The House Committee on Health and Human Resources had a consideration of two pieces of legislation at 2 p.m. on Thursday, Feb 7 in 215-E. Both bills were advanced through the committee for a second reference to the House Judiciary Committee.

The first bill considered was House Bill 2801, a bill to require abortions performed in the state to be performed by a licensed physician. A strike-and-insert amendment to House Bill 2801 was proposed at the beginning of the committee meeting that was unanimously accepted. As amended, House Bill 2801 specifies that surgical abortion procedures must be performed by a licensed physician, thus preventing nurses from performing surgeries they’re not licensed to perform.

House Bill 2801 was approved by the committee with amendment, and with recommendation that it pass. The bill will go to the House Judiciary Committee for second reference.

The second bill on the agenda for consideration was House Bill 2867, a bill that would move the Medicare Fraud Control Unit from the jurisdiction of the WV Inspector General’s Office to the WV Attorney General’s Office.

Jolynn Marra, the Director of the Office of Health Facility and Licensure Certification (OHFLAC) and Interim Inspector General, attested to the success that the Medicare Fraud Control Unit has recently had in the state.

“We return $4.98 for every dollar spent in this program,” Marra said. “This unit does a fantastic job, especially with our new director. The numbers speak for themselves.”

WV Attorney General Patrick Morrissey was present to testify as to why House Bill 2867 should be passed, and why the Medicare Fraud Control Unit should be transferred to his office.

“The Attorney General’s Office is experienced,” Morrisey said. “We are a very visible fraud-fighting entity, and we’ve had a lot of success pursuing consumer fraud in the state.”

Morrisey elaborated that 43 other states have their Medicaid Fraud Control Units underneath the jurisdiction of Attorney General Offices, and that the addition of West Virginia’s program to the WV Attorney General Office would increase transparency, and strengthen national relations.

Several delegates spoke in favor of the transfer that House Bill 2867 should pass.

Delegate Amy Summers, R-Taylor, spoke in favor of the bill, arguing that it reduces transparency for the Medicaid Control Fraud Unit to be under jurisdiction of the Inspector General’s office, and office that reports to the Department of Health and Human Resources.

“I just feel it’s inappropriate that this office investigates a program administered by the agency they report to,” Summers said. “It feels a bit like a fox is in the hen house.”

Several other delegates had some concern regarding political motives, and the need for the transfer to occur in the first place.

Delegate Mike Pushkin, D-Kanawha, argued against House Bill 2867, saying that a politically affiliated office such as the Attorney General should not have power over how Medicaid fraud claims are handled.

Delegate Barbara Fleischauer, D-Monongalia, also was skeptical of the bill’s passage.

“I’ll be voting no because as the Director of OHFLAC stated, we are currently getting an excellent return on investment,” Fleischauer said. “The office is very successful right now. If it isn’t broke, don’t fix it.”

Despite a lengthy discussion, the bill was advanced by the committee in a close 12-11 vote.

House Bill 2867 was advanced to the House Floor with the recommendation that it pass, but first receive consideration from the House Judiciary Committee.