SB106 SUB1 Senate Bill 106 History

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SB106 SUB1


Senate Bill No. 106

(By Senators McCabe, Miller, Cann, Jenkins, Laird, Stollings and Beach)


[Originating in the Committee on Government Organization;

reported March 7, 2013.]                              


A BILL to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to the in-home care registry maintained by the Bureau of Senior Services; eliminating the requirement of a rule-established fee schedule; and requiring in-home care registry applicants to obtain a criminal background check as determined in legislative rule by the bureau.
Be it enacted by the Legislature of West Virginia:
    That §16-5P-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§16-5P-15. Establishment of In-home Care Registry.

    (a) There is established continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have passed obtained a criminal background check, as determined in legislative rule by the bureau
    (b) "In-home care worker" means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.
    (c) The bureau shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish the following:
    (1) The registry of in-home care workers;
    (2) The requirements for inclusion on the registry as an 'in-home care worker,' including educational attainment;
    (3) A fee schedule of proposed rates for those services and supports provided by the in-home care worker based upon qualifications of the in-home care workers, such as educational attainment;
(4) Requirement of completion and passage (3) Requiring an applicant to obtain of a state or federal criminal background check, as determined in legislative rule by the bureau; consisting of checking the National Instant Criminal Background Check System and the West Virginia criminal history record responses. If an in-home care worker is included on the list with a criminal history indicated on his or her criminal back ground check, that information shall be noted on the registry. The bureau may not remove a person from the registry if the criminal background check reveals any negative information;
(5) (4) How a person obtains information from the registry; and
    (6) (5) Any other requirement necessary to implement the provisions of this section.
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