H. B. 2171
(By Delegates Gallagher, Douglas, Compton, Linch, Faircloth,
and Riggs)
[Introduced January 23, 1995; referred to the
Committee on Health and Human Resources
then the Judiciary.]
A BILL to amend and reenact section one, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
department of health and human resources to promulgate
legislative rules relating to behavioral health patient rights.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Department of health and human resources.
(a) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating to
the secretary of the department of health and human resources
(implementation of omnibus health care act), are authorized.
(b) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating to
the secretary of the department of health and human resources
(implementation of omnibus health care act payment provisions), are
authorized.
(c) The legislative rules filed in the state register on the
twentieth day of March, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet the objections of the legislative rule-making review committee and
refiled in the state register on the seventeenth day of November, one
thousand nine hundred ninety-two, relating to the department of
health and human resources (infectious medical waste), are authorized
with the amendments set forth below:
"On page seventeen, subsection 8.2, after the words '(45) days.'
by inserting the following language: 'Facilities that treat
infectious medical waste on-site shall not store the infectious
medical waste more than thirty (30) days.';
On page twenty-one, subdivision 10.1.2., after the words
'disposed of' striking out the words 'as solid waste' and inserting
in lieu thereof the words 'in the same manner as ash from solid waste
incineration and as provided in subdivision 10.2.5. of this rule.';
On page twenty-six, subsection 11.7., after the words 'permit
to' inserting the words 'own, operate and';
On page twenty-six, subsection 11.7., by striking out the word
'publish' and inserting in lieu thereof the words 'announce the
public hearing required by subsection 11.9. of this rule by
publishing';
On page twenty-six, by further amending subsection 11.7. by adding thereto a new subdivision, designated subdivision 11.7.1.4.
to read as follows: 'The announcement of the date, time and place
where the hearing is to be conducted, shall be made at least fourteen
(14) but not more than forty-five (45) days prior to the hearing';
And,
On page twenty-six, subsection 11.9, by after the words
'proposing to' inserting the words 'own, construct and'."
(d) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of January,
one thousand nine hundred ninety-three, relating to the department
of health and human resources (residential board and care homes), are
authorized.
(e) The legislative rules filed in the state register on the
third day of May, one thousand nine hundred ninety-three, modified
by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of July, one thousand nine hundred ninety-three, relating to the department of health and
human resources (public water systems), are authorized.
(f) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-three,
modified by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of January,
one thousand nine hundred ninety-four, relating to the department of
health and human resources (distribution of state aid funds to local
boards of health), are authorized.
(g) The legislative rules filed in the state register on the
seventh day of January, one thousand nine hundred ninety-four,
modified by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fourth day of January,
one thousand nine hundred ninety-four, relating to the department of
health and human resources (hospital licensure), are authorized with
the amendments set forth below:
"On page 4, section 3.20, by striking out all of section 3.20
and inserting in lieu thereof the following: "Section 6a Hospital -- A nonprofit hospital, as identified in W. Va. Code §16-5-B-6a,
whether governed by an in-state or out-of-state board of directors,
or a hospital owned by a county, city or other political subdivision
of the State of West Virginia, except for existing nonprofit
hospitals which are owned or operated by a corporation which was
incorporated in another state prior to March 9, 1983: Provided,
however, this definition does not include the corporation defined in
W. Va. Code §18-11C-1(d) and";
On page 16, section 8.3.2. by striking the comma after the word
"safety" and inserting in lieu thereof the word "or";
On page 16, section 8.3.2. after the word "et seq.," by striking
out the words "or involves a cost in excess of two hundred thousand
dollars ($200,000)";
On page 17, section 8.4.2. by striking the comma after the word
"safety" and inserting in lieu thereof the word "or";
On page 17, section 8.4.2. after the word "et seq.," by striking
out the words "or involves a cost in excess of two hundred thousand
dollars ($200,000)"; and
On page 45, section 12, by striking all of subdivision 12.2.1
and inserting in lieu thereof a new subdivision 12.2.1 to read as follows:
12.2.1. All general acute care hospitals shall provide
emergency services: Provided, That the Director may grant exceptions
to this requirement based upon (a) the need to avoid an unnecessary
duplication of services, (b) a recognition of practical economies of
scale within the community, or (c) other such appropriate factors
relating to the optimum delivery of emergency services within
available resources and deemed by the director to be substantial.
The requirement of this subdivision for the provision of emergency
services shall be waived by the director in the case of a rural
primary care hospital if such hospital has entered into an
appropriate patient transfer agreement with another referral hospital
to provide for emergency services. If the hospital provides
emergency services, it shall have an emergency room which is located
so as to permit easy access from automobiles and ambulances. The
emergency service shall be of a size comparable to the need imposed
upon it and shall be adequately equipped to provide whatever
life-saving measures may be needed for patients admitted to this
service."
(h) The legislative rules filed in the state register on the fifteenth day of August, one thousand nine hundred ninety-four,
modified by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of January, one
thousand nine hundred ninety-five, relating to the department of
health and human resources (behavioral health patient rights), are
authorized.
NOTE: The purpose of this bill is to authorize the Department
of Health and Human Resources to promulgate legislative rules
relating to behavioral health patient rights.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.