West Virginia Code § 9-5-27

Transitioning foster care into managed care
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(a) "Eligible services" means acute care, including medical, pharmacy, dental, and
behavioral health services.
(b) The secretary shall transition to a capitated Medicaid program for a child classified as a
foster child and a child placed in foster care under Title IV-E of the Social Security Act who
is living in the state by January 1, 2020. The program shall be statewide, fully integrated,
and risk based; shall integrate Medicaid-reimbursed eligible services; and shall align
incentives to ensure the appropriate care is delivered in the most appropriate place and
time. u
(c) The secretary shall make payments for the eligible services, including home and
community-based services, using a managed care model.
(d) The secretary shall submit, if necessary, applications to the United States Department of
Health and Human Services for waivers of federal Mledicaid requirements that would
otherwise be violated in the implementation osf the program and shall consolidate any
additional waivers where appropriate: Provided, That this subsection does not apply to the
Aged and Disabled Waiver, the Intellectuail/Developmental Disabilities Waiver, and the
Traumatic Brain Injury Waiver. g
(e) If a selected managed care organization ceases to contract to provide Medicaid managed
care services, it must provide all patient records, including medical records, to the next
selected managed care organization to ensure the Eligible Medicaid Beneficiaries do not
experience an interruption in care.
(f) In designing the p rogram, the secretary shall ensure that the program:
(1) Reduces fragmentation and offers a seamless approach to meeting participants' needs;
(2) Delivers needed supports and services in the most integrated, appropriate, and cost-
effective way possible;
(3) Offers a continuum of acute care services, which includes an array of home and
community-based options; and
(4) Includes a comprehensive quality approach across the entire continuum of care services;
(g) An employee of the department who, as a function of that employment, has engaged in
the development of any contract developed pursuant to the requirements of this section may
not for a period of two years thereafter be employed by any agency or company that has
benefitted or stands to benefit directly from a contract between the department and that
agency or company.
(h) Any managed care company selected as the managed care contractor pursuant to the
provisions of this article shall have at least 80 percent of the total full-time equivalent
positions allocated to manage care of foster children in West Virginia according to the
contract must have a primary workplace in the state of West Virginia.

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