West Virginia Code 16-29B-30 – Applicability; transition plan
(a) Notwithstanding any provision of this code to the contrary, effective July 1, 2017, the Health Care Authority shall transfer to the Department of Health and Human and Resources. Any and all remaining functions of the Health Care Authority shall transfer at that time to the Department of Health and Human Resources.
Terms Used In West Virginia Code 16-29B-30
- Authority: means the Health Care Authority created pursuant to the provisions of this article. See West Virginia Code 16-29B-3
- Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Secretary: means the Secretary of the Department of Health and Human Resources. See West Virginia Code 16-29B-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) The Health Care Authority shall develop and implement a transition plan to transfer all their remaining functions to the Department of Health and Human Resources. The plan shall be submitted in writing to the Joint Committee on Government and Finance, the Governor and the Secretary of the Department of Health and Human Resources, the Secretary of the Department of Administration and the Division of Personnel. This plan shall be submitted no later than June 1, 2017. The plan shall include proposals for the following:
(1) Transition to appropriate entities or destruction of hard and electronic copies of files;
(2) Transfer of all certificate of need matters pending as of July 1, 2017, to the Department of Health and Human Resources.
(3) In consultation with the Department of Administration, discontinuation of use of the current building including termination of any lease or rental agreements, if necessary;
(4) In consultation with the Department of Administration, disposition of all state owned or leased office furniture and equipment, including any state owned vehicles, if necessary;
(5) Closing out and transferring existing budget allocations;
(6) A transition plan developed in conjunction with the Division of Personnel for remaining employees not transferred to other offices within state government;
(7) A plan to repeal all existing legislative rules made unnecessary by the transfer of the Health Care Authority; and
(8) Any other matters which would effectively terminate all functions not transferred to the Department of Health and Human Resources.
(9) Upon the effective date of the changes to this article made during the course of the 2017 Regular Session of the Legislature, any function of the Health Care Authority not otherwise eliminated or transferred shall become a function of the Department of Health and Human Resources.