§5-16B-1. Expansion of health care coverage to children; creation of program; legislative directives


Published: 2015

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WEST VIRGINIA CODE











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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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.