nurse midwife or midwife as this occupation is defined in §30-15-7 of this code and which
14 care is within the scope of duties for such licensed nurse midwife or midwife as permitted by §30-
15 15-7 of this code.
16 (3) Obtain by purchase or lease grounds, buildings, office, or other space, equipment,
17 facilities, and services as may be necessary for the execution and administration of those powers,
18 duties, and responsibilities granted and assigned by this chapter and elsewhere by law to the
19 department and the secretary.
20 (4) Sign and execute in the name of the state by the Department of Health and Human
21 Resources any contract or agreement with the federal government or its agencies, other states,
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22 political subdivisions of this state, corporations, associations, partnerships, or individuals:
23 Provided, That the provisions of §5A-3-1 et seq. of this code are followed.
24 (5) Sign and execute a contract to implement professional health care, managed care,
25 actuarial and health care-related monitoring, quality review/utilization, claims processing, and
26 independent professional consultant contracts for the Medicaid program: Provided, That the
27 provisions of §5A-3-1 et seq. of this code are followed: Provided, however, That a contract
28 awarded under the agency purchasing process from April 1, 2009, to January 2, 2013, remains in
29 full force and effect and the secretary retains sole authority to review, approve, and issue changes
30 to contracts issued under the former purchasing process, and is responsible for challenges,
31 disputes, protests, and legal actions related to such contracts.
32 (6) Establish such special funds as may be required by the federal Social Security Act, as
33 amended, or by any other Act or Acts of Congress, in order for this state to take full advantage of
34 the benefits and provisions thereof relating to the federal-state assistance and federal assistance
35 programs administered by the department and to make payments into and disbursements out of
36 any such special fund or funds in accordance with the requirements of the federal Social Security
37 Act, as amended, or any other Act or Acts of Congress, and in accordance with applicable state
38 law and the objects and purposes of this chapter. In addition, the Department of Health and
39 Human Resources, through the secretary, is hereby authorized to accept any and all gifts or
40 grants, whether in money, land, services, or materials, which gift or gifts, if in the form of moneys,
41 shall be placed in a separate fund and expended solely for the purpose of public assistance
42 programs. No part of this special fund may revert to the general revenue funds of this state. No
43 expenses incurred pursuant to this special fund may be a charge against the general funds of this
44 state.
45 (7) Establish within the department an Office of Inspector General for the purpose of
46 conducting and supervising investigations, performing inspections, evaluations, and review, and
47 providing quality control for the programs of the department. The Office of Inspector General shall
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48 be headed by the Inspector General who shall report directly to the secretary. Neither the
49 secretary nor any employee of the department may prevent, inhibit, or prohibit the Inspector
50 General or his or her employees from initiating, carrying out, or completing any investigation,
51 inspection, evaluation, review, or other activity oversight of public integrity by the Office of the
52 Inspector General. The secretary shall place within the Office of Inspector General any function he
53 or she deems necessary. Qualification, compensation, and personnel practice relating to the
54 employees of the Office of the Inspector General, including that of the position of Inspector
55 General, shall be governed by the classified service provisions of §29-6-1 et seq. of this code and
56 rules promulgated thereunder. The Inspector General shall supervise all personnel of the Office of
57 Inspector General.
58 (8) Provide at department expense a program of continuing professional, technical, and
59 specialized instruction for the personnel of the department.
60 (9) Pay from available funds all or part of the reasonable expenses incurred by a person
61 newly employed by the department in moving his household furniture, effects, and immediate
62 family from his or her place of residence in this state to his or her place of employment in this state;
63 and to pay from available funds all or part of the reasonable expenses incurred by a department
64 employee in moving his or her household furniture, effects, and immediate family as a result of a
65 reassignment of the employee which is considered desirable, advantageous to and in the best
66 interests of the state, but no part of the moving expenses of any one such employee may be paid
67 more frequently than once in 12 months or for any movement other than from one place of
68 employment in this state to another place of employment in this state.
69 (10) Establish a program to provide reimbursement to employees of the department whose
70 items of personal property, as defined by the department by policy, are damaged during the course
71 of employment or other work-related activity as a result of aggressive behavior by a client or
72 patient receiving services from the department: Provided, That the reimbursement is limited to a
73 maximum amount of $250 per claim.
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74 (11) Establish and maintain such institutions as are necessary for the temporary care,
75 maintenance, and training of children and other persons.
76 (12) Prepare and submit state plans which will meet the requirements of federal laws, rules
77 governing federal-state assistance, and federal assistance, and which are not inconsistent with
78 state law.
79 (13) Organize within the department a board of review, consisting of a chairman appointed
80 by the secretary and as many assistants or employees of the department as may be determined
81 by the secretary and as may be required by federal laws and rules respecting state assistance,
82 federal-state assistance, and federal assistance, the board of review to have such powers of a
83 review nature and such additional powers as may be granted to it by the secretary and as may be
84 required by federal laws and rules respecting federal-state assistance and federal assistance.
