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The Legislature is in its final two weeks of the Session, this is the time when the activity on bills increases as members and committees scurry to pass bills out on time. Wednesday, April 1 (the 50th day) marks “crossover day”, the last day to consider bill on third reading in its house of origin (except for budget or supplementary budget appropriation bills).
April 8 then is the last day for committees to report out the bills they’ve had under consideration in order to guarantee three days of reading on the floor. Any bills coming out of committee after this day must pass a vote of four-fifths of the members present to allow the constitutional rule to be waived. Finally, the day every lobbyist awaits: April 11--adjournment at midnight. Beyond April 11 is the extended session for purposes of passing the state budget. |
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Early last week SB 724 was introduced to modify the definition of physician services under the existing physician provider tax law. The bill, with the strong support of the Governor and the Tax Commission quickly was placed on the Senate Health Committee Agenda putting the WVSMA and the Hospital Association in scramble mode to determine the impact of the language and the actual intent of the bill.
After meetings with the Tax Commission officials the WVSMA ascertained the bill was proposed to negate the impact of the current tax appeals of some eleven hospitals. These hospitals are arguing that they have been paying the provider taxes incorrectly on hospital employed physician services since it’s inception in 1993 and should have paid the “physician rate” on a broader set of services provided by such physicians in their hospitals instead of the “hospital rate”. (The physician rate is currently .4% having been sequentially reduced from 2% starting in 2001 and is set to sunset at 0% on June 30, 2010. The Hospital rate is 2.5%) In order to avert an approximate $300 million payback to these hospitals, if they are successful, the Tax Commission chose to push legislation to narrowly define the physician tax to be just those services provided by that employed physician. Non-employed physician services would also continue to be taxed at the physician rate.
Virgil Helton, Secretary of Tax argued before the Health Committee that this language change is simply codifying the original intent of the legislature when they passed the bill in 2003, though when questioned about this bill’s impact on the current appeals Secretary Helton admitted that the Commission would use this new law to argue in court that this was the original legislative intent of the law.
Senator Evan Jenkins successfully made an amendment to delete the language in the bill which referenced the legislative intent saying that it would be left up to the courts to determine the intent the legislature had in 1993. The bill was then passed and sent to the Senate Finance Committee. The Finance Committee then took up the bill on Monday, March 30 and under the request of the Tax Commission put back in the language that Jenkins removed. The Tac Commission argued that if the Hospitals were successful with their appeals then it could be as big as a $300 million hit to the agency. The bill was then passed and was on third reading in the Senate on April 1.
Importantly, the bill does not appear to negatively affect the payment of or rate of the physician provider taxes that physicians must pay. It does not alter the current phase-out of the provider tax on physicians. The WVSMA will continue to watch this bill very closely. |
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After a meeting with the House Judiciary Committee attorney and representatives of the Nurses Association, Optometry Association and others, the Board of Medicine pulled their rule defining laser surgery as the practice of medicine. Evidently the other groups were successful in convincing the House Judiciary Committee attorney that the Board of Medicine did not have the authority to promulgate such a rule that ultimately had an impact of the scope of other allied health licensees. (Though the rule has undergone the scrutiny of the Secretary of State, the Legislative Rule Making Review Committee and the House Health Committee and the Senate Health Committee.) It is unclear at this point if the Board of Medicine will redraft the rule and resubmit for next year’s session.
The other two rules of the Board of Medicine (physician license in extraordinary circumstances, physician assistant licensure) were then passed at a meeting late last week and bundled among a number of other licensure boards rules into HB 2819. Included in the bundle was the Board of Nurses Limited Prescription Authority rule and rules from the WV Board of Physical Therapy, WV Board of Architects and WV Board of Dentistry. In total there are 24 rules included now in this one bundled bill. This process makes it quite cumbersome to follow rules and or to make a change in a rule in the final weeks of the session.
