HB 4113 — Public Health definitions and powers of secretary and commissioner

(b) The rules may include:

but are not limited to, the regulation of (1) Land usage endangering the public health:

(10)(c) The distributionsecretary ofshall statepropose aida torule localfor healthlegislative departmentsapproval andin basicaccordance publicwith healththe servicesprovisions fundsof in§29A-3-1 accordanceet with:seq.

of this code for (10) The distribution of state aid to local health departments and basic public health services funds The rule shall include the following provisions:

in accordance with:

and (E)A Thehold-harmless provisionsprovision ofto thisprovide subdivisionthat areeach local health department receives no less in effectstate untilsupport thefor performancea standardperiod fundingof formulafour isyears createdbeginning andin establishedthe by2009 legislativebudget rule.year;

(b)(E) The secretaryprovisions shall not review any repair or modernization of equipmentthis atsubdivision aare publicin pooleffect facilityuntil as long as such activity does not change the scopeperformance ofstandard thefunding facilityformula oris itscreated current use and suchestablished activityby doeslegislative notrule. exceed $25,000 in planned cost.

The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this section pursuant to the provisions §29A-3-15 of this code.

The emergency rule is subject to the prior approval of the Legislative Oversight Commission on Health and Human Resources Accountability prior to filing with the Secretary of State.

(d) The secretary may propose rules for legislative approval that may include the regulation of other health-related matters which the department is authorized to supervise and for which the rule-making authority has not been otherwise assigned (e) (b) The secretary shall not review any repair or modernization of equipment at a public pool facility as long as such activity does not change the scope of the facility or its current use and such activity does not exceed $25,000 in planned cost.

The commissioner shall be a physician licensed under the laws of this state to practice medicine or a person holding a doctorate degree in public health administration.

The commissioner shall have not less than four years’ experience in health services administration or a related field The commissioner serves at the will and pleasure of the secretary and shall not be actively engaged or employed in any other business, vocation, or employment, serving full-time in the duties of the office as prescribed by this article.

(a) (1) To supervise and direct the fiscal and administrative matters of the bureau, and in that regard and in accordance with law, employ, fix the compensation of, and discharge all persons necessary for the proper execution of the public health laws of this state and the efficient and proper discharge of the duties imposed upon, and execution of powers vested in the commissioner by law and as directed by the secretary;

(b) (2) To enforce all laws of this state concerning public health.

to that end, (3) The commissioner shall make, or cause to be made, investigations and inquiries respecting To investigate the cause of disease, especially of epidemics and endemic conditions, and the means of prevention, suppression, or control of those conditions;

the source of sickness and mortality, and the effects of environment, employment, habits, and circumstances of life on the public health.

The commissioner shall further make, or cause to be made, inspections and examinations of (4) To inspect and examine food, drink, and drugs offered for sale or public consumption in the manner the commissioner considers necessary to protect the public health and shall report all violations of laws and rules relating to the law to the prosecuting attorney of the county in which the violations occur;

(c) (5) To make complaint or cause proceedings to be instituted against any person, corporation, or other entity for the violation of any public health law before any court or agency, without being required to give security for costs;

(d) (6) To promote the provision of essential public health services to citizens of this state;

(e) (7) To monitor the administration, operation and coordination of the local boards of health and local health officers;

(f) (8) To develop and maintain a state plan of operation that sets forth the needs of the state in the areas of public health;

(g) (9) To collect data as may be required to foster knowledge on the citizenry’s health status, the health system, and costs of health care;

(h) (10) To delegate to any appointee, assistant, or employee any and all powers and duties vested in the commissioner, including, but not limited to, the power to execute contracts and agreements in the name of the bureau:

(i) (11) To transfer at the direction of the secretary, notwithstanding other provisions of this code any patient or resident between hospitals and facilities under the control of the commissioner and, by agreement with the state Commissioner of Corrections and Rehabilitation and otherwise in accord with law, accept a transfer of a resident of a facility under the jurisdiction of the state Commissioner of Corrections and Rehabilitation;

