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Introduced Version Senate Bill 694 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 694

(By Senator Prezioso, By Request)

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[Introduced March 26, 2001; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to the establishment of the care home advisory committee.

Be it enacted by the Legislature of West Virginia:
That article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nineteen, to read as follows:
ARTICLE 5H. CARE HOMES.
§16-5H-19. Care home advisory committee.
(a) The care home advisory committee is established to perform functions relative to personal care homes, as defined and regulated in article five-d of this chapter, and residential board and care homes, as defined in this article. The committee consists of eight members: Three members to be appointed by the governor, one of whom shall be a member of a consumer advocacy group, one of whom shall be a personal care home operator and one of whom shall be a residential board and care home operator; the commissioner of the bureau for medical services; the director of the office of social services; the director of the office of health facility licensure and certification; and the chairpersons of the Senate and House of Delegates committees on health and human resources.
(b) Initial gubernatorial appointments to the committee shall be for staggered terms as follows: One member shall be appointed for a two-year term; one member shall be appointed for a three-year term; and one members shall be appointed for a four-year term. Subsequent appointments to the committee shall be for four-year terms. At the expiration of any member's term, the member may be reappointed or replaced: Provided, That no member may serve more than two consecutive terms.
(c) Committee members may be removed from service on the committee before the expiration of their terms for malfeasance or the result of an infirmity and an inability to serve: Provided, That no member may be removed except as the removal is directed and approved by the governor.
(d) The committee shall meet no less than four times annually. The committee shall advise, assist and make recommendations to the governor and the Legislature concerning issues facing the care home industry and the need for the implementation of additional rules or the elimination of existing rules.
(e) The committee shall also facilitate communications between any governmental agencies or other public entities in order to determine if any legislative or administrative rule that affects the care home industry in this state is in conflict with any other rule or policy.
(f) Members of the committee are not entitled to compensation for services performed as members, but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties, which shall be paid from the funds of health and human resources. A majority of the members constitutes a quorum for the purpose of conducting business. The committee shall elect its chair for a term to run concurrent with the term of office of the member elected as chair. The chair is eligible for successive terms in that position.
(g) The committee shall commence its functions on the first day of July, two thousand one and it shall continue until the last day of June, two thousand three, or until otherwise continued by the Legislature.




NOTE: The purpose of this bill is to create a Care Home Advisory Committee to act as liaison between government and other public entities to determine whether legislation and administrative rules conflict in any manner which adversely affects the home care industry in the state.

§16-5H-19 is new; therefore, strike-throughs and underscoring have been omitted.
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