The rules promulgated by the Board of Dentistry amended the language regulating the dental hygienists who practice “public health” dental hygiene by adding: the dental hygienist and a licensed dentist shall attempt to reach a collaborative agreement regarding such treatment. If such an agreement cannot be reached than the dental hygienist shall have a written order from a licensed dentist prescribing such treatment. |
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On Friday, March 27, the Senate passed SB 336 making the failure to wear a seatbelt a primary offense. This would enable law enforcement to pull over and ticket any vehicle where the driver or any passenger in the front seat or any passenger in the back seat under the age of eighteen is not wearing their seatbelt. The cost for the ticket is being reduced from the current $25 to $15. The bill has gone to the House and is referenced to the Roads and Transportation Committee then Judiciary.
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A bill requiring all chain restaurants with 15 or more locations to post the calorie content of items on their menus and/or menu boards overcame three big hurdles in the past couple weeks. The Senate has passed a "skinny" version of the bill which requires certain fast-food and chain restaruants to post the calorie content of their food items on the menu or menu boards.
The Senate Health Committee took the bill up on Tuesday, March 24 after pulling it from the committee agenda the previous week for lack of support. The restaurant and tourism associations are adamantly opposed to the legislation arguing that the bill will add costs to the restaurants by requiring them to modify the menus and menu boards and hire persons to do analysis on their items to determine the calorie content.
When the bill came before the committee last Tuesday, Ken Thorpe, consultant for the Legislature on Healthcare Reform testified before the Committee about the ultimate cost savings to the state through reduced obesity rates from persons making healthier food choices. Senator Dan Foster, MD, a proponent of this legislation for the past several years, spoke in favor of the bill prior to its passage. Senators Boley and Hall questioned the economic impact of the bill on the restaurant industry. The bill overwhelmingly passed on a voice vote. Senator Boley asked to be recorded as voting no on the bill.
The bill then made it past second reading on the Senate floor Friday without any amendments being made to weaken the bill. It was set for passage on Monday, March 30 and following impassioned speeches from Senator Dan Foster, MD, Senator Ron Stollings, MD and Roman Prezioso, Chair of the Senate Health Committee the bill failed on a vote of 14 to 19. Those opposed fell mostly into two categories, republicans who voted against the bill which placed perceived burdens on restaurant owners and members of the democratic leadership “old guard” who may have been sensitive to former Senator Oshel Craigo’s (D, Putnam) interests. Craigo owns numerous Gino’s Pizza and Tudor’s Biscuit World restaurants throughout the WV and a couple other states. Click Here to see the roll call vote.
Tuesday evening the Senate took the bill back up and amended it to limit the requirements to national and regional fast-food and chain restaurants which are in at least 14 other states. The bill was then sent to the House where it was referenced to the Health and Government Organization committees. |
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“The feeling is, if we do this, we may be able to reach some consensus”, said Chairman Don Perdue of the House Health Committee. With those words the Committee passed House Concurrent Resolution 46 calling for a year-long legislative study on expanding the scope of practice for optometrists. A bill introduced early in the session would have left decisions regarding expanding the scope of practice to the Board of Optometry, in the hands of the Board of Optometry. After holding a subcommittee meeting during which both ophthalmologists and optometrists testified, it was concluded that approach would have given too much leeway to the board, with little oversight. Its members drafted a bill amending the state code to call for a year-long study, with a report due January 1st. That bill was opposed by the WVSMA and the WV Academy of Ophthalmology. Our groups argued for a normal legislative study resolution instead of putting it in the hands of the Optometric Board. The Committee responded to the request and passed the resolution instead. |
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As Governor Joe Manchin III prepares to share with legislators his suggestions on how to cut 4.6% from next year’s state budget to keep the budget balanced legislators are grappling with major budget woes. One easy way to fill half of this $200 million hole is a tobacco tax increase (SB 420/ HB 2746). Last Thursday though, the Charleston Gazette quoted the chairmen of both the House and Senate Finance Committees as saying an increase in the tobacco tax is unlikely this year. One reason is that the federal tax on a pack of cigarettes jumps from 39 cents to $1.01 on Wednesday. That makes the proposal to raise the West Virginia tax by $1.10 to help fund some of the “Roadmap to Health” initiatives more difficult.
