West Virginia Code 9-10-3 – Administration of Fund; administrative fees; Fund use
(a) The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund is subject to the annual appropriation of funds by the Legislature. The West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the Fund.
Terms Used In West Virginia Code 9-10-3
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Department: means the state division of human services: Provided, That beginning January 1, 2024, "department" means the Department of Human Services. See West Virginia Code 9-1-2
- Fund: means the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund. See West Virginia Code 9-10-1
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources or his or her designee. See West Virginia Code 9-10-1
- Services: means nursing facility services, home and community-based services, and related hospital and prescription drug services for which an individual received Medicaid medical assistance. See West Virginia Code 9-1-2
- Spinal cord injury: means a traumatic injury to the spinal cord that results in a permanent loss of sensation and voluntary movement below the level of the lesion. See West Virginia Code 9-10-1
- 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
- Traumatic brain injury: means an acquired injury to the brain, including brain injuries caused by anoxia due to near drowning. See West Virginia Code 9-10-1
(b) All moneys collected, received and deposited into the State Treasury and credited to the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund shall be expended by the Secretary exclusively in accordance with the uses and criteria set forth in this article. Expenditures from this Fund for any other purposes are void.
(c) The Fund shall be administered by the Department of Health and Human Resources: Provided, That the Department may not charge a fee to administer the Fund.
(d) Nothing in this article may be construed to mandate funding for the Fund or to require any appropriation by the Legislature.
(e) Moneys in the Fund shall be used to pay for services that will increase opportunities for and enhance the achievement of functional independence, and a return to a productive lifestyle for individuals who have suffered a traumatic brain injury or a spinal cord injury.
(f) Services that are eligible for payment by the Fund shall include, but not be limited to:
(1) Case management;
(2) Rehabilitative therapies and services;
(3) Attendant care;
(4) Home accessibility modifications;
(5) Equipment necessary for activities; and
(6) Family support services.
(g) Funds shall be expended according to the priorities and criteria for disbursement established by the secretary under section four of this article, and pursuant to legislative rules authorized in section five of this article.