WEST virginia legislature

2024 first extraordinary session

Enrolled

Senate Bill 1001

By Senators Blair (Mr. President) and Woelfel

[By Request of the Executive]

[Passed May 21, 2024; in effect from passage]

AN ACT supplementing and amending the appropriations of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Health, Department of Health – Central Office, fund 0407, fiscal year 2025, organization 0506, Office of the Inspector General, fund 0437, fiscal year 2025, organization 0513, Department of Health, Consolidated Medical Services Fund, fund 0525, fiscal year 2025, organization 0506, Department of Human Services, Division of Human Services, fund 0403, fiscal year 2025, organization 0511, by supplementing and amending the appropriations for the fiscal year ending June 30, 2025, by adding new items of appropriation.

WHEREAS, The Governor submitted the Executive Budget Document to the Legislature on January 10, 2024, containing a statement of the State Fund, General Revenue, setting forth therein the cash balance as of July 1, 2023, and further included the estimate of revenue for the fiscal year 2025, less net appropriation balances forwarded and regular appropriations for the fiscal year 2025;

WHEREAS, The Governor submitted to the Legislature an Executive Message dated May 19, 2024, and included a Statement of the State Fund, General Revenue, for the fiscal year 2025; and

WHEREAS, It appears from the Statement of the State Fund, General Revenue, there remains an unappropriated balance in the State Treasury which is available for appropriation during the fiscal year ending June 30, 2025; therefore

Be it enacted by the Legislature of West Virginia:

That Chapter 11, Acts of the Legislature, Regular Session, 2024, known as the budget bill, fund 0407, fiscal year 2025, organization 0506, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HEALTH

57. - Department of Health –

Central Office

(W.V. Code Chapter 16)

Fund 0407 FY 2025 Org 0506

General

Appro- Revenue

priation Fund

Personal Services and Employee Benefits 00100 $ 3,362,243

Salary and Benefits of Cabinet Secretary

and Agency Heads 00201 358,400

Unclassified 09900 6,459

Current Expenses 13000 225,201

Capital Outlay and Maintenance (R) 75500 70,000

BRIM Premium 91300 169,791

Department of Health Reserve XXXXX 5,013,844

Total $ 9,205,938

Any unexpended balances remaining in the appropriations for Capital Outlay and Maintenance (fund 0407, appropriation 75500), Emergency Response Entities – Special Projects (fund 0407, appropriation 82200),  Tobacco Education Program (fund 0407, appropriation 90600), and Pregnancy Centers – Surplus (fund 0407, appropriation 49999) at the close of the fiscal year 2024 are hereby reappropriated for expenditure during the fiscal year 2025.

Any unexpended balances remaining in the appropriation Chief Medical Examiner (fund 0407, appropriation 04500) at the close of fiscal year 2024 shall be transferred to Chief Medical Examiner appropriation (fund 0432, appropriation 04500).

Any unexpended balances remaining in the appropriation Safe Drinking Water Program (fund 0407, appropriation 18700) at the close of fiscal year 2024 shall be transferred to Environmental Health Services appropriation (fund 0417, appropriation 30002).

Any unexpected balances remaining in the appropriation Statewide EMS Program Support (fund 0407, appropriation 38300) at the close of fiscal year 2024 shall be transferred to Statewide EMS Program Support appropriation (fund 0434, appropriation 38300).

Any unexpended balances remaining in the appropriation Office of Medical Cannabis (fund 0407, appropriation 42001) at the close of fiscal year 2024 shall be transferred to Office of Medical Cannabis appropriation (fund 0427, appropriation 42001).

Any unexpended balances remaining in the appropriation Office of Medical Cannabis – Surplus (fund 0407, appropriation 42099) at the close of fiscal year 2024 shall be transferred to Office of Medical Cannabis – Surplus appropriation (fund 0427, appropriation 42099).

Any unexpended balances remaining in the appropriation Vaccine for Children (fund 0407, appropriation 55100) at the close of fiscal year 2024 shall be transferred to Vaccine for Children appropriation (fund 0418, appropriation 55100).

Any unexpended balances remaining in the appropriation Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees (fund 0407, appropriation 57500) at the close of fiscal year 2024 shall be transferred to the Maternal and Child Health Clinics, Clinicians and Medical Contracts and Fees appropriation (fund 0405, appropriation 57500).