Facing downward turns in the economy, Governor Joe Manchin III has increased proposed cuts to next year’s state budget from $80 million to nearly $200 million. West Virginia is one of the only states in the nation still operating in the black. Believing it’s better to act now than later, the cuts nonetheless will continue to tie the hands of lawmakers and policymakers seeking to fund new programs or increase salaries for state workers and teachers. Earlier in the Session, Manchin had estimated the state would need to cut 2% from the budget. On Thursday, he said cuts of up to 4.6% would now be necessary for the new fiscal year, which begins July l. “We‘re taking every precaution that we can manage and plan our way through,” Manchin told the Associated Press. “This approach is a heck of a lot better than having to be forced to do something later on. Matt Turner, the Governor’s press spokesman, was quoted on West Virginia Public Radio as saying the cuts would not be automatic across-the-board reductions, but the total would have to be close to the mark. Manchin may make specific suggestions to lawmakers this week as they head into the final half of their 60-day session. |
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The Senate has passed SB 573 that terminates the WV Pharmaceutical Cost Management Council as an independent body and in place makes it simply an advisory council to the Governor’s Pharmaceutical Advocate. It adds a citizen member and clarifies that the Pharmaceutical Advocate may not serve as the chair of the council. Currently Shana Phares, Pharmaceutical Advocate, has been operating as the chair of the council. The current council has been under fire for its actions or inactions (depending on which side is complaining) on regulating the pharmaceutical industry and reducing drug costs to WV patients.
One big ‘accomplishment’ of the council was the passage of a rule to require the pharmaceutical companies to report the gifts, grants and payments to physicians. The bill as originally introduced fully terminated the Council and placed the responsibility of the reporting rule in the hands of the Health care Authority. Those provisions were changed and the current bill language does not affect the reporting form.
Under one of the Roadmap to Health healthcare reform bills, SB 414, the Pharmaceutical Advocate is granted the authority to coordinate the work of the new Governor's Office of Health Enhancement and Lifestyle Planning. This bill passed April 1. |
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Two identical bills introduced last week, HB 3306 and SB 605, aimed to create a Health Care Fraud unit with broad investigatory powers. The Senate bill was discussed before the Senate Health Committee and received such significant concern from the members that the bill failed to be taken up for a vote. The bill renamed the Medicaid Fraud Unit as the Healthcare Crimes Unit and gave it broad investigatory powers over complaints alleging abuse, or neglect or financial exploitation individuals in facilities, programs or entities which receive any payments under the medical programs of the state.
The bill also authorizes the Medicaid Fraud Control Unit to request search warrants and cooperate with law-enforcement agencies, receive reports of fraudulent or illegal misconduct. The bill increases criminal penalties and makes it a felony to attempt to cause an unauthorized expenditure from the Medical Services Fund and provides for the seizure and forfeiture of properties belonging to persons convicted of a crime related to state medical services and prevents those convicted of a crime related to state medical services from receiving certain services. The bill sets forth venue rules for criminal and civil state medical programs fraud actions. The bill also created a link to the Insurance Commission and further authorized the Insurance Fraud Unit to investigate health care fraud and gave the investigators at the Commission the same powers as the State police (excluding the power to arrest). The bill is definitely worth a good read, to have some insight into the interests of the DHHR and the Insurance Commission to hammer down on what they consider fraudulent providers.
