SB 820 — Authorizing DHHR transfer comprehensive community mental health centers and intellectual disability facilities to regional centers and facilities

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 820 By Senators Takubo, Cline, and StollingsStollings, [Introducedoriginal Februarysponsors 17,[Originating 2020;in the Committee on Health and Human Resources;

referredreported to the Committee on HealthFebruary and21, Human2020] Resources]    A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §27-2A-2, relating to authorizing the Department of Health and Human Resources to transfer comprehensive community mental health centers and comprehensive intellectual disability facilities to regional mental health centers or regional intellectual disability facilities.

Transfer of state facilities to comprehensive regional mental health centers ofor comprehensive intellectual disability facilities authorized.

and (2) The land and buildings are utilized and shall continue to be utilized by a local nonprofit organization in the delivery of services contemplated by §27-2A-1 of this code:

Provided, That the land and buildings may be pledged by the local nonprofit organization as collateral disabilityto facilitysecure operatedindebtedness incurred by athe local nonprofit organizationorganization; that agrees to take ownership of any land and buildings pursuant to this section may construct such additional renovations and improvements upon the property as it considers appropriate to the delivery of services contemplated by §27-2A-1 et seg.

(3) The purchase price of the land and buildings shall be a nominal value;

(4) The conveyance documents and deeds shall require the local nonprofit organization to become solely responsible for the maintenance and upkeep of the land and buildings, and to procure property and casualty insurance at its own cost covering the value of the land and buildings;

and (5) The conveyance documents and deeds shall require that if the land and buildings of a comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization are no longer used for that purpose, the land and the buildings revert back to the state.

(b) A comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization that agrees to take ownership of any land and buildings pursuant to this section may perform additional renovations and improvements upon the property as it deems appropriate to the delivery of services contemplated by §27-2A-1 et seq.

(b)(c) AnyA comprehensive regional mental health center or comprehensive intellectual disability facility operated by a local nonprofit organization that agrees to take ownership of any land and buildings pursuant to this section may further transfer ownership to all or part of the property to another local nonprofit organization:organization:  Provided, That all the requirements of this section shall continue to be satisfied:

Provided, however, That allif the requirementsland and buildings are no longer utilized by a local nonprofit organization in the delivery of services contemplated by §27-2A-1 of this sectioncode, continuethe land and building shall revert back to bethe satisfied.state.

(c)(d) AnyA transfer of the ownership of any land and buildings by the Departmentdepartment of Health and Human Resources pursuant to this section isshall be exempt from the bidding and public sale requirements, from the approval of contractual agreements by the Department of Administration or the Attorney General, and from all other requirements of chapter§5A-1-1 5Aet ofseq. this code.

of this code.

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