Any unexpended balances remaining in the appropriations Office of Drug Control Policy (fund 0407, appropriation 35401) at the close of fiscal year 2024 shall be transferred to Office of Drug Control Policy (fund 0403, appropriation 35401).

Any unexpended balances remaining in the appropriations Office of Drug Control Policy – Surplus (fund 0407, appropriation 35402) at the close of fiscal year 2024 shall be transferred to Office of Drug Control Policy – Surplus (fund 0403, appropriation 35402).

Notwithstanding the provisions of Title I, section three of this bill, the Secretary of the Department of Health shall have the authority to transfer funds within the above appropriations: Provided, That no more than five percent of the funds appropriated to one appropriation may be transferred to other appropriations: Provided, however, That no funds from other appropriations shall be transferred to the Personal Services and Employee Benefits appropriation: Provided, further, notwithstanding the above, That for Fiscal Year 2025 the Secretary of the Department of Health shall have additional authority to transfer appropriations between Personal Services and Employee Benefits and other dedicated appropriations within the respective departments to effectuate the 5 percent average salary increases granted during the 2024 regular legislative session: Provided, further, notwithstanding the above, That for Fiscal Year 2025 the Secretary of Health shall have the authority to make transfers from the Department of Health Reserve (fund 0407, appropriation XXXXX) appropriation to any general revenue funds under the department. The Secretary shall submit a monthly report to the Joint Committee on Government and Finance beginning on August 1, 2024, on transfers made from the Department of Health Reserve appropriation. The report shall provide an individual accounting on each transfer of funds out of the Department of Health Reserve appropriation, including the fund and appropriation to which the transfer was made and a detailed explanation of the need for the transfer. At the request of the co-chairs, the report shall be presented in person to the Joint Committee on Government and Finance.

Any unexpended balance remaining in the appropriation Department of Health Reserve (fund 0407, appropriation XXXXX) as of March 31, 2025, shall revert to the unappropriated surplus balance of General Revenue.

And, That Chapter 11, Acts of the Legislature, Regular Session, 2024, known as the budget bill, fund 0437, fiscal year 2025, organization 0513, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HEALTH

78. - Office of the Inspector General

(W.V. Code Chapter 16B)

Fund 0437 FY 2025 Org 0513

General

Appro- Revenue

priation Fund

Personal Services and Employee Benefits 00100 $ 5,583,690

Unclassified 09900 57,469

Current Expenses 13000 1,583,603

Total $ 7,224,762

From the above appropriation for Current Expenses (fund 0437, appropriation 13000), $73,065 shall be used for informal dispute resolution relating to nursing home administrative appeals and $650,000 shall be transferred to OIG fund 5209.

And, That Chapter 11, Acts of the Legislature, Regular Session, 2024, known as the budget bill, to fund 0525, fiscal year 2025, organization 0506, be supplemented and amended to add a new item of appropriation:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HEALTH

79A - Consolidated Medical Services Fund

(W.V. Code Chapter 16)

Fund 0525 FY 2025 Org 0506

Any unexpended balances remaining in the appropriations for Behavioral Health Program – Surplus (fund 0525, appropriation 63100) at the close of the fiscal year 2024 are hereby reappropriated for expenditure during the fiscal year 2025.

And, That Chapter 11, Acts of the Legislature, Regular Session, 2024, known as the budget bill, fund 0403, fiscal year 2025, organization 0511, be supplemented and amended to read as follows:

Title II – Appropriations.

Section 1. Appropriations from general revenue.

DEPARTMENT OF HUMAN SERVICES

80. - Division of Human Services

(W.V. Code Chapters 9, 48, and 49)