(j) (12) To make periodic reports to the Governor and to the Legislature relative to specific subject areas of public health, orotherthe state facilities under the supervision of the commissioner, or other matters affecting the public health of the people of the state;

(13)at To accept and use for the benefitdirection of the healthsecretary; of the people of this state, any gift or devise of any property or thing which is lawfully given:

Provided,(k) ThatAt ifthe direction of the secretary (13) To accept and use for the benefit of the health of the people of this state, any gift isor fordevise aof specificany purposeproperty shallor bething usedwhich asis specified.lawfully given:

Provided, That if any gift is for a specific purpose or for a particular state hospital or facility it shall be used as specified.

(l) (14) To acquire by condemnation or otherwise any interest, right, privilege, land, or improvement and hold title to the land or improvement, for the use or benefit of the state or a state hospital or facility, and, by and with the consent of the Governor, and at the direction of the secretary, to sell, exchange or otherwise convey any interest, right, privilege, land, or improvement acquired or held by the state, state hospital, or state facility Anyand condemnationdeposit proceedingsthe shallproceeds befrom conductedthe pursuantsale, toexchange §54-1-1or etother seq.conveyance into the hospital services revenue account.

ofAny thiscondemnation code;proceedings shall be conducted pursuant to chapter fifty-four §54-1-1 et seq.

(15) To inspect and enforce rules to control the sanitary conditions of and license all institutions and health care facilities as set forth in this chapter,code;. including, but not limited to, schools, whether public or private, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, places of entertainment, hotels, motels, tourist camps, all other places open to the general public and inviting public patronage or public assembly, or tendering to the public any item for human consumption and places where trades or industries are conducted;

(16)(m) (15) To makeinspect inspections,and conductenforce hearings,rules and to enforcecontrol the legislativesanitary rulesconditions concerningof occupational and industriallicense all institutions and health hazards,care thefacilities sanitaryas conditionset offorth streams,in sourcesthis ofchapter, waterincluding, supply,but seweragenot facilities,limited andto, plumbingschools, systems,whether andpublic theor qualificationsprivate, public conveyances, dairies, slaughterhouses, workshops, factories, labor camps, places of personnelentertainment, connectedhotels, withmotels, tourist camps, all other places open to the supplies,general facilitiespublic and inviting public patronage or systemspublic withoutassembly, regardor tendering to whetherthe theypublic areany publiclyitem for human consumption and places where trades or privatelyindustries owned;are conducted;

(n) (16) To make inspections, conduct hearings, and to enforce the legislative rules concerning occupational and industrial health hazards, the sanitary condition of streams, sources of water supply, sewerage facilities, and plumbing systems, and the qualifications of personnel connected with the supplies, facilities or systems without regard to whether they are publicly or privately owned;

(17)(o) To provide in accordance with this subdivision forand a program for the care,definitions treatment, and rehabilitationother provisions of thearticle parentsone-a, ofchapter suddentwenty-seven infant27-1A-1 deathet syndromeseq. victims;

of this code, and as directed by the secretary, for a comprehensive program for the care, treatment and rehabilitation of alcoholics and drug abusers;

for research into the cause and prevention of alcoholism and drug abuse;

for the training and employment of personnel to provide the requisite rehabilitation of alcoholics and drug abusers;

and for the education of the public concerning alcoholism and drug abuse (p) (17) To provide in accordance with this subdivision for a program for the care, treatment, and rehabilitation of the parents of sudden infant death syndrome victims;

for the responsibility of reporting to the Legislature on a quarterly basis the incidence of sudden infant death syndrome cases occurring in West Virginia;

for the state sudden infant death syndrome advisory council to develop regional family support groups to provide peer support to families of sudden infant death syndrome victims;

(q) (18) To establish and maintain a state hygienic laboratory as an aid in performing the duties imposed upon the commissioner, and to employ chemists, bacteriologists, and other employees that may be necessary to properly operate the laboratory.

