West Virginia Code Chapter 9 — Human Services

Legislative purpose

[Repealed.]

Definitions

The following words and terms when used in this chapter have the meanings indicated: "Department" means the Department of Human Services. "Commissioner" means the Secretary of the Department of Human Services. "Federal-state assistance" means and includes: (1) All forms of aid, care, assistance and services to or on be…

Department of Human Services

Until January 1, 2024, the division of human services within the Department of Health and Human Resources shall have those powers and duties respecting the administration of the assistance programs as authorized, granted and imposed by this chapter and elsewhere by law. Beginning January 1, 2024, the Department of Huma…

Department of Health and Human Resources

[Repealed.]

Secretary to be administrative head of department; appointment; not to hold other office or engage in political activity

The Secretary of the Department of Human Services is the chief executive officer of that department and beginning January 1, 2024, is charged with the administration of this chapter. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is electe…

Acceptance of federal-state assistance and federal assistance

The state assents to the purposes of federal-state assistance and federal assistance, accepts federal appropriations and other forms of assistance made under or pursuant thereto, and authorizes the receipt of such appropriations into the state Treasury and the receipt of other forms of assistance by the department for…

Authorized exemption from federal law; exceptions

Pursuant to the authority and option granted by 21 U.S.C. §862a(d)(1)(A) to the states, West Virginia exempts all individuals domiciled within the state from the application of 21 U.S.C. §862a(a)(2) unless the offense of conviction has as an element thereof misuse of supplemental nutrition assistance program benefits,…

Organization of department of welfare

Within limits of state appropriations and federal grants and subject to provisions of state and federal laws, rules and regulations, the commissioner shall organize the department into such offices, divisions, agencies and other administrative units, and, consistent with the requirements of article six, chapter twenty-…

Administering the state assistance programs; information and data to be supplied by other agencies

(a) The department shall administer the state assistance programs, for which responsibility it shall have: (1) All powers, not inconsistent with state law, as may be necessary for this state to obtain maximum federal funds made available for federal-state assistance within whatever limits or restrictions may be imposed…

Secretary of Department of Human Services; powers and duties

In addition to the authority provided in §5F-2-2 of this code, the secretary shall: (1) Coordinate efforts with the Secretary of Health and the Secretary of Health Facilities, including authority to share the expense of administrative services through a memorandum of understanding established by agreement of the secret…

Secretary to develop caseload standards; committee; definitions

The secretary shall develop caseload standards based on the actual duties of employees in each program area of the department and may take into consideration existing professional caseload standards. Standards shall be reasonable and achievable. A caseload standards committee shall be established and composed of two em…

State's participation in federal work incentive program

The state of West Virginia hereby acknowledges that the Congress of the United States has enacted legislation amending the Social Security Act to permit states to establish work incentive programs. The commissioner is hereby authorized to transfer moneys from any appropriate public assistance grant account under his co…

Information and referral services

(a) Each local human services office shall compile, maintain and post a current list of donated food banks and other emergency food providers in the area served by the local food stamp office and refer individuals who need food to local programs that may be able to provide assistance. (b) The department shall use its e…

Secretary to develop Medicaid monitoring and case management

[Repealed]

Agreements between the Secretary and three higher education institutions

Any contract, agreement or memorandum of understanding between the secretary and West Virginia University, West Virginia School of Osteopathic Medicine or Marshall University for services is exempt from the provisions of §5A-3-1 et seq., of this code: Provided, That any contract entered into under the provisions of sub…

Repealed. Acts, 2013 Reg. Sess., Ch. 100.

Behavioral Mental Health Services Fund created

There is created in the State Treasury a special revenue account to be designated the "Behavioral Mental Health Services Fund" which is an interest-bearing account that may be invested and retain all earnings. On or before August 1, 2010, the State Treasurer shall make a one-time transfer of $14,750,000 from Fund 1509…

Collection of copayments by health care providers; penalties

(a) The secretary is directed to institute a program by January 1, 1994, which requires the payment and collection of copayments. Such program shall conform with Section 447.53, Chapter 42 of the Code of Federal Regulations, and the amount of such copayments shall be determined in accordance with the provisions of Sect…

Limitation on use of funds

No funds from the Medicaid program accounts may be used to pay for the performance of an abortion unless the abortion is permitted by §16-2R-3 of this code.

Coverage for patient cost of clinical trials

(a) The provisions of this section and section twelve-a of this article apply to the health plans regulated by this article. (b) This section does not apply to a policy, plan or contract paid for under Title XVIII of the Social Security Act. (c) A policy, plan or contract subject to this section shall provide coverage…

Definitions

For purposes of section twelve of this article: (a) A "clinical trial" is a study that determines whether new drugs, treatments or medical procedures are safe and effective on humans. To determine the efficacy of experimental drugs, treatments or procedures, a study is conducted in four phases including the following:…

Judicial review of decisions of contested cases

[Repealed.]

Application for and granting of federal-state or federal assistance

(a) Any person domiciled in this state, who shall make, or have made in his or her behalf, an application therefor and who is otherwise in all respects qualified to receive the same, shall be granted federal-state assistance or federal assistance in such form and amount, to such extent, and for such period, as authoriz…

Application for and granting of state assistance

(a) Any indigent person domiciled in this state, who shall make, or have made in his or her behalf, an application therefor and who is otherwise in all respects qualified to receive the same, shall be granted state assistance in such form and amount, to such extent, and for such period, as authorized by applicable stat…

Making application, investigation and grant

All persons wishing to make application for any class of welfare assistance shall have an opportunity to do so. Upon receipt of an application for any class of welfare assistance, the department shall make such investigation as may be necessary and as the exigency of the case will permit to determine the eligibility of…