H. B. 2444
(By Delegates Campbell, Border, Perdue,
Webster and White)
[Introduced February 16, 2009; referred to the
Committee on Senior Citizen Issues then Government
Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-29J-1, §16-29J-2,
§16-29J-3, §16-29J-4 and §16-29J-5, all relating to the
creation of the Legislative Oversight Commission on Long-Term
Care, establishing membership, responsibilities, giving
subpoena power, and establishing reporting requirements.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-29J-1, §16-29J-2,
§16-29J-3, §16-29J-4 and §16-29J-5, all to read as follows:
ARTICLE 29J. LEGISLATIVE OVERSIGHT COMMISSION ON LONG-TERM CARE.
§16-29J-1. Findings.
(a) In West Virginia, we have the highest rate of disability
in the nation at twenty-three percent of the general population and
forty-eight percent of senior citizens report having some type of disability.
(b) West Virginia is in a critical position to respond to the
growing elderly and disabled population in a timely manner to
prevent a real crisis in availability of services and a quality and
efficient system.
(c) There is a national movement to rebalance the long-term
care system so that citizens have a real choice in how they will
live their lives whether in community-based programs or
institutional programs.
(d) An efficient and effective LTC system supports two goals
of long-term care:
(1) To support people being able to live in their own homes
within their home community for as long as possible; and
(2) To enable people to return to community living after
institutional settings as soon as possible.
(e) It is of great importance that the array of services
actually meets the needs of the citizens and have a degree of
flexibility that is critical to meeting individual needs and
desires.
(f) The Olmstead decision requires a state to administer
services, program and activities in the most integrated setting
appropriate to the needs of the individual. The Olmstead Plan in
West Virginia approved by executive order has some key elements
that include: Informed choice, elimination of institutional bias, self direction which supports individuals making their own
decisions rather than having decisions imposed on them by funding
mechanisms or the delivery system, and quality.
(g) West Virginia has made substantial efforts to improve the
long-term care system and has created new programs in recent years
to fill the gaps. Yet there continues to be inconsistencies
throughout the state in terms of availability of services, a lack
of flexibility to create programs around the recipients needs and
a lack of a seamless system of care.
§16-29J-2. Definitions.
As used in this article:
(a) "Agency" means those various agencies, authorities,
boards, committees, commissions or departments of the Department of
Health and Human Resources with authority to promulgate legislative
rules pursuant to this chapter that regulate health care providers,
practitioners or consumers; or those offering social services
programs;
(b) "Bureau" is the Bureau of Senior Services; and
(c) "Commission" means the Legislative Oversight Commission on
Long-Term Care; and
(d) "Department" means the Department of Health and Human
Resources.
§16-29J-3. Creation of a Legislative Oversight Commission on
Long-Term Care.
(a) There is hereby created a joint commission of the
Legislature known as the Legislative Oversight Commission on Long-
Term Care. The commission shall be composed of six members of the
Senate appointed by the President of the Senate and six members of
the House of Delegates appointed by the Speaker of the House of
Delegates. No more than five of the six members appointed by the
President of the Senate and the Speaker of the House of Delegates,
respectively, may be members of the same political party. In
addition, the President of the Senate and Speaker of the House of
Delegates shall be ex officio nonvoting members of the commission
and shall designate the cochairpersons. At least one of the Senate
appointees and one of the House of Delegates appointees shall be a
member of the Committee on Health and Human Resources of the Senate
and House of Delegates, respectively, and at least one of the
Senate appointees and at least one of the House of Delegates
appointees shall be a member of the Committee on Finance of the
Senate and House of Delegates, respectively. The members shall
serve until their successors shall have been appointed as
heretofore provided. In addition to legislative members, there
shall be appointed by the cochairs, consultants who will sit with
the commission and participate in their deliberations. These
consultants shall include representatives from the following
agencies: The Bureau of Senior Services, the Department of Health
and Human Resources, the Olmstead Advisory Council, American Association of Retired Persons, the Health Care Association, the
Alzheimer's Association, the Statewide Independent Living Council
and others identified by the cochairs as consultants.
