Department of health review.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0338

ENROLLED ACT NO. 99, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to the department of health; providing for a review of the department of health; providing findings; creating a joint legislative-executive committee to review programs and policies of the department; specifying membership and duties of the committee; specifying scope of the review; requiring a report; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)

The legislature finds:

(i)

That the department of health's budget has increased significantly over the last few bienniums, particularly in the area of health care;

(ii)

The current budget review process within the executive branch appears to be inadequate to assess the increasing costs and determining an accurate forecast for budgetary planning;

(iii)

A joint legislative-executive committee will assist the executive branch in a review of the department of health's expenditures and fiscal administration.

(b)

There is appropriated from the general fund to the legislative service office seventy-five thousand dollars ($75,000.00) to be used to establish and support a joint legislative-executive committee to review the governor's fact-finding report and recommendations, dated October, 2004, with respect to the department of health's fiscal policies and administration, and to conduct a follow-up review of the issues presented in that report and related issues.

(c)

The committee shall consist of eleven (11) members, including:

(i)

Three (3) members of the Wyoming house of representatives, with not more than two (2) members from the same political party. The members shall be appointed by the speaker of the house, who shall also appoint one (1) of the members as cochairman of the committee. One (1) member each shall be from:

(A)

The house l
abor, health and social services committee;

(B)

The house appropriations committee;

(C)

Among the house members of the management audit committee.

(ii)

Three (3) members of the Wyoming senate, with not more than two (2) members from the same political party. The members shall be appointed by the president of the senate, who shall also appoint one (1) of the members as cochairman of the committee. One (1) member each shall be from:

(A)

The senate l
abor, health and social services committee;

(B)

The senate appropriations committee;

(C)

Among the senate members of the management audit committee.

(iii)

Five (5) members appointed by the governor as follows:

(A)

Two (2) members from the private sector, at least one (1) of whom is employed as an accountant familiar with state accounting and budgetary practices;

(B)

One (1) member representing the Wyoming department of administration and information;

(C)

One (1) member representing the Wyoming state auditor's office;

(D)

One (1) member who is employed in the governor's office.

(d)

Members of the task force shall be paid as follows:

(i)

Legislative members of the committee shall be paid salary, per diem and travel expenses as provided in W.S. 28
‑
5
‑
101 for their official duties as members of the committee;

(ii)

State employees serving on the task force shall receive no additional compensation for serving on the task force, but shall be paid as provided in W.S. 9
‑
3
‑
102 and 9
‑
3
‑
103 for travel and per diem expenses incurred for their official duties as members of the task force;

(iii)

All other members of the task force shall be paid as provided in W.S. 9
‑
3
‑
102 and 9
‑
3
‑
103 for travel and per diem expenses incurred for their official duties as members of the task force.

(e)

State agencies shall provide information and other support to the committee as requested. The legislative service office shall staff the committee. The committee shall meet as often as necessary and shall report with recommendations to the joint labor, health and social services interim committee and the joint appropriations interim committee not later than September 1, 2005.

(f)

The committee shall conduct a comprehensive review of the department of health and all programs administered by the department. The review shall include, but not be limited to, review of:

(i)

The fiscal accountability of the department and its programs;

(ii)

The budget accountability of the department and its programs;

(iii)

The functionality of the department's management team to make changes necessary to accommodate a stewardship approach to management of the department's budget as part of the overall state budget;

(iv)

The accountability and final authority of the Medicaid program in the areas of:

(A)

How the Medicaid program is expanding;

(B)

How Medicaid policy is developed;

(C)

How policy is implemented and enforced;

(D)

How the management of the Medicaid program is structured to supervise staff in each of its related programs.

(v)

The audit policies and procedures used by the department for its programs;

(vi)

The process for review and authorization of claims, payment to providers and mechanisms to override established policies;

(vii)

The quality assurance and utilization of services review efforts of the department to address effectiveness and consistency with written policy;

(viii)

The use and effectiveness of prior authorization policies;

(ix)

The eligibility for, limits of and waiver procedures for adult and children programs administered by the department;

(x)

The department's state plans required by federal programs;

(xi)

The department's federally funded accounts;

(xii)

Recent intra-agency, state and federal audits and reviews of the department;

(xiii)

The projected schedule for state and federal audits of the department;

(xiv)

The structure and organization of the department with respect to the implementation of policies and procedures;

(xv)

Any other matters the committee considers relevant.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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