ENGROSSED
Senate Bill No. 430
(By Senators Helmick, Wiedebusch, Ross, Whitlow,
Scott, Manchin, Tomblin, Mr. President, Sharpe,
Dittmar, Walker, Buckalew, Kimble, Love, Wagner,
Bailey, Anderson, Wooton, Craigo, Chafin, White,
Schoonover, Bowman, Deem, Plymale and Jackson)
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[Introduced February 17, 1995;
referred to the Committee on Health and Human Resources.]
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A BILL to amend and reenact section two, article five-c,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to nursing,
personal and residential care homes; and exempting
fraternal homes from the licensing requirements.
Be it enacted by the Legislature of West Virginia:
That section two, 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-2. Definitions.
As used in this article, unless a different meaning
appears from the context:
(a) The term "director" means the secretary of the
department of health and human resources or his or her
designee;
(b) The term "facility" means any nursing home, personal
care home or residential board and care home as defined in
subdivisions (d), (e) and (f) of this section: Provided, That
the care or treatment in a household, whether for compensation
or not, of any person related by blood or marriage, within the
degree of consanguinity of second cousin to the head of the
household, or his or her spouse, may not be deemed to
constitute a nursing home, personal care home or residential
board and care home within the meaning of this article. Nothing contained in this article applies to hospitals, as
defined under section one, article five-b of this chapter; or
state institutions, as defined under section three, article
one, chapter twenty-five of this code or section six, article
one, chapter twenty-seven of this code; or nursing homes
operated by the federal government or the state government; or
institutions operated for the treatment and care of alcoholic
patients; or offices of physicians; or hotels, boarding homes
or other similar places that furnish to their guests only room
and board; or extended care facilities operated in conjunction
with a hospital; or to homes or asylums operated by fraternal
orders pursuant to article three, chapter thirty-five of this
code;
(c) The term "limited and intermittent nursing care" means
care which may only be provided when the need for such care
meets these factors: (1) The resident requests to remain in
the facility; (2) the resident is advised of the availability
of other specialized health care facilities to treat his or her
condition; and (3) the need for such care is the result of a medical pathology or a result of the normal aging process.
Limited and intermittent nursing care shall only be provided by
or under the direct supervision of a registered professional
nurse and in accordance with rules promulgated by the board of
health;
(d) The term "nursing home" means any institution,
residence or place, or any part or unit thereof, however named,
in this state which is advertised, offered, maintained or
operated by the ownership or management, whether for a
consideration or not, for the express or implied purpose of
providing accommodations and care, for a period of more than
twenty-four hours, for four or more persons who are ill or
otherwise incapacitated and in need of extensive, on-going
nursing care due to physical or mental impairment or which
provides services for the rehabilitation of persons who are
convalescing from illness or incapacitation;
(e) The term "personal care home" means any institution,
residence or place, or any part or unit thereof, however named,
in this state which is advertised, offered, maintained or operated by the ownership or management, whether for a
consideration or not, for the express or implied purpose of
providing accommodations and personal assistance and
supervision, for a period of more than twenty-four hours, to
four or more persons who are dependent upon the services of
others by reason of physical or mental impairment who may
require limited and intermittent nursing care, including those
individuals who qualify for and are receiving services
coordinated by a licensed hospice: Provided, That services
utilizing equipment which requires auxiliary electrical power
in the event of a power failure may not be used unless the
personal care home has a backup power generator;
(f) The term "residential board and care home" means any
residence or place, or any part or unit thereof, however named,
in this state which is advertised, offered, maintained or
operated by the ownership or management, whether for
consideration or not, for the express or implied purpose of
providing accommodations and personal assistance and
supervision, for a period of more than twenty-four hours, to four to ten persons who are not related to the owner or manager
by blood or marriage within the degree of consanguinity of
second cousin and are dependent upon the services of others by
reason of physical or mental impairment or who may require
limited and intermittent nursing care but are capable of self-
preservation and are not bedfast, including those individuals
who qualify for and are receiving services coordinated by a
licensed hospice: Provided, That services utilizing equipment
which requires auxiliary electrical power in the event of a
power failure may not be used unless the residential board and
care home has a backup power generator;
(g) The term "nursing care" means those procedures
commonly employed in providing for the physical, emotional and
rehabilitational needs of the ill or otherwise incapacitated
which require technical skills and knowledge beyond that which
the untrained person possesses, including, but not limited to,
such procedures as: Irrigations, catheterizations, special
procedure contributing to rehabilitation and administration of
medication by any method which involves a level of complexity and skill in administration not possessed by the untrained
person;
(h) The term "personal assistance" means personal
services, including, but not limited to, the following: Help
in walking, bathing, dressing, feeding or getting in or out of
bed, or supervision required because of the age or mental
impairment of the resident;
(i) The term "patient" means an individual under care in
a nursing home;
(j) The term "resident" means an individual living in a
personal care home or a residential board and care home;
(k) The term "sponsor" means the person or agency legally
responsible for the welfare and support of a patient or
resident;
(l) The term "person" means an individual and every form
of organization, whether incorporated or unincorporated,
including any partnership, corporation, trust, association or
political subdivision of the state.
The director may define in regulations any term used herein which is not expressly defined.