West Virginia Code § 5-16B-1

Expansion of health care coverage to children; continuation of program;
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legislative directives.
(a) It is the intent of the Legislature to expand access to health services for eligible children
and to pay for this coverage by using private, state, and federal funds to purchase those
services or purchase insurance coverage for those services. To achieve this intention, the
West Virginia Children's Health Insurance Program heretofore created shalel be continued
and administered by the Department of Human Services, in accordance with the provisions
of this article and the applicable provisions of Title XXI of the Social Sercurity Act of 1997:
Provided, That on and after July 1, 2022, the agencies, boards and programs including all of
the allied, advisory, affiliated, or related entities and funds associated with the Children's
Health Insurance Program and Children's Health Insurance Agency, shall be incorporated in
and administered as a part of the Bureau for Medical Servictes. Participation in the program
may be made available to families of eligible children, subject to eligibility criteria and
processes to be established, which does not create an entitlement to coverage in any person.
Nothing in this article requires any appropriation of State General Revenue Funds for the
payment of any benefit provided in this article. If this article conflicts with the requirements
of federal law, federal law governs.
(b) In developing a Children's Health Insurance Program that operates with the highest
degree of simplicity and governmengtal efficiency, the director shall avoid duplicating
functions available in existing agencies and may enter into interagency agreements for the
performance of specific tasks oer duties at a specific or maximum contract price.
(c) In developing benefiLt plans, the director may consider any cost savings, administrative
efficiency, or other benefit to be gained by considering existing contracts for services with
state health plans and negotiating modifications of those contracts to meet the needs of the
program.
(d) In order to enroll as many eligible children as possible in the program created by this
artiWcle and to expedite the effective date of their health insurance coverage, the director
shall develop and implement a plan whereby applications for enrollment may be taken at any
primary care center or other health care provider, as determined by the director, and
transmitted electronically to the program's offices for eligibility screening and other
necessary processing. The director may use any funds available to the agency in the
development and implementation of the plan, including grant funds or other private or
public moneys.

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