The commissioner may establish branches of the state laboratory at any points within the state that are necessary in the interest of the public health;

(19)(r) To expend,establish forand thefund purposea ofuniform performing the public health dutiesprofessionals imposeddata onsystem theto bureau,collect orand authorizedmaintain byuniform law,data anyon sumsall appropriatedhealth byprofessionals in the Legislature.state.

This data shall include, but not be limited to, the following information about each health professional:

His or her name, profession, the area of the state where he or she is practicing, his or her educational background, his or her employer’s name, and number of years practicing within the profession.

The boards provided for in articles three, four, four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen, sixteen, twenty, twenty-one, twenty-three, twenty-eight, thirty-one, thirty-two, thirty-four, thirty-five, thirty-six and thirty-seven, chapter thirty of this code shall annually collect the data on health professionals under their jurisdiction in the format prescribed by the commissioner.

Each board shall pay to the bureau annually, an amount determined by the commissioner to be a pro rata portion, for anticipated expenses to establish and operate the uniform health professionals data system required by this section.

The commissioner may standardize data collection methods if necessary to implement the provisions of this section.

The commissioner shall publish annually and make available, upon request, a report setting forth the data which was collected the previous year;

areas of the state which the collected data indicates have a shortage of health professionals;

and projections, based upon the collected data, as to the need for more health professionals in certain areas (s) (19) To expend, for the purpose of performing the public health duties imposed on the bureau, or authorized by law, any sums appropriated by the Legislature.

The advance payments, being in derogation of the principle of payment only after receipt of goods or services, shall be authorized only after serious consideration by the commissioner of the necessity of the advance payments and shall be for a period no greater than ninety 90 days in advance of rendition of service or receipt of goods and continuation of health services;

and (t) (20) To exercise all other powers delegated to the commissioner by the secretary or by this chapter or otherwise in this code, to enforce all health laws, and to pursue all other activities necessary and incident to the authority and area of concern entrusted to the bureau or the commissioner.

(a) TheEffective July 1, 2012, the commissioner serves on the followingWest advisoryVirginia councils,Board boards,of andMedicine, commissions:provided in §30-3-1 et seq.

of this code.

(b) Effective July 1, The commissioner serves on the following advisory councils, boards, and commissions:

(c) (b) Notwithstanding any other provision of this code to the contrary, The commissioner may, at his or her discretion designate in writing a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions on which the commissioner is designated as an ex officio member.

The appropriately designated representative or proxy acts with the full power and authority of the commissioner in voting, acting upon matters concerning the public health and welfare and other business that is properly the duty of any board or commission.

The representative serves as proxy at the commissioner’s will and pleasure.

The provisions of this section do not apply to the West Virginia Board of Medicine, the Air Quality Board, or other board, commission, or body on which the commissioner is designated by this code as chairman ex officio, secretary ex officio, or a board, commission, or body on which the commissioner is designated by this code as being that person whose signature must appear on licenses, minutes, or other documents necessary to carry out the intents and purposes of the board, commission, or body §16-1-8.

The commissioner shall make an annual report to the Legislature on the health facility licensing account, including the previous fiscal year’s expenditures and projected expenditures for the next fiscal year §16-1-11.

(a) Notwithstanding any other provisions of this chapter, The commissioner may assess and charge reasonable fees for the provision of services provided by the bureau:

when services are provided to similarly situated individuals who have the ability to pay for them The fees shall be deposited into a special revolving fund in the State Treasury designated the “Health Services Fund.” (b) Any balance including accrued interest in the special revolving fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund for use by the commissioner for funding health programs in the ensuing fiscal years.

§16-1-12.(c) The commissioner may authorize reasonable fees for the provision of services by local boards of health as created in article two of this chapter:

Provided, That no individual may be denied health care services by the local health department because of the inability of the individual to pay for services when services are provided to similarly situated individuals who have the ability to pay for them.

The fees shall be deposited into the local board of health account for use by the local board for funding health programs.

The commissioner shall establish the fees on a sliding fee basis determined by an individual’s ability to pay:

Provided, however, That the local board of health may submit a request through the administrator for third party reimbursement where the request is appropriate:

Provided further, That Local boards of health that establish fees shall annually submit a schedule of fees, a sliding fee scale and an accounting of amounts collected to the commissioner as part of its program plan or plan of operation.

