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Home » US Law » 2022 West Virginia Code » Chapter 9. Human Services » Article 5. Miscellaneous Provisions

§9-5-1. Exemption of Grants From Certain Taxes and Claims

Grants of all classes of welfare assistance received under the provisions of this chapter shall be exempted from the collection of taxes except sales taxes, from levy of execution, garnishment, suggestion, and any other legal process.

§9-5-10. Continuation of Present Aid; Contributions by Counties

Except as otherwise provided in this chapter, aid or assistance rendered under existing law shall not be deemed to be discontinued. County courts may contribute in-kind services or money into a special fund of the state department of welfare to expand the general welfare programs for citizens of its county. No part of this fund […]

§9-5-11. Definitions; Assignment of Rights; Right of Subrogation by the Department for Third-Party Liability; Notice Requirement for Claims and Civil Actions; Notice Requirement for Settlement of Third-Party Claim; Penalty for Failure to Notify the Department; Provisions Related to Trial; Attorneys Fees; Class Actions and Multiple Plaintiff Actions Not Authorized; and Secretary’s Authority to Settle

(a) Definitions. As used in this section, unless the context otherwise requires: (1) “Bureau” means the Bureau for Medical Services.

§9-5-11a. Notice of Action or Claim

If either the medical assistance recipient or the Department of Health and Human Resources brings an action or claim against a third person, the recipient, his attorney or such department shall, within thirty days of filing the action, give to the other written notice of the action or claim by certified mail. This notice shall […]

§9-5-11b. Release of Information

(a) All recipients of medical assistance under the Medicaid program are considered to have authorized all third parties, including, but not limited to, insurance companies and providers of medical care, to release to the Department of Health and Human Resources information needed by the department to secure or enforce its rights as assignee under this […]

§9-5-12. Medicaid Program; Maternity and Infant Care

(a) The department shall: (1) Extend Medicaid coverage to pregnant women and their newborn infants to 185 percent of the federal poverty level and to provide coverage up to 1-year postpartum care, effective July 1, 2021 or as soon as federal approval has occurred.

§9-5-12a. Medicaid Program; Dental Care

(a) The following terms are defined: (1) “Cosmetic services” means dental work that improves the appearance of the teeth, gums, or bite, including, but not limited to, inlays or onlays, composite bonding, dental veneers, teeth whitening, or braces.

§9-5-13. Pilot Program for Certain Aid Recipients Seeking Self-Employment

(a) The Legislature finds and declares that a pilot program which allows recipients of benefits of the federal aid to families with dependent children program (AFDC), Title 42 §601 et seq., United States Code, to maintain their benefits during the start-up phase of their self-supporting business, will assist these individuals in becoming independent of all […]

§9-5-15. Medicaid Program; Preferred Drug List and Drug Utilization Review

The Legislature finds that it is a public necessity that trade secrets, rebate amounts, percentage of rebate, manufacturer's pricing and supplemental rebates that are contained in records, as well as any meetings at which this information is negotiated or discussed need confidentiality to insure the most significant rebates available for the state. Information pertaining to […]

§9-5-17. Nonprofit Agency or Facility, in Receipt of Medicaid Moneys, Shall Provide Annual Accounting of Gross Receipts and Disbursements Including Salaries

Any nonprofit health care agency or facility which receives Medicaid moneys shall, as a condition of the receipt of same, provide an annual accounting of that facility's or provider's receipts and disbursements, including the total salaries of all employees and administrators, with one copy of same to be submitted to the Joint Committee on Government […]

§9-5-19. Summary Review for Certain Behavioral Health Facilities and Services

(a) A certificate of need as provided in article two-d, chapter sixteen of this code is not required by an entity proposing additional behavioral health care services, but only to the extent necessary to gain federal approval of the Medicaid MR/DD waiver program, if a summary review is performed in accordance with the provisions of […]

§9-5-2. Release of Liens and Reassignment of Insurance Policies

All liens and claims upon real and personal property and all assignments of insurance policies, imposed, existing or made under the provisions of chapter one, acts of the Legislature, first extraordinary session, one thousand nine hundred thirty-six, chapter one hundred five, acts of the Legislature, regular session, one thousand nine hundred thirty-nine, chapter seventy-four, acts […]

§9-5-20. Medicaid Program; Chronic Kidney Disease; Evaluation and Classification

(a) Any enrollee in Medicaid who is eligible for services and who has a diagnosis of diabetes or hypertension or, who has a family history of kidney disease, shall receive coverage for an evaluation for chronic kidney disease through routine clinical laboratory assessments of kidney function. (b) Any enrollee in Medicaid who is eligible for […]

§9-5-21. Annual Report to Joint Committee on Government and Finance Regarding Treatment for Autism Spectrum Disorders Provided by the Bureau for Medical Services

(a) On or before January 1 each year, the agency shall file an annual report with the joint committee on government and finance describing the number of enrolled individuals with autism spectrum disorder, including the fiscal and administrative impact of treatment of autism spectrum disorders, and any recommendations the agency may have as to changes […]

§9-5-22. Medicaid Managed Care Reporting

(a) Beginning January 1, 2016, and annually thereafter, the Bureau for Medical Services shall submit an annual report by May of that year to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Health and Human Resources Accountability that includes, but is not limited to, the following information for all managed […]

§9-5-23. Bureau of Medical Services Information

(a) The Bureau of Medical Services shall publish all informational bulletins, health plan advisories, and guidance published by the department concerning the Medicaid program on the department's website. (b) The bureau shall publish all Medicaid state plan amendments and any related correspondence within twenty-four hours of receipt of the correspondence submission to the Centers for […]