This bill is a third bill this year which would have greatly expanded the powers of the Medicaid Fraud Unit and the Insurance Commission. Earlier this session the Senate Health Committee killed SB 231 which promulgated a rule of the Tax Commission that would have granted contractual authority between the Tax Commission and the Medicaid Fraud Unit to allow the Unit to obtain any and all tax documents of a person or entity they are investigating without obtaining a search warrant. Additionally, the Insurance Commission attempted to get a SB 444 passed that would have given the Commission’s Fraud Unit personnel access to the Board of Pharmacy Controlled Substances Monitoring Database where all prescriptions of Schedule II, III and IV drugs are reported by name of patient and the provider. Certain law enforcement (state police, sheriff, drug enforcement unit) under tight restrictions have access to the database. |
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A bill that would modify the motorcycle helmet law to allow certain adult riders and passengers to ride without helmets, SB 625, failed to move out of the Senate Transportation and Infrastructure committee this week. On Wednesday, March 25 the bill was considered in the committee. Proponents and opponents of the bill crowded the room. After discussion the bill failed to move, essentially killing the legislation. The bill would have implemented a convoluted and unenforceable system that would allow drivers who meet certain requirements to place a sticker on the motorcycle license plate that indicates they are authorized to drive without a helmet.
The WVSMA is opposed to any legislation that would weaken the current requirement for helmets to be worn by motorcycle drivers and passengers. |
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The Senate passed a bill, SB 470, which modifies the law on the Hatfield-McCoy trail system. The bill adds “utility-terrain vehicles” to the vehicles that may operate on the trail system and defines them as “any motor vehicle with four or more low-pressure tires designed for off-highway use having bench or bucket seating for each occupant and a steering wheel for control”. Examples of such vehicles are Polaris Ranger or John Deer Gater. The bill requires occupants of these vehicles to wear helmets, as well as those of ATV’s and motorcycles. It clarifies that outfitters can not rent an ATV to any person under age 16 and who does not have a driver’s license and places additional requirements on such outfitters. The bill passed the Senate on Tuesday, March 31. |
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The House Finance committee held a public hearing on a bill, HB 3159, that would disallow public funding of abortion services. Opponents outnumbered supporters at a the hearing claiming the proposed legislation would discriminate against poor women and that the Supreme Court of Appeals already ruled such a law would be unconstitutional. Dr. Gina Busch, a Charleston gynecologist and obstetrician, called the bill “discrimination of the worst kind” and the Rev. Jim Lewis, an Episcopalian priest, claimed it would be “a way to punish poor women.” Supporters of the measure hold that West Virginians don’t want their tax money spent to fund abortions. The draft legislation would forbid funding of abortions except in cases of rape, incest or to save the life of the mother. Similar proposals have failed the Legislature in previous years. Normally, such proposals are referred to the House Judiciary Committee. This year, however, it was referred to the House Finance Committee, which is chaired by one of the bill’s sponsors, Finance Chairman Harry Keith White. After the public hearing the bill was not placed on the agenda of the committee and at this point looks to be dead. |
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Transparency in government is making some progress in WV with the House’s passage of HB 2091, which opens up the process at Medicaid when they file for a state plan amendment with the feds. Currently, West Virginia is the only state in the nation that does not allow its citizens to have notice and the right to comment on proposed changes in the Medicaid state plan. For the last two years the House of Delegates has passed bills to provide notice and right to comment before changes in Medicaid are submitted to the federal government for approval. The Senate has killed the bills the last two years. It is going to have its chance again this week with HB 2091 being referred to both the Government Organization and Judiciary Committees. |
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Finding that an emergency exists regarding the current funding levels of the county health departments, the House Finance Committee passed HB 3195 on Friday March 27 to redefine the funding mechanism for the departments. Currently there is a line item in the state budget under the Bureau for Public Health for state aid to local health departments. The Bill requires the Bureau to propose an emergency legislative rule distribution of state aid to local health departments and basic public health services funds.
