H. B. 4438
(By Delegates Marshall, C. White, Beane,
Leach, Walters, Compton and Stephens)
[Introduced February 7, 2002; referred to the
Committee on Health and Human Resources then Government
Organization.]
A BILL to amend and reenact section seven, article five-d, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to personal care
homes; requiring notice prior to increasing costs charged to
a resident; and requiring notice of procedures the personal
care home will use if it desires a resident to leave the home.
Be it enacted by the Legislature of West Virginia:
That section seven, article five-d, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-7. Cost disclosure; increase in costs; surety for
residents' funds.
(a) Each personal care home shall disclose in writing to all
prospective residents a complete and accurate list of all costs
which may be incurred by them. Residents are not liable for any
cost not so disclosed.
(b) (1) Before a prospective resident moves personal
belongings into a personal care home, the personal care home shall
provide the prospective resident with a written statement of the
time and procedures the personal care home will use if it desires
the prospective resident to leave the facility. The statement
shall also specify the time and nature of the written notice the
personal care home will use to increase any listed cost to be paid
by the resident during the resident?s stay. All notices shall be
in writing and provided to:
(A) The resident; and
(B) The care helper designated by the resident, if any, at the
care giver's address.
(2) The initial costs charged a resident may be increased no
sooner than three months after the first night residency begins.
An increase is not effective unless the personal care home, at
least sixty days prior to the effective date of the increase,
notifies the:
(A) Resident; and
(B) The care helper designated by the resident, if any, at the
care giver's address.
(b) (c) If the personal care home handles any money for
residents within the personal care home, the licensee or his
or her authorized representative shall give a bond in an
amount consistent with this subsection and with such surety as
the director shall approve. The bond shall be upon condition
that the licensee shall hold separately and in trust all
residents' funds deposited with the licensee, shall administer
the funds on behalf of the resident in the manner directed by
the depositor, shall render a true and complete account to the
depositor and the director when requested, and at least
quarterly to the resident, and upon termination of the
deposit, shall account for all funds received, expended, and
held on hand. The licensee shall file a bond in a sum to be
fixed by the director based upon the magnitude of the
operations of the applicant, but which sum may not be less
than two thousand five hundred dollars.
(d)(1) Every person injured as a result of any improper or
unlawful handling of the money of a resident of a personal care home may bring an action in a proper court on the bond required to
be posted by the licensee pursuant to this subsection for the
amount of damage suffered as a result
thereof of the improper or
unlawful handling, to the extent covered by the bond. Whenever the
director determines that the amount of any bond which is filed
pursuant to this subsection is insufficient to adequately protect
the money of residents which is being handled, or whenever the
amount of any bond is impaired by any recovery against the bond,
the director may require the licensee to file an additional bond in
such an amount
as necessary to adequately protect the money of
residents being handled.
(2) The provisions of
subdivision (1) of this subsection do
not apply if the licensee handles less than twenty-five dollars per
resident and less than five hundred dollars for all residents in
any month.
NOTE: The purpose of this bill is to require personal care
homes to give notice to residents prior to increasing costs charged
to the residents and
to inform potential residents of the
procedures the personal care home will use if it desires a resident
to leave the home.
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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