(b) Members of the commission shall receive such compensation
and expenses as provided in article two-a, chapter four of this
code. Such expenses and all other expenses including those
incurred in the employment of legal, technical, investigative,
clerical, stenographic, advisory and other personnel shall be paid
from an appropriation to be made expressly for the Legislative
Oversight Commission on Long-Term Care: Provided, That if no such
appropriation be made, such expenses shall be paid from the
appropriation under "Fund No. 0175 for Joint Expenses" created
pursuant to the provisions of said chapter: Provided, however,
That no expense of any kind payable under the account for joint
expenses shall be incurred unless first approved by the Joint
Committee on Government and Finance.
(c) The commission shall meet at any time both during sessions
of the Legislature and in the interim or as often as may be
necessary.
§16-29J-4. Powers and duties of commission.
(a) The powers, duties and responsibilities of the commission
shall include the following:
(1) In keeping with the traditional concept of the inherent
dignity of the individual in our democratic society, the older citizens of this state are entitled to enjoy their later years in
health, honor, dignity and disabled citizens are entitled to live
lives of maximum freedom and independence, this commission will
make every effort to move the long-term care system towards this
stated goal.
(2) Make a continuing investigation, study and review of the
practices, policies and procedures of the long-term care system in
this state;
(3) Investigate, study and review methods and strategies to
provide citizens with a balanced long-term care system that allows
people a realistic choice between institutional and community-based
supports.
(4) Review and monitor the implementation of Title II of the
Americans with Disabilities Act and the Olmstead Plan.
(5) Conduct studies on:
(A) The funding that is available from the state and the
federal government and the federal requirements that have an impact
on decision making;
(B) The current gaps in services that exist in the system to
provide the full range of home and community based services;
(C) The extent to which the state is maximizing available
federal programs and moneys in providing health care services to
the citizens of this state;
(D) The operation of the programs and funds created by article twenty-nine-c of this chapter; and
(E) The roles of the public, private and private nonprofit
sectors in providing long-term care services in the state and the
barriers that exist in meeting the needs;
(6) Consider the implications of rebalancing the long-term
care system;
(7) Review the current Medicaid waiver programs including
their policies to determine their effectiveness in meeting the
needs of the citizens of the state;
(8) Review and study the implications of the increasing
percentage of elderly and disabled in the state and the impact on
the system;
(9) Review and study the feasibility and financial impact of
providing care to those who do not qualify for a waiver program but
have needs that, if met, would prevent the need for greater
services or nursing home care for a longer period of time;
(10) Conduct a study on the cost and effectiveness of using
various telecommunication systems to monitor those who are elderly
or disabled and the delay in needing more costly care in the
future; and
(11) Meet jointly with the agency directors and advocates to
discuss the various topics of interest to provide a well developed
and thoughtful series of recommendations.
(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies
and reviews pursuant to the provisions of section seven of this
article.
§16-29J-5. Examination and subpoena powers; contempt proceedings.
(a) For purposes of carrying out its duties, the commission is
hereby empowered and authorized to examine witnesses and to
subpoena such persons and books, records, documents, papers or any
other tangible things as it believes should be examined to make a
complete investigation.
(b) All witnesses appearing before the commission under
subpoena shall testify under oath or affirmation. Any member of
the commission may administer oaths or affirmations to such
witnesses.
(c) To compel the attendance of witnesses at such hearings or
the production of any books, records, documents, papers or any
other tangible thing, the commission is hereby empowered and
authorized to issue subpoenas, signed by one of the cochairpersons,
in accordance with section five, article one, chapter four of this
code. Such subpoenas shall be served by any person authorized by
law to serve and execute legal process and service shall be made
without charge. Witnesses subpoenaed to attend hearings shall be
allowed the same mileage and per diem as is allowed witnesses
before any petit jury in this state.
(d) If any person subpoenaed to appear at any hearing shall refuse to appear or to answer inquiries there propounded, or shall
fail or refuse to produce books, records, documents, papers or any
other tangible thing within his or her control when the same are
demanded, the commission shall report the facts to the circuit
court of Kanawha County or any other court of competent
jurisdiction and such court may compel obedience to the subpoena as
though such subpoena had been issued by such court in the first
instance.
NOTE: The purpose of this bill is to establish a Legislative
Oversight Commission on Long-Term Care that has responsibility for
reviewing the long-term care system and making recommendations for
improvement.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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