The rule shall include the following provisions:
- Base allocation amount for each county;
- Establishment and administration of an emergency fund of no more than two percent of the total annual funds of which unused amounts are to be distributed back to local boards of health at the end of each fiscal year;
- A calculation of funds utilized for state support of local health departments;
- Distribution of remaining funds on a per capita weighted population approach which factors coefficients for poverty, health status, population density and health department interventions for each county and a coefficient which encourages counties to merge in the provision of public health services;
- A hold-harmless provision to provide that each local health department receives no less in state support for a period of three years beginning in the 2009 budget year.
The House Finance Committee also passed HB 3130 at that same meeting. This bill increasing the barrel tax on “nonintoxicating beer” from the current $5.50 per barrel to $11 per barrel. (Beer is considered “nonintoxicating” in the state statute.) This tax is expected to equate to 1 cent per bottle/can of beer and will generate an additional $7 to $9 million per year. The bill directs the funding into the general revenue fund, the intent articulated at the committee meeting was that the total new dollars raised would be split equally in the state budget between substance abuse treatment and funding for the county health departments. |
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A bill, HB 2027, that would tax methadone clinics drew proponents and opponents to the State Capitol for a House Finance Committee meeting last week. The bill, passed by the House Health Committee, would tax treatment centers $1 for each dose of methadone they distribute for opioid addiction treatment. Supporters of the tax say West Virginia’s methadone clinics, which are for-profit entities, make enough to absorb the tax and use the proceeds for prevention, intervention and recovery programs for addicts. Opponents of the tax, many of them patients, claim treatment centers saved their lives and see it as a tax on them because they are seeking treatment. They maintain there are better ways of raising revenue than taxing people in treatment. Many attending the hearing were associated with CRC Health Group, which owns seven clinics in West Virginia. The tax would raise $1.5 million to help grow prevention and treatment programs. A report issued by the Health Care Authority earlier in the session showed the West Virginia clinics making a 28% profit.
The bill looks to be dead at this point since the House Finance Committee failed to move on the bill which was referenced there on 2nd reading. |
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Sixteen-year-olds will be able, with parental consent, to become blood donors if a bill approved by the full Legislature on March 30 is signed by the Governor. HB 3083 specifies that if permission or authorization is given by a parent or guardian, 16-year-olds may now be blood donors but could not do so for payment. The present law restricts blood donation to persons 17 and older. The measure is supported on a national level by the American Heart Association. |
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Because West Virginia leads the nation in the “poor oral health” category, the Senate Health Committee is recommending students be required to undergo a dental examination before they enter the first grade. SB 485 focuses on early intervention, much as compulsory immunization laws do. Senators were concerned; however, about how parents would be notified of such a requirement, because the bill specifies a child cannot enroll in school unless there is proof a dental exam has taken place. The Health Committee deleted criminal penalty provisions from the bill. But in referring it to the Education Committee, members suggested attention be given to how parents will be notified, how schools would track the program, whether a grace period would be allowed, and how the 25% of potential students without insurance could pay for dental exams. The bill passed the Senate on April 1. |
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The age of consent to refuse mental health treatment in West Virginia would have changed from the age of 12 to the age of 18 under provisions of a bill, HB 2908, adopted by the House Health Committee. The bill changed the age that permits refusal of treatment to 18. Under existing law, admission to a facility for behavioral health treatment is conditioned upon consent of the prospective patient if he or she is 12 years or older. The change is a recommendation of the Behavioral Health Commission and seen as giving parents more authority to insist on treatment if a young person is in danger of harming himself/herself or others. The bill was referenced to the House Judiciary Committee following passage of the Health Committee but was not taken up in time to pass by the “crossover day” on April 1. |
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The Legislature is asking the Department of Health and Human Resources (DHHR) to consult with provider groups, evaluate the rates it pays providers and report to the Legislature every two years. Originally a bill requiring DHHR to adjust its rates annually, HB 3126 was amended so that it is “more evaluation than requirement,” according to House Health Committee staff. A potential problem with the original bill was it required rates to be adjusted automatically. But money is not always automatically available in the budget. Supporters hope the legislation, if passed, will make the issue of paying providers “more transparent” to legislators and the public. The bill went to the House Finance Committee where it was not taken up in time to pass by “crossover day” April 1. |
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HB 2660 – Redefining Limited Health Service
The purpose of this bill is to expand the definition of limited health service to include dental care, vision care, podiatric care, pharmaceutical services (including Medicare prescription drug plans), and other services as determined by the commissioner. Passed the House 3/27/09.