(d) The secretary shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code, setting forth the fees established, assessed, and charged by the commissioner §16-1-12.

(a) The commissioner at the direction of the secretary, may accept, receive, and receipt for federal moneys and other moneys, either public or private, for and on behalf of this state or any county or municipality of this state, for public health purposes, or for the establishment or construction of public health facilities, whether the work is to be done by the state, or by the county or municipality, or jointly, aided by grants of aid from the United States, upon such terms and conditions as are, or may be, prescribed by the laws of the United States and regulations made thereunder.

(c) All moneys accepted for disbursement pursuant to this section shall be deposited by the secretary or the commissioner in the State Treasury, and unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purpose for which the moneys were made available, and held by the state in trust for those purposes.

TheTo insure adequate standards of public service,The commissioner may provide technical and specialized instruction for employees of the bureau.

TheIf upon review of the personnel records of any employee of the bureau, the commissioner mayis payof outthe opinion that it would be in the best interest of federalthe fundsbureau andto suchprovide statethe fundsemployee aswith areadditional availabletraining or instruction, not to matchexceed suchnine federalmonths funds,in any requiredfour-year tuitionperiod, in the field or enrollmentvocation fees.in which the employee is engaged, the commissioner may, upon approval of the secretary, direct that the employee obtain the additional training or instruction at any place the commissioner considers suitable.

Designated attendance of the employee shall be compensated for as a part of regular employment The commissioner is further authorized to may pay out of federal funds and such state funds as are available to match such federal funds, any required tuition or enrollment fees.

Unless the context in which used clearly requires a different meaning, as used in this article:

The three areas of basic public health services are communicable and reportable disease prevention and control, community health promotion, and environmental health protection;

“Communicable and reportable disease prevention and control” meansis diseaseone surveillance,of casethree investigationareas andof follow-up,basic outbreakpublic investigation,health responseservices toeach epidemics,local andboard prevention and control of communicablehealth andmust reportableoffer. diseases;

“CommunityServices healthshall promotion”include meanmeans assessingdisease andsurveillance, reportingcase communityinvestigation healthand needsfollow-up, tooutbreak improveinvestigation, healthresponse status,to facilitatingepidemics, communityand partnershipsprevention includingand identifyingcontrol theof community’srabies, prioritysexually healthtransmitted needs,diseases, mobilizationvaccine ofpreventable adiseases, communityHIV/AIDS, aroundtuberculosis, identified priorities, and monitoringother thecommunicable progressand ofreportable communitydiseases; health education services;

“Community health promotion” is one of three areas of basic public health services each local board of health must offer.

Services shall include mean assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services;

“Director” or “director of health” means the state health officer.

Administratively within the department, the Bureau for Public Health through its commissioner carries out the public health function of the department, unless otherwise assigned by the secretary;

“Environmentalsuch healthas protection”lead meansand effortsradon toabatement protectfor theindoor communityair fromquality environmental health risks including, inspection of housing, institutions, recreational facilities, sewage, and wastewaterpositive facilities;pregnancy tracking.

Enhanced public health services are services a local health department may offer;

“Environmental health protection” is one of three areas of basic public health services each local board of health must offer.

Services shall include means efforts to protect the community from environmental health risks including, inspection of housing, institutions, recreational facilities, sewage, and wastewater facilities;

“Local health officer” means the individual physician with a current West Virginia license to practice medicine or a licensed advanced practice registered nurse that has the ability to independently practice who supervises and directs the activities of the local health department services, staff and facilities and is appointed by the local board of health;health with approval by the commissioner;

“Program plan” or “plan of operation” means the annual plan for each local board of health that must be submitted to the commissioner for approval;

and “Service area” means the territorial jurisdiction of the local board of health;

(a) Each A local board of health may shall meet as often as necessary to orderly and efficiently execute its duties and exercise its powerspowers: but, no fewer than six times per year.