Fund 0403 FY 2025 Org 0511

General

Appro- Revenue

priation Fund

Personal Services and Employee Benefits 00100 $ 32,554,845

Salary and Benefits of Cabinet Secretary and

Agency Heads 00201 159,250

Unclassified 09900 5,120,050

Current Expenses 13000 5,557,409

Child Care Development 14400 3,138,536

Jobs & Hope 14902 2,357,000

Social Services 19500 46,136

Behavioral Health Program (R) 21900 66,864,419

Family Resource Networks 27400 1,762,464

Substance Abuse Continuum of Care (R) 35400 1,656,000

Office of Drug Control Policy (R) 35401 567,875

James "Tiger" Morton Catastrophic Illness Fund 45500 373,424

In-Home Family Education 68800 1,000,000

WV Works Separate State Program 69800 1,381,500

Child Support Enforcement 70500 6,227,186

Temporary Assistance for Needy Families/

Maintenance of Effort 70700 23,237,186

Child Care – Maintenance of Effort Match 70800 5,693,743

Capital Outlay and Maintenance (R) 75500 11,875

Medical Services Administrative Costs 78900 58,017

Indigent Burials (R) 85100 1,550,000

CHIP Administrative Costs 85601 633,107

CHIP Services 85602 12,122,368

BRIM Premium 91300 945,891

Children’s Trust Fund – Transfer 95100 220,000

Department of Human Services Reserve XXXXX 183,437,463

Total $ 356,675,744

Any unexpended balances remaining in the appropriations for Behavioral Health Program (fund 0403, appropriation 21900), Substance Abuse Continuum of Care (fund 0403, appropriation 35400), Office of Drug Control Policy (fund 0403, appropriation 35401), Capital Outlay and Maintenance (fund 0403, appropriation 75500), Indigent Burials (fund 0403, appropriation 85100), and Office of Drug Control Policy – Surplus (fund 0403, appropriation 35402) at the close of the fiscal year 2024 are hereby reappropriated for expenditure during the fiscal year 2025.

Notwithstanding the provisions of Title I, section three of this bill, the Secretary of the Department of Human Services shall have the authority to transfer funds within the above appropriations:  Provided, That no more than five percent of the funds appropriated to one appropriation may be transferred to other appropriations:  Provided, however, That no funds from other appropriations shall be transferred to the Personal Services and Employee Benefits appropriation: Provided, further, notwithstanding the above, That for Fiscal Year 2025 the Secretary of the Department of Human Services shall have additional authority to transfer appropriations between Personal Services and Employee Benefits and other dedicated appropriations within the respective departments to effectuate the 5 percent average salary increases granted during the 2024 regular legislative session: And provided, further, notwithstanding the above, That for Fiscal Year 2025 the Secretary of Human Services shall have the authority to make transfers from the Department of Human Services Reserve (fund 0403, appropriation XXXXX) appropriation to any general revenue funds under the department: And provided, further, notwithstanding the above, That no funds may be transferred from Fund 0485, FY 2025 Org 0511 Bureau for Medical Services - Home and Community Based Waiver Programs to any other appropriation. The Secretary shall submit monthly report to the Joint Committee on Government and Finance beginning on August 1, 2024, on transfers made from the Department of Human Services Reserve appropriation. The report shall provide an individual accounting on each transfer of funds out of the Department of Human Services appropriation, including the fund and appropriation to which the transfer was made and a detailed explanation of the need for the transfer. At the request of the co-chairs, the report shall be presented in person to the Joint Committee on Government and Finance.

The Secretary shall have authority to expend funds for the educational costs of those children residing in out-of-state placements, excluding the costs of special education programs.

Any unexpended balance remaining in the appropriation Department of Human Services  Reserve (fund 0403, appropriation XXXXX) as of March 31, 2025, shall revert to the unappropriated surplus balance of General Revenue.

The above appropriation for James "Tiger" Morton Catastrophic Illness Fund (fund 0403, appropriation 45500) shall be transferred to the James "Tiger" Morton Catastrophic Illness Fund (fund 5454) as provided by Article 5Q, Chapter 16 of the W.V. Code.

The above appropriation for WV Works Separate State Program (fund 0403, appropriation 69800) shall be transferred to the WV Works Separate State College Program Fund (fund 5467) and the WV Works Separate State Two-Parent Program Fund (fund 5468) as determined by the Secretary of the Department of Human Services.

From the above appropriation for Child Support Enforcement (fund 0403, appropriation 70500), an amount not to exceed $300,000 may be transferred to a local banking depository to be utilized to offset funds determined to be uncollectible.

Included in the appropriation for Behavioral Health Program (fund 0403, appropriation 21900), is $100,000 for Recovery Point of Huntington.  

The above appropriation for Children’s Trust Fund – Transfer (fund 0403, appropriation 95100) shall be transferred to the Children’s Trust Fund (fund 5469).

From the above appropriation for Substance Abuse Continuum of Care (fund 0403, appropriation 35400), the funding will be consistent with the goal areas outlined in the Comprehensive Substance Abuse Strategic Action Plan.