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Home » US Law » 2022 West Virginia Code » Chapter 9. Human Services » Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally

§9-2-1. Continuation of Department of Welfare

The state department of welfare, first created as the state department of public assistance by chapter one, acts of the Legislature, first extraordinary session, one thousand nine hundred thirty-six, and later reconstituted as the state department of welfare by chapter one hundred ten, acts of the Legislature, regular session, one thousand nine hundred sixty-one, shall […]

§9-2-10. 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 Sections 447.54 and 447.55, […]

§9-2-11. 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.

§9-2-12. 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 […]

§9-2-12a. 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: Phase II: The experimental drug […]

§9-2-13. Judicial Review of Decisions of Contested Cases

(a) For purposes of this section: (1) “Agency” means the Board of Review or the Bureau for Medical Services, as the case may be, that has been named as a party to any proceeding on appeal made pursuant to the provisions of this section.

§9-2-2. Commissioner to Be Administrative Head of Department; Appointment, Qualifications, etc.; Not to Hold Other Office or Engage in Political Activity

The chief executive officer and administrative head of the department shall be the commissioner of welfare, who shall be appointed and compensated, and shall serve, as provided by section two-a, article seven, chapter six of this code. The commissioner shall be selected with special reference and consideration given to his training, experience, capacity and interest […]

§9-2-3. 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 expenditure, disbursement, and distribution by the department […]

§9-2-3a. 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, loss of life, or the causing of physical […]

§9-2-4. 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-nine of this code, shall appoint and employ for the department […]

§9-2-6. Powers of Secretary

(a) Within limits of state appropriations and federal grants and subject to provisions of state and federal laws and regulations, the secretary, in addition to all other powers, duties, and responsibilities granted and assigned to that office in this chapter and elsewhere by law, may: (1) Promulgate, amend, revise, and rescind department rules respecting the […]

§9-2-6a. Commissioner to Develop Caseload Standards; Committee; Definitions

The commissioner 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 employees from each program area in each region. The […]

§9-2-7. 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 control to the special fund, administered by the […]

§9-2-8. 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 […]

§9-2-9a. 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 article three, chapter five-a of this code: Provided, That any contract entered into under the provisions of subsection five, section six of this article, […]

§9-2-9c. 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 – Consumer Protection […]