ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 109
(By Senator Oliverio)
____________
(Originating in the Committee on Health and Human Resources;
reported on March 28, 1997.)
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A BILL to amend chapter twenty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article
eighteen, relating to creation of the personal assistance
act; short title; legislative policy; establishment of
program; designating the state department of health and
human resources as the responsible state agency; designating
the West Virginia statewide independent living council as
the organization responsible for programs, funding and
rules; and reports.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article eighteen, to
read as follows:
ARTICLE 18. PERSONAL ASSISTANCE ACT.
§27-18-1. Short title.
This article shall be known and may be cited as the "Ron
Yost Personal Assistance Services Act."
§27-18-2. Declaration of policy.
It is hereby declared to be the public policy of this state
that:
(a) The increased availability of personal assistance
services for persons with disabilities will enable them to live
in their own homes and communities;
(b) Recipients of personal assistance will be those with
severe disabilities, including mental, sensory, and/or physical
impairments who are in danger of being moved from the living
arrangement of their choice to a restrictive setting;
(c) Recipients of personal assistance have the right to make
decisions regarding and to control the provision of their
personal assistant services. This includes, but is not limited
to, hiring, training, managing, paying and terminating of an
assistant's employment;
(d) The West Virginia statewide independent living council
shall have within its framework the following five basic principles:
(1) Services shall be available where they are needed,
either at home or in the community;
(2) Services shall be available when they are needed, as
scheduled or on an emergency basis;
(3) Recipients shall contribute to the cost of services
based on their ability to pay;
(4) Recipients shall be granted control over their services
to the fullest extent possible, including how, when and by whom
services shall be provided; and
(5) Eligibility shall be based on functional needs rather
than medical diagnosis.
(e) Personal assistance services shall be available on a
statewide basis.
§27-18-3. Definitions.
The following words and phrases when used in this article
have the meanings given to them in this section unless the
context clearly indicates otherwise:
(a) "Personal assistance services" means:
(1) Those basic and ancillary services which enable eligible
individuals to live in their homes and communities rather than in
institutions or other restrictive settings and to carry out
functions of daily living, self-care, and mobility;
(2) Basic services include, but are not limited to:
(A) Getting in and out of a bed, wheelchair or motor
vehicle;
(B) Assistance with routine bodily functions, including, but
not limited to:
(i) Health maintenance activities;
(ii) Bathing and personal hygiene;
(iii) Dressing and grooming; and
(iv) Eating, including preparation and cleanup.
(b) "Personal assistant" means an individual of the
recipient's choice who provides personal assistance services for
the eligible individual.
(c) "Recipient or Consumer" means any individual with a
physical, mental or sensory impairmehnt which affects one or more
major life activity who meets all of the following requirements:
(1) Experiences any physical, mental and/or sensory
impairment which can be expected to recur or last for a period of
not less than twelve months as determined by the evaluation
conducted by functional assessment. The consumer board
established by the West Virginia statewide independent living
council shall have the responsibility of determining eligibility
based on the findings of these assessments.
(2) Is capable of selecting, supervising and, if needed,
terminating the employment of an assistant, or has a designated individual to assume those responsibilities, with support from
the West Virginia statewide independent living council when
necessary;
(3) Is capable of managing his or her own financial and
legal affairs, or has a designated individual to assume those
responsibilities, with support from the West Virginia statewide
independent living council when necessary; and
(4) Requires assistance to complete functions of daily
living, self-care and mobility, including, but not limited to,
those functions included in the definition of personal assistance
services.
§27-18-4. Program.
(a) Oversight responsibility for compliance with the
purposes of this act shall reside with the department of health
and human resources; oversight and administration of the personal
assistance services program will be the responsibility of the
West Virginia statewide independent living council.
(b) The West Virginia statewide independent living council
shall establish a five-member consumer board to develop the
programs of personal assistance services for recipients. The
board shall be composed of individuals receiving personal
assistance services or those with disabilities:
Provided, That
one member of the consumer board shall be a representative of the West Virginia statewide independent living council with a
disability.
(c) Determination of eligibility and the need for personal
assistance services shall be based on assessments conducted using
a tool developed by the West Virginia statewide independent
living council. Each consumer assessment shall include a written
report which shall be filed with the West Virginia statewide
independent living council.
(d) Each personal assistant shall work as needed:
Provided,
That no recipient shall be reimbursed for services in excess of
forty hours per week.
(e) The West Virginia statewide independent living council
shall develop a waiting list for those eligible individuals who
cannot be served immediately.
§27-18-5. Funding.
(a) Funds made available under this article shall be used
only for the planning, designing, delivering and administering of
personal assistance services and training.
(b) Programs for personal assistance services, under this
article, shall use program funds from a number of sources,
including state and federal funds. The West Virginia statewide
independent living council shall apply for and use all available
funding sources to carry out the program of personal assistance services under this article.
(c) Funds shall be disbursed in a manner which ensures
maximum consumer control with the service of the program.
(d) Personal assistance services shall be available only to
the extent funding is available through appropriations of state,
federal and other allotted funds..
§27-18-6. Rules.
The West Virginia statewide independent living council, as
directed by the consumer board, shall propose such rules as may
be necessary for the effective administration of this article,
including a sliding scale for funding reimbursement based on the
recipient's ability to contribute to the cost of services.
§27-18-7. Report.
An annual report on program services shall be filed with the
legislature and shall include a summary of the personal
assistance services provided under this article and
recommendations regarding the program for upcoming fiscal years.