WEST virginia legislature

2020 regular session

Enrolled

Senate Bill 767

By Senators Maroney, Tarr, and Roberts

[Passed March 5, 2020; in effect 90 days from passage]

AN ACT to repeal §16-5B-6a of the Code of West Virginia, 1931, as amended; and to amend and reenact §16-5B-5a of said code, relating to the licensure of hospitals; allowing hospitals to use other accrediting organizations which have been approved by the Centers for Medicare and Medicaid Services; and eliminating hospital board composition requirements.

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 by the 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 Department of Health and Human Resources to conduct complaint inspections.

The Department 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  accrediting organization’s accreditation report.

If the accreditation of a hospital is for a period longer than one year, the 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 unless the Department of Health and Human Resources informs the hospital that the hospital will be inspected by the 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 Department of Health and Human Resources. These self-evaluations shall be completed and placed on file in the hospital by March 31 of each year. Hospitals shall make the results of the self-evaluation available to the Department of Health and Human Resources if requested.

Accreditation reports filed with the Department of Health and Human Resources shall be treated as confidential in accordance with §16-5B-10 of this code.

§16-5B-6a. Consumer majorities on hospital boards of directors.

[Repealed.]