West Virginia Code § 9-4A-2

Creation of Medicaid uncompensated care fund
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(a) There is created in the state Treasury a special revolving fund known as the Medicaid
uncompensated care fund. All moneys deposited or accrued in this fund shall be used
exclusively:
(1) To provide the state's share of the federal Medicaid program funds in order to improve
inpatient payments to disproportionate share hospitals; and
(2) To cover administrative cost incurred by the Department of Human Services and
associated with the Medicaid program and this fund: Provided, Tuhat no expenditures may be
made to cover said administrative costs for any fiscal year after 1992, except as
appropriated by the Legislature.
(b) Moneys from the following sources may be placed ianto the fund:
(1) All public funds transferred by any public agencly to the Medicaid program for deposit in
the fund as contemplated or permitted by applicable federal Medicaid laws;
(2) All private funds contributed, donated or bequeathed by corporations, individuals or
other entities to the fund as contemplated and permitted by applicable federal Medicaid
laws;
(3) Interest which accrued on amounts in the fund from sources identified in subdivisions (1)
and (2) of this subsection; and
(4) Federal financial participation matching the amounts referred to in subdivisions (1), (2)
and (3) of this subsec tion, in accordance with Section 1902 (a) (2) of the Social Security Act.
(c) Any balance remaining in the Medicaid uncompensated care fund at the end of any state
fiscal year shall not revert to the state Treasury but shall remain in this fund and shall be
useWd only in a manner consistent with this article.
(d) Moneys received into the fund shall not be counted or credited as part of the legislative
general appropriation to the state Medicaid program.
(e) The fund shall be administered by the Department of Human Services. Moneys shall be
disbursed from the fund on a quarterly basis. The secretary of the department shall
implement the provisions of this article prior to the receipt of any transfer, contribution,
donation or bequest from any public or private source.
(f) All moneys expended from the fund after receipt of federal financial participation shall be
allocated to reimbursement of inpatient charges and fees of eligible disproportionate share
hospitals. Except for the payment of administrative costs as provided for in this section,
appropriation from this fund for any other purposes is void.

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