WEST VIRGINIA CODE
WVC 5 - 16 B- 1
§5-16B-1. Expansion of health care coverage to children; creation
of program; legislative directives.
(a) It is the intent of the Legislature to expand access to
health services for eligible children and to pay for this coverage
by using private, state and federal funds to purchase those
services or purchase insurance coverage for those services. To
achieve this intention, the West Virginia Children's Health
Insurance Program is created. The program shall be administered by
the Children's Health Insurance Agency within the Department of
Administration in accordance with the provisions of this article
and the applicable provisions of Title XXI of the Social Security
Act of 1997: Provided, That on and after July 1, 2015, the
agencies, boards and programs including all of the allied,
advisory, affiliated or related entities and funds associated with
the Children's Health Insurance Program and Children's Health
Insurance Agency, shall be incorporated in and administered as a
part of the Department of Health and Human Resources.
Participation in the program may be made available to families of
eligible children, subject to eligibility criteria and processes to
be established, which does not create an entitlement to coverage in
any person. Nothing in this article requires any appropriation of
State General Revenue Funds for the payment of any benefit provided
in this article. In the event that this article conflicts with the
requirements of federal law, federal law governs.
(b) In developing a Children's Health Insurance Program that operates with the highest degree of simplicity and governmental
efficiency, the board shall avoid duplicating functions available
in existing agencies and may enter into interagency agreements for
the performance of specific tasks or duties at a specific or
maximum contract price.
(c) In developing benefit plans, the board may consider any
cost savings, administrative efficiency or other benefit to be
gained by considering existing contracts for services with state
health plans and negotiating modifications of those contracts to
meet the needs of the program.
(d) For the transfer of the functions of the Children's Health
Insurance Program and the Children's Health Insurance Agency from
the Department of Administration to the Department of Health and
Human Resources, the Secretary of the Department of Health and
Human Resources and the Secretary of the Department of
Administration, acting jointly, are empowered to authorize and
shall authorize the transfers of program and agency funds
including, but not limited to, the West Virginia Children's Health
Fund created in section seven of this article and associated
investment accounts; and transfers of Children's Health Insurance
Program and Children's Health Insurance Agency personnel and
equipment, as are necessary, to facilitate an orderly transfer of
the functions of the Children's Health Insurance Program and the
Children's Health Insurance Agency.
(e) In order to enroll as many eligible children as possible in the program created by this article and to expedite the
effective date of their health insurance coverage, the board shall
develop and implement a plan whereby applications for enrollment
may be taken at any primary care center or other health care
provider, as determined by the director, and transmitted
electronically to the program's offices for eligibility screening
and other necessary processing. The board may use any funds
available to it in the development and implementation of the plan,
including grant funds or other private or public moneys.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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