WEST virginia legislature
2020 regular session
House Bill 4822
By Delegate Hill
[Introduced February 11, 2020; Referred to the Committee on Health and Human Resources]
A BILL to amend and reenact §16-5B-5a and §16-5B-6a of the Code of West Virginia, 1931, as amended, all relating to the licensure of hospitals; permitting hospitals to use other accrediting organizations which have been approved by the Centers for Medicare and Medicaid Services for accrediting purposes; clarifying and updating the number of consumer representatives on a hospital’s board of directors; and transferring certain enforcement authority from the Director of Health to the Secretary of Department of Health and Human Resources.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-5a. Accreditation reports accepted for periodic license inspections.
Notwithstanding any other
provision of this article, a periodic license inspection shall not be conducted
state Department of Health and Human Resources for a hospital if
the hospital has applied for and received an exemption from that requirement: Provided,
That no exemption granted diminishes the right of the state Department
of Health and Human Resources to conduct complaint inspections: Provided,
however, That no exemption granted relieves a hospital from compliance with
§16-5B-6a of this code.
of Health and Human Resources shall grant an exemption from a periodic license
inspection during the year following accreditation if a hospital applies by
submitting evidence of its accreditation by the joint commission on
accreditation of health care organizations, or the American osteopathic
association or any accrediting organization approved by the Centers for
Medicare and Medicaid Services and submits a complete copy of the commission's
accrediting organization’s accreditation report.
If the accreditation of a
hospital is for a period longer than one year, the
state Department of
Health and Human Resources may conduct at least one license inspection of the
hospital after the first year of accreditation and before the accreditation has
expired and may conduct additional license inspections if needed. Hospitals
receiving a three-year accreditation shall conduct annual self-evaluations
using the current year accreditation manual for hospitals (AMH) unless the
state Department of Health and Human Resources informs the hospital that
the hospital will be inspected by the state Department of Health and Human
Resources. Hospitals are not required to conduct self-evaluations for any
calendar year during which they are inspected by the state Department of
Health and Human Resources. These self-evaluations shall be completed and
placed on file in the hospital by the thirty-first day of March of each year.
Hospitals shall make the results of the self-evaluation available to the state
Department of Health and Human Resources if requested.
Accreditation reports filed
state Department of Health and Human Resources shall be treated
as confidential in accordance with §16-5B-10 of this code.
representatives on hospital boards of directors.
(a) The Legislature declares that a crisis in health care costs exists, that one important approach to deal with this crisis is to have widespread citizen participation in hospital decision making and that many hospitals in West Virginia exclude from their boards important categories of consumers, including small businesses, organized labor, elderly persons and lower-income consumers. The Legislature further declares that nonprofit hospitals receive such major revenue from public sources and are so crucial in health planning and development that it is necessary to require consumer representatives on their boards of directors. Therefore, the Legislature determines that nonprofit hospitals and hospitals owned by local governments should have boards of directors representative of the communities they serve.
(b) As used in this section, “applicable hospitals” means all nonprofit hospitals and all hospitals owned by a county, city or other political subdivision of the State of West Virginia.
(c) At least 40 percent of
the boards of directors of applicable hospitals shall
on or before July 1,
1984 be composed of an equal portion of consumer representatives
from each of the following four consumer categories: small
businesses, organized labor, elderly persons, and persons whose income is less
than the national median income. When a board of directors has fewer than
eight members, it will not be required to be composed of more consumer
representatives than are necessary to achieve 40 percent. The composition of
the consumer representative members of any board of directors must be
representative of as many consumer categories as possible and no
representatives in any one consumer category may exceed the number of consumer
representatives in any other category by more than one. Special
consideration shall be made to select women, racial minorities and handicapped
(d) The provisions of this
section may be enforced by the
director of health secretary of the
department, or by any citizen resident, or by any citizen of
the county wherein any offending hospital is located, by the filing of an
action at law in the circuit court of such county.
NOTE: The purpose of this bill is to permit hospitals to use other accrediting organizations which have been approved by the Centers for Medicare and Medicaid Services for accrediting purposes. The bill clarifies and updates the number of consumer representatives on a hospital’s board of directors. The bill transfers certain enforcement authority from the Director of Health to the Secretary of Department of Health and Human Resources.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.