Senate Bill No. 348

(By Senators Chafin and Walker)

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[Introduced February 14, 1995; referred to the Committee
on Health and Human Resources.]
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A BILL to amend and reenact section five, article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring that the alphabetic rating assigned to a nursing, personal care or residential care home by the board of health be posted on the entrance of the facility and disclosed in any contract or agreement made with patients or members of their families or in any promotional or informational brochure or other literature.

Be it enacted by the Legislature of West Virginia:
That section five, article five-c, 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 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL BOARD AND CARE HOMES.

§16-5C-5. Rules and Regulations; minimum standards for facilities; rating of facilities.

(a) All rules and regulations shall be approved by the board of health and promulgated in the manner provided by the provisions of article three, chapter twenty-nine-a of this code. The board of health shall adopt, amend or repeal such rules and regulations as may be necessary or proper to carry out the purposes and intent of this article and to enable the director to exercise the powers and perform the duties conferred upon the director by this article.
(b) The board of health shall promulgate regulations establishing minimum standards of operation of facilities including, but not limited to, the following:
(1) Administrative policies, including: (i) An affirmative statement of the right of access to facilities by members of recognized community organizations and community legal services programs whose purposes include rendering assistance without charge to patients, consistent with the right of patients to privacy; and (ii) a statement of the rights and responsibilities of patients in facilities which prescribe, as a minimum, such a statement of patients' rights as included in the United State department of health, education and welfare regulations, in force on the effective date of this article, governing participation of intermediate care facilities in the medicare and medicaid programs pursuant to titles eighteen and nineteen of the Social Security Act;
(2) Minimum numbers and qualifications of personnel, including management, medical and nursing, aides, orderlies and support personnel, according to the size and classification of the facility;
(3) Safety requirements;
(4) Sanitation requirements;
(5) Protective and personal services to be provided;
(6) Dietary services to be provided;
(7) Maintenance of health records;
(8) Social and recreational activities to be made available; and
(9) Such other categories as the board of health determines to be appropriate to ensure patient's health, safety and welfare.
(c) The board of health shall include in its regulations detailed standards for each of the categories of standards established pursuant to subsections (b) and (d) of this section, and shall classify such standards as follows: Class I standards are standards the violation of which, the board of health determines, would present either an imminent danger to the health, safety or welfare of any patient or a substantial probability that death or serious physical harm would result; Class II standards are standards which the board of health determines have a direct or immediate relationship to the health, safety or welfare of any patient, but which do not create imminent danger; Class III standards are standards which the board of health determines have an indirect or a potential impact on the health, safety or welfare of any patient.
(d) The board of health shall establish:
(1) Standards grouped into broad general categories including, but not limited to, nursing services, dietetic services, medical services, the physical facility and patient rights. Standards within each category shall be assigned a numerical value based on its classification according to subsection (c) of this section to represent full compliance with the standard. The board of health shall also determine numerical values for a standard to represent an acceptable level or levels of partial but substantial compliance with the standard, if applicable.
(2) A range of values for each category based on the values for individual standards to represent full compliance and various levels of acceptable partial but substantial compliance with the category. A facility must attain an acceptable substantial level of compliance for each and every individual category to be deemed in substantial compliance with this article and the regulations promulgated hereunder.
(3) Standards for which extra numerical credit may be earned. Such extra credit shall not be used to counterbalance unacceptable levels of compliance with other standards, but may be used to raise a score where the facility is already in partial compliance.
(e) Not later than the first day of March, one thousand nine hundred eighty-nine, the board of health shall establish a system of rating facilities, as part of the licensing procedure, in accordance with the criteria established pursuant to this section. Such system shall include four rating categories entitled, from the highest to lowest, "A," "B," "C" and "F." A rating of "F" shall be assigned to those facilities whose performance is not in substantial compliance with this article and regulations promulgated hereunder, and shall be the basis for issuance of a provisional license pursuant to subsection (d), section six of this article, or the limitation, suspension, revocation or denial of a license. The rating assigned to each facility shall be on the basis of its immediately prior inspection, and shall be deemed a part of the results and findings of that inspection, and shall be included on the license issued to the facility pursuant to section six of this article.
The rating shall, in addition, be posted at the entrance to each facility and disclosed in any contract or agreement with any patient or family member of the patient and in any promotional or informational brochure or other literature published or distributed by or on behalf of any facility.




NOTE:
The purpose of this bill is to require any nursing, personal or residential care home to post the rating it receives from the board of health at its front entrance. The bill also requires disclosure of such rating in any contract with patients or their families and in any promotional or informational brochures such facility distributes or publishes.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.