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West VirginiaSB 6502026 Regular SessionSenateWALLET

Designating psychiatric hospital that treats exclusively civil and forensic patients

Sponsored By: Ben Queen (Republican)

Became Law

§11-27-38

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

New hospital tax funds Medicaid payments

Eligible acute care hospitals pay a new 0.75% tax on gross receipts. The state can raise the rate as needed, up to the federal limit. The Bureau for Medical Services calculates allowable rates, and the Tax Commissioner gives at least 30 days’ notice. New rates start on the first day of the next calendar quarter. After CMS approval, only state‑owned or state‑designated hospitals are excluded. A psychiatric hospital is state‑designated if over 95% of its inpatients are court‑ordered forensic or civil commitments. These tax rules take effect when CMS approves the 2024 state plan amendment.

Hospital tax money goes to Medicaid

Money from the hospital tax goes into the Medicaid State Share Fund. The Tax Commissioner must deposit collections into a special enhancement account within 15 days. The funds can only support West Virginia Medicaid and the directed payment program. Any money left on June 30 each year moves to the Medical Services Fund by September 30 and is available that fiscal year. These rules start when CMS approves the 2024 state plan amendment.

CMS approval and stop rules for hospital tax

The hospital tax and related rules start only after CMS approves the 2024 state plan amendment. The state must stop the tax right away if Congress, a court, or an agency action disqualifies the tax for federal Medicaid matching, or if payments are not used as required. These guardrails protect the federal match and prevent collecting a tax that cannot support Medicaid.

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Sponsors & Cosponsors

Sponsor

  • Ben Queen

    Republican • Senate

Cosponsors

  • Anitra Hamilton

    Democratic • House

  • Tom Takubo

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 258 • No: 0

House vote • 3/9/2026

Effective from passage (Roll No. 366)

Yes: 96 • No: 0

House vote • 3/9/2026

Passed House (Roll No. 365)

Yes: 96 • No: 0

Senate vote • 3/4/2026

Effective from passage (Roll No. 337)

Yes: 33 • No: 0

Senate vote • 3/4/2026

Passed Senate (Roll No. 336)

Yes: 33 • No: 0

Actions Timeline

  1. Became law 4/2/2026

    4/2/2026Senate

  2. Became law without Governor's signature - Senate Journal

    4/2/2026Senate

  3. Became law without Governor's signature- House Journal

    3/14/2026House

  4. To Governor 3/11/2026

    3/11/2026Senate

  5. House Message received

    3/10/2026Senate

  6. On 3rd reading, Special Calendar

    3/9/2026House

  7. Read 3rd time

    3/9/2026House

  8. Passed House (Roll No. 365)

    3/9/2026House

  9. Effective from passage (Roll No. 366)

    3/9/2026House

  10. Communicated to Senate

    3/9/2026House

  11. Completed legislative action

    3/9/2026House

  12. On 2nd reading, Special Calendar

    3/6/2026House

  13. Read 2nd time

    3/6/2026House

  14. House received Senate message

    3/5/2026House

  15. Introduced in House

    3/5/2026House

  16. To Finance

    3/5/2026House

  17. To House Finance

    3/5/2026House

  18. Reference dispensed

    3/5/2026House

  19. Immediate consideration

    3/5/2026House

  20. Read 1st time

    3/5/2026House

  21. On 3rd reading

    3/4/2026Senate

  22. Read 3rd time

    3/4/2026Senate

  23. Passed Senate (Roll No. 336)

    3/4/2026Senate

  24. Effective from passage (Roll No. 337)

    3/4/2026Senate

  25. Ordered to House

    3/4/2026Senate

Bill Text

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