85 (14) Provide by rules review and appeal procedures within the Department of Health and
86 Human Resources as may be required by applicable federal laws and rules respecting state
87 assistance, federal-state assistance, and federal assistance, and as will provide applicants for,
88 and recipients of, all classes of welfare assistance an opportunity to be heard by the board of
89 review, a member thereof, or individuals designated by the board, upon claims involving denial,
90 reduction, closure, delay, or other action or inaction pertaining to public assistance.
91 (15) Provide by rules, consistent with requirements of applicable federal laws and rules,
92 application forms and application procedures for the various classes of public assistance.
93 (16) Provide locations for making applications for the various classes of public assistance.
94 (17) Provide a citizen or group of citizens an opportunity to file objections and to be heard
95 upon objections to the grant of any class of public assistance.
96 (18) Delegate to the personnel of the department all powers and duties vested in the
97 secretary, except the power and authority to sign contracts and agreements.
98 (19) Make such reports in such form and containing such information as may be required
99 by applicable federal laws and rules respecting federal-state assistance and federal assistance.
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100 (20) Invoke any legal, equitable, or special remedies for the enforcement of the provisions
101 of this chapter.
102 (21) Require a provider, subgrantee, or other entity performing services on behalf of the
103 department to comply with all applicable laws, rules, and written procedures pertaining to the
104 program for which the entity is providing or coordinating services, including, but not limited to,
105 policy manuals, statements of work, program instructions, or other similar agreements. When
106 submitting a claim for payment, the entity shall certify that it has complied with all material
107 conditions for payment. Knowingly and intentionally submitting a claim or billing for services
108 performed in material violation of any law, rule, policy, or other written agreement shall constitute
109 fraud and the agreement for provision of services shall terminate. The entity shall be required to
110 repay the department for any payment under the program for which the provider was not entitled,
111 regardless of whether the incorrect payment was the result of department error, fraud, or other
112 cause. A demand for repayment or termination of agreement for provision of services shall be
113 subject to the due process procedures pursuant to §29A-5-1 et seq. of this code. The provisions of
114 this subsection do not apply to fraud in the Medicaid program.
115 (22) Develop a data analytics pilot program to identify potential fraud and help guide policy
116 objectives to eliminate future fraud. The secretary shall submit a report containing the pilot
117 program’s results and recommendations to the Joint Committee on Government and Finance no
118 later than December 31, 2020.
119 (b) The secretary shall annually allocate Child Protective Services workers by districts of
120 the Bureau for Social Services and report the allocation process to the Legislative Oversight
121 Commission on Health and Human Resources Accountability by July 1 each year ARTICLE 6. SOCIAL SERVICES FOR ADULTS.
§9-6-11. Reporting procedures.
1 (a) A report of neglect, abuse, or financial exploitation of a vulnerable adult or facility
2 resident, or of an emergency situation involving such an adult, shall be made immediately, and not
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3 more than 48 hours after suspecting abuse, neglect or financial exploitation, to the department’s
4 adult protective services agency by a method established by the department. The department
5 shall, upon receiving any such report, take such action as may be appropriate and shall maintain a
6 record thereof. The department shall receive reports on its 24-hour, seven-day-a-week, toll-free
7 number established to receive calls reporting cases of suspected or known adult abuse or neglect.
8 The department shall have a redundancy for its system in the event of an outage to receive
9 reports. This redundancy shall be transparent meaning that it shall allow for reporting in the same
10 means as if the outage had not occurred and no time delay shall occur from when the outage
11 occurs to when the redundancy system begins to operate. This redundancy system shall be
12 operational no later than July 1, 2023. If the department contends that it currently has a
13 redundancy system, then it needs to describe this system, provide and operational date for the
14 system, and explain why calls to centralized intake were unanswered to the Joint Committee on
15 Government and Finance by July 1, 2023.
16 (b) A copy of any report of abuse, neglect, financial exploitation, or emergency situation
17 shall be immediately filed with the following agencies:
18 (1) The Department of Health and Human Resources;
19 (2) The appropriate law-enforcement agency and the prosecuting attorney, if necessary; or
20 (3) In case of a death, to the appropriate medical examiner or coroner’s office.
21 (c) If the person who is alleged to be abused, neglected, or financially exploited is a
22 resident of a nursing home or other residential facility, a copy of the report shall also be filed with
23 the state or regional long-term care ombudsman and the administrator of the nursing home or
24 facility.
25 (d) Reports of known or suspected institutional abuse, neglect, or financial exploitation of a
26 vulnerable adult or facility resident, or the existence of an emergency situation in an institution,
27 nursing home, or other residential facility shall be made, received, and investigated in the same
28 manner as other reports provided for in this article. In the case of a report regarding an institution,
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29 nursing home, or residential facility, the department shall immediately cause an investigation to be
30 conducted.
31 (e) The department shall annually submit a report in an electronic format, via the legislative
32 web page, on July 1, to the Joint Committee on Government and Finance containing the following
33 information: how many calls were made