HB 2767 – Changing the membership of the PEIA financial board
Modifies the PEIA Finance Board to clarify that one member shall represent a political subdivision participating in PEIA. Passed the House on 3/30/09.
HB 2916 – Relating to Emergency Medical Services Act
Modifies the fees for EMS certification and recertification and requires all applicants to undergo a national criminal background test and fingerprinting. Passed the House on 03/30/09.
HB 2415 – Identifying salvia divinorum as a hallucinogen
Bill initially aimed to make the salvia divinorum plant a Schedule I drug, it has been modified to simply make it a misdemeanor to possess a material, compound, mixture or preparation intended for human consumption which contains salvia divinorum, unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the courts of his or her professional practice. Passed the House 04/01/09.
HB 2485 - Allowing pharmacy interns to vend pseudoephedrine and other chemical precursors of methamphetamine
The bill was initially written to clarify that pharmacy interns are allowed to sell pseudoephedrine over the counter as well as the pharmacist and the pharmacy tech. This was initially aimed to simply clarify the current law that requires these drugs to be over-the-counter and a list to be maintained and examined by law enforcement. Passed House on 04/01/09.
HB 2626 – Requiring licensure of Pharmacy Benefit Managers
The bill requires pharmacy benefit managers to be licensed and regulated by the WV Insurance Commission. Such PBM’s are entities that perform pharmacy benefit management and include a person or entity acting for another pharmacy benefit manager in a contractual or employment relationship in the performance of pharmacy benefit management services, including mail order pharmacy. Passed the House on 04/01/09.
HB 3047 - Allowing Public Employees Insurance Agency enter into capitated provider arrangements
The bill allows PEIA to enter into capitated provider arrangements which are not subject to the HMO laws. Passed House on 04/01/09.
HB 3288- Relating to Mental Health Parity
The bill updates the mental health parity law already in effect by clarifying that for those insurers providing a group health plan with an average of more than fifty employees on business days during the preceding calendar year, may not apply cost containment measures as provided in this law unless the insurer can demonstrate that the application of this law results in an increase of two percent of the actual total costs of coverage for the plan year involved with respect to medical-surgical benefits and mental health benefits under the plan. Passed the House on 04/01/09.
HB 3336 – Continuing early intervention services to families with developmentally delayed infants and toddlers but eliminating the cost-free provision
The bill modifies the statute for the “Right form the Start” program to allow the Bureau for Public Health to bill insurance and/ or charge families on a sliding fee scale while continuing to allow free services to be given to those economically in need of free services. Passed the House on 04/01/09.
SB 286 - Expanding prepaid limited health service organizations services
The bill redefines “Limited health service" to include dental care services, vision care services, podiatric care services and pharmaceutical services, including Medicare prescription drug plans along with the following current provisions listed in law - mental or behavioral health services including mental illness, mental retardation, developmental disabilities, substance abuse and chemical dependency services. Laid over on 3rd reading in the Senate on 03/30/09.
SB 333 – Basing school nurse ratio on total net enrollment
Modifies the requirement for school nurses to be based on nurse for every 1500 students in the county. Current law requires one nurse for every 1500 students K-7th grade. Passed the Senate on 03/30/09.
SB 592 – Behavioral health service provider tax.
The bill clarifies the statute taxing behavioral health services at 5%. The original bill aimed to sunset the tax in 2010 when the physician provider tax is to sunset but an amendment removed that provision. Passed Senate on 04/01/09.