Provided, That in a service area having a population of less than thirty thousand residents, the board shall meet no fewer than four times per year and in a service area having a population of more than thirty thousand residents, the board shall meet but, no fewer than six times per year.

(b) Each A local board of health is authorized to and shall adopt and may amend bylaws or rules governing the time and place of its regular meetings, procedures, and method of conducting its meetings.

including quorum, meeting attendance policies, requirements for written minutes and board actions as public records, duties and election process for officers, process for filling board vacancies, number, duties, tenure and eligibility of members, and any other matters affecting how the board is organized to perform its duties.

(c) Each A local board of health, pursuant to its bylaws, shall elect from its members a chairperson.

(a) Each A local board of health created, established, and operated pursuant to the provisions of this article shall:

(i) (A) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services;

(ii) (B) Environmental health protection including the promoting and maintaining of clean and safe air, water, food, and facilities, and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation;

and (iii) (C) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis, and other communicable and reportable diseases;

(2) ProvideAppoint equipmenta andlocal facilitieshealth forofficer to serve at the localwill healthand departmentpleasure thatof arethe inlocal complianceboard of health with federalapproval andof statethe law;commissioner;

(3) PermitSubmit a general plan of operation to the commissioner tofor actapproval, byif andit throughreceives it,any asstate needed.or federal money for health purposes.

This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule;

(4) (2) Provide equipment and facilities for the local health department that are in compliance with federal and state law;

(5) (3) Permit the commissioner to act by and through it, as needed.

(6) (4) Deposit all moneys and collected fees into an account designated for local board of health purposes.

(7) (5) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds:

(8) (6) Participate in audits, be in compliance with tax procedures required by the state, and annually develop a budget for the next fiscal year;

(9) (7) Perform public health duties assigned by order of a county commission or by municipal ordinance consistent with state public health laws;

and (10) (8) Enforce the public health laws of this state and any other laws of this state applicable to the local board;

(b) Each A local board of health created, established, and operated pursuant to the provisions of this article may:

(6) AAssess, localcharge, healthand departmentcollect may bill health care service fees tofor aservices payorprovided whichby includes, but is not limited to, Medicaid, a Medicaid Managed Care Organization, and the Publiclocal Employeeshealth Insurancedepartment: Agency for medical services provided:

Provided, That fees for services shall be submitted to and approved by the commissioner:

Provided, however, That a A local health department may bill health care service fees to a payor which includes, but is not limited to, Medicaid, a Medicaid Managed Care Organization, and the Public Employees Insurance Agency for medical services provided:

with approval by the commissioner.

(b) A local health officer has the following additional powers and duties which may be delegated with the approval of the board:

(3) To ensure that procedures are established for the receipt of communicable or reportable disease reports from local physicians and other reporting sources and for the transmittal of the reports to the commissioner;

The county commission of any county or the governing body of any municipality in which a local board of health is established,established pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may levy a county or municipal tax to provide funds for the local board of health:

The county commission of any county or the governing body of any municipality in which a local board of health is established, pursuant to the provisions of this article, or the county commission of any county or the governing body of any municipality who is a participating member of a combined local board of health may appropriate and spend money from the county or municipal general funds for public health purposes and to pay the expenses of the operation of the local board of health services and facilities.

The commissioner and the secretary may pay over and contribute to any board of health, created and maintained pursuant to the provisions of this article the sum or sums of money that may be available from funds included in appropriations made for the department.

of Health and Human Resources.

The  JointAdopted CommitteeRejected on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.

    ...............................................................

        Chairman, House Committee                          ...............................................................

                             Chairman, Senate Committee                                                       Originating in the House.

  In effect from passage.

    ...............................................................

                  Clerk of the House of Delegates                          ...............................................................

                                                  Clerk of the Senate                                         ...............................................................

                                                   Speaker of the House of Delegates                                                                 ...............................................................

                                                                                     President of the Senate     __________             The within ...................................................

this the...........................................

  day of ..........................................................................................................., 2022.

                                                    .............................................................

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