Legislative Information

2007 Legislative priorities

Visit the WV Legislature website for more information on specific bills, interim schedules and information on your elected officials.

WV DD Council Final Legislative Report 2007

  HEALTH  

CHIPS Children’s Health Insurance Program (CHIPS) $10,968,995 FY 08 (Same as FY 07)

HB 2583     Relating to the expansion of newborn testing The purpose of  the bill is to expand newborn screening from the current eight  by adding all twenty-nine of the newborn screenings recommended by the March of Dimes and the American Academy of Pediatrics. The tests will be phased in over a two- year period.

EMPLOYMENT

Supported Employment Extended Service (Division of Rehabilitation Services) FY 08 $119,032.   (Same as State Budget FY07)

Supported Employment (OBHS) FY 07, $600,000.  (Same as State Budget FY 07)

Employment Attendant Care Program (DRS) FY 08 $179,000. (Same as State Budget FY 07)

DRS Funding

The Administration made a decision to close the WV Rehabilitation Center as of June 30, 2007 .   Funding used for the operation of that facility will be diverted to the district offices for community services and will be used to eliminate the current waiting list.

EDUCATION

Aid for Exceptional Children FY 08 $7,271,757 (Same as State Budget FY 07)

Birth to Three Program FY 08 $3,307,043 (Same as State Budget FY 07)

COMMUNITY SUPPORTS

DD Family Support Program FY 08 $1,093,923 (DHHR) (Same as State Budget FY07)

MR/DD Waiver increase (DHHR)  $2,000,000

Aged & Disabled Waiver increase (BOSS)    $7,000,000

Ron Yost Personal Assistance Program (DRS) FY 08 $ 340,000 (Same as State Budget 07)

Independent Living (DRS) FY 08 $24,000 (Same as State Budget 07)

Arc Home of Your Own (WV Development Office) FY08 $40,000 (Same as State Budget 07)     

Other Disability Legislation That Passed

HB 2380  Exempting the purchase of certain drugs, durable medical equipment, etc., from the consumer’s sales and service tax 

The purpose of this bill is to provide to health care providers an  exemption from sales tax for purchases of drugs, durable medical goods, mobility enhancing equipment and prosthetic devices to be dispensed upon prescription and intended for use  in the diagnosis, cure, mitigation, treatment, or prevention of a  medical condition.

HB 2578  Continuing current mental health parity laws for group  insurance plans The purpose of this bill is to continue mental  health parity laws and to remove the sunset provisions.

HB 2944   Enhancing the end-of-life care given to residents of nursing  homes.  The purpose of this bill is to require that certain nursing home residents be given information about the option of hospice palliative care:

(a)  When the health status of a nursing home facility resident declines to the state of terminal illness or when the resident receives a physician's order for "comfort measures only," the facility shall notify the resident with information about the

(b) option of receiving hospice palliative care. If a nursing home resident is incapacitated, the facility shall also notify any person who has been given the authority of guardian, a medical power of attorney or health care surrogate over    the resident, information stating that the resident has the option of receiving hospice palliative care.  

(c)  The facility shall document that it has notified the resident and any   person who has been given a medical power of attorney or health care surrogate over the resident, information about the option of hospice palliative care and maintain the documentation so that the director may inspect the documentation, to verify the facility has complied with this section.

HB 2992     Decreasing the health care provider tax imposed on gross  receipts of providers of nursing facility services The purpose of this bill is to decrease the nursing home provider tax to five and one-half percent by November 1, 2007 to comply  with federal law. This bill does not apply to ICF/MR facilities.

HB 2714     Revising requirements for parking areas designated for use  by persons with mobility impairments   The purpose of this  bill is to remove the requirement that certain parking areas be provided without cost; allows the commissioner to issue up to two special registration plates or removable windshield placards to an eligible person or and organization that transports people with disabilities.    

Organizations that transport persons with disabilities will be provided with a placard which will permit them to park in a designated area only for the length of time needed to load and  unload passengers.

In addition to law enforcement officers the   bill adds private security guards, parking personnel and other personnel authorized by a city, county, or the state to issue parking citations.

The bill specifies that access aisles must have the words NO PARKING painted on the aisles that are at least 12 inches in height.

The bill raised the fine from $100 to $200 for a first offense. 

SB 59 Relating to basic universal design features for certain  dwellings The purpose of this bill is to provide immunity from  civil  damages to a worker, contractor, engineer or architect who, in good faith, provides services for materials, without remuneration, to build or install basic universal design features in accordance with applicable codes and state and federal laws;  and to establish a standard form informational list of basic  universal design features to be provided to a future buyer of any  proposed residential housing in the state by the licensed  contractor.

SB 619       Relating to Election Day procedures and preparation  The  purpose of this bill relates to election day procedures and preparation; providing for handicapped individuals to vote on election day; providing that clerks must assure voter privacy by placement of voting devices and/or booths; and providing for sufficient space and notice of precinct consolidation.

OTHER STATE BUDGET ITEMS  

Sheltered Workshops                                   $1,816,149  

Behavioral Health Unclassified                      $52,779,562

Institutional Facilities Operations                   $75,150,320

Colin Anderson Community Placement         $1,164,000

Please note:  Budget Amounts are monies from general revenue, special revenue, and the lottery but do not reflect federal dollars.  

Legislation That Did Not Pass  

SB 30  Certificate of need, new institutional health services The purpose of this bill is to eliminate the prohibition against  any health services organization from charging or billing for  ventilator beds in health care facilities without first obtaining a  certificate of need.

Com. Sub. SB 95

          Requiring county boards of education make available certain training to teachers' aides The purpose of the bill allows county boards annually shall make available to all regularly employed teachers' aides twelve hours of training in providing services to children diagnosed as       autistic or with autism spectrum disorder. The training shall occur during normal working hours and shall qualify to meet the continuing education requirements for the teachers' aides.  Furthermore, this training shall be structured to permit an employee to qualify as an autism mentor after no less than four years of training.  County boards shall notify in writing all teachers' aides of the location, date and time when training will be offered for qualification as an autism mentor. Furthermore, county boards shall reimburse any regularly employed teacher's aide or substitute teacher's aide who elects to attend the course for one half of the cost of the tuition.  The bill further states the following:   After the fifth day prior to the beginning of the instructional term, no person employed and assigned as an aide or autism mentor may transfer to another position in the county during that instructional term unless the person holding that position does not have valid certification.

  The provisions of this subsection are subject to the following: (1) The aide or autism mentor may apply for any posted, vacant positions with the successful applicant assuming the position at the beginning of the next instructional term; and (2) The county board, upon recommendation of the superintendent may fill a position before the next instructional term when it is determined to be in the best interest of the students;  (3) The county superintendent shall notify the state board of each transfer of a person employed in an aide or autism mentor position to  another position after the fifth day prior to the beginning of the instructional term; (4) The Legislature finds that it is not in the best interest of the students with autism to have multiple teachers, mentors, aides or any combination thereof during the instructional term; and (5) It is the intent of the Legislature that the filling of aide and autism mentor positions through transfers of personnel from one position to another after the fifth day prior to the beginning of the instructional term should be kept to a minimum.  THIS BILL PASSED THE SENATE BUT DID NOT PASS THE HOUSE.  IT DID NOT MAKE IT  OUT OF THE HOUSE EDUCATION COMMITTEE.

HB 3152     Eliminating mercury in childhood vaccines The purpose of  this bill is to eliminate mercury in childhood vaccines.  

HB 3086     Requiring health insurers to provide full coverage for the prevention, diagnosis and treatment of autism spectrum disorder  The purpose of this bill is to require health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.

 

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