SB 632 – Requiring insurers to share certain information with Bureau for Medical Services
The bill limits the liability of physicians, residents, medical students and nurses who volunteer at youth camps. The limitation on liability does not apply to acts or omissions constituting gross negligence or willful and wanton conduct. Passed Senate on 04/01/09.
SB 634 – Relating to certain physicians volunteer liability.
The bill requires insurers to share information with the Bureau for Medical Services, Medicaid, regarding claims that may have been paid by the bureau during a period when the individual was covered by other insurance. Passed Senate on 03/30/09.
SB 767 -Relating to certain medicaid contracts
The bill grants the secretary of DHHR the authorization to execute a contract to implement professional health care, managed care, actuarial and health care-related monitoring, quality review/utilization, claims processing and independent professional consultant contracts for the Medicaid program. Sets forth process for competitive bidding. On first reading on 04/01/09
Senate Resolution 17 – Requesting the Congress of the United States reexamine a federal law which has seriously affected the sales of off-road motorcycles and other recreational vehicles designed for children.
This resolutions calls for congress to reexamine the federal law restricting lead content in children’s toys. Evidently the law restricts the sale of off road vehicles (motorcycles, ATV’s, etc.) designed for children due to the lead content in the metals and componentry. Passed Senate on 02/27/09. |
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The bill, SB 321, quickly passed the house health Committee on Monday March 30. This was the first meeting of the Health Committee following the March 29 deadline to pass bills out in order to be passed by the full House by "crossover day", April 1. The committee had little discussion and no amendments were made on this bill which had been so controversial during the legislative interims as language was being finalized.
The bill will be on second reading on Thursday, April 2 and if all goes well (with no amendments) it should pass on Friday and be sent straight to the Governor for his signature.
The following are the provisions of the bill:
- A provision permitting West Virginia hospitals near state borders to expand across state lines (into contiguous counties only) without West Virginia regulatory review. Hospitals may not use the financial condition of any out-of-state facility as the basis for requesting a rate adjustment on West Virginia patients.
- Increase the capital expenditure and major medical equipment thresholds from $2 million to $2.7 million and modify the fee structure for filing a certificate of need application;
- Eliminate lithotripsy from CON review;
- Modify and cap the CON filing fee;
- Eliminate CON reviewability of such non-health related projects as electronic health records, telephone systems, parking garages, cafeterias, etc., up to a certain level, based on hospital size;
- Eliminate CON review in certain instances for ambulatory care facilities operated by a hospital in the same county as the hospital if there is no objection by an affected party after notice has been made in the community;
- Exclude state psychiatric hospitals from CON review if the hospital is creating forensic beds, as well as in-state behavioral health providers seeking to stem the referral of children to out-of-state programs.
- The subcommittee is asking the Legislature to continue the study on CON for another year, with plans to examine: Modifying the statutory moratorium on nursing home beds; Cross-border competition and its impact on West Virginia laws; The definition of “affected person” (one who can officially object to a CON proposal);
Regulatory time frames in the CON process; The possibility of licensing ambulatory health facilities ; and,
Eliminating dialysis from CON review.
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April 01, 2009
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Last Night of Session to not be Televised
It is sad to report that public television coverage of the traditional last night of the legislative session will not occur this session. Beth Vorhees, host of the show, and others have reported on the activities of the legislature from 8:00-midnight for many years. Due to budget restraints, the live airing of the session on Saturday night will no longer be available. Public television however does still air their “Legislature Today” program that shares updates on activities from both the House and Senate daily. It is available through your local public television station. In the Charleston market it on at 6:30 p.m. and 11:30 p.m. Monday-Friday.
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Contacting Your Legislators
The West Virginia Legislature has expanded information available through its Internet web-site www.legis.state.wv.us. On the bottom right of the legislature’s homepage is a spot to enter your zip code. A list of you your elected officials will come